HomeMy WebLinkAboutReg 2019-10-07 Item 6 - Labor Agreement - 2019-2021 Collective Bargaining Agreement with United Steelworkers for Police Non-Commissioned EmployeesCOUNCIL AGI4,NDA SYNOPSIS
Initials
Meet" nt,) Date
Prcpared by
iliaprreview
Council rview
e
81-4L
10/07/19
JP
li
ITEM INFORMATION
ITEM No.
6
STAFF SPONSOR: JUAN PADILLA
OR iG iNAL AG N,ND: IviE: 10/07/19
AGENDA ITEM TITLE USW Non -Commissioned Police Contract 2019-2021
CATEGoky Discussion
illt,g Date
Z
Al ig
Motion
Dale 10-07-19
E Resolution
1111g Dale
E Ordinance
AI Dale
E Bic
A/N Dale
E Public Heating
illt,g Date
F Other
Altj; Dale
SPONSOR Council Mayor
DCI) EFznuncc Fire LJS
Police PIF Court
K, FIR
IMP
&R
SPONSOR' s Consideration and approval of the Police Non -Commissioned labor contract for 2019-2021.
SUMMARY
RUVII\X/11.) BY C.O.W. Mtg. EII CDN Cornm 11 Finance Comm. Public Safety Comm.
T Trans &Infrastructure Arts Comm. El Parks Comm. 0 Planning Comm.
DATE: COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPoNsoit/ADmiN.
CommyrrEr!;
Human Resoures
NA
COST IMPACT / FUND SOURCE
Expkm ' UHF; RkQl11121T) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
10/07/19
Informational Memorandum dated 10/02/19
Labor Agreement with USW Local 9241 (04)
49
50
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Juan Padilla, Human Resources Director
CC: Mayor Ekberg
DATE: October 2, 2019
SUBJECT: United Steel Workers Contract (Police Non -Commissioned) 2019-2021
ISSUE
Consideration and approval of the United Steel Workers labor contract for 2019-2021.
BACKGROUND
The United Steel Workers (Police Non -Commissioned) labor contract ended on December 31,
2018.The City and Union have reached a tentative three-year agreement on a successor
contract.
DISCUSSION
The City and the Union have agreed to a 3.24% wage increase for 2019, retroactive to January
1, 2019. The City and the Union have also agreed to 90% CPI-W (June to June) for 2020 and
2021. In addition, the City and the Union have agreed to an increase of 1 % to the
education/longevity table of the agreement. There is also agreement to increase the shift
differential pay by .50 cents. The contract has been voted and passed unanimously by the
Union members.
RECOMMENDATION
The Council is being asked to consider and approve the contract at the October 7, 2019, regular
meeting.
ATTACHMENTS
United Steel Workers Labor Contract 2019-2021.
51
52
City of Tukwila - USW (2019-21)
FINAL
TUKWILA POLICE NON-COMMISSIONED
LABOR AGREEMENT
between the
CITY OF TUKWILA
and
UNITED STEELWORKERS
On Behalf of
Local 9241 (04)
Effective
January 1, 2019 -December 31, 2021
1
53
City of Tukwila- USW (2019-21)
TUKWILA POLICE NON-COMMISSIONED
AGREEMENT
by and between
THE CITY OF TUKWILA
and
UNITED STEELWORKERS ON BEHALF OF LOCAL 9241
TABLE OF CONTENTS
ARTICLE TITLE PAGE
Table of Contents 2
Preamble 3
1 Recognition and Bargaining Unit 3
2 Union Membership and Dues Deduction 4
3 Working Out of Classification 5
4 Hours of Work 6
5 Salaries 11
6 Department Work Rules 11
7 Clothing Allowance 13
8 Sick Leave 15
9 Holidays 16
10 Education Allowance and Longevity Pay 17
11 Definitions 19
12 Vacations 19
13 Pensions 20
14 Insurance 20
15 Disciplinary Procedures 22
16 Management Rights 24
17 Grievance Procedure 25
18 No Strike and No Lockout 28
19 Leaves 28
20 Savings Clause 29
21 Entire Agreement 29
22 Safety 30
23 Duration of Agreement 30
Schedule "A" Wage Schedules 32
54
City of Tukwila- USW (2019-21)
PREAMBLE
This mutual agreement has been entered into by the United Steelworkers, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, for and on behalf of Local 9241 (hereinafter referred to as "United
Steelworkers" or "Union"), and the City of Tukwila (hereinafter referred to as "City" or
"Employer"). The purpose of this Agreement is the promotion of harmonious relations
between the Union and the City; the establishment of equitable and peaceful procedures
for the resolution of differences; and the establishment of rates of pay, hours of work, and
other terms and conditions of employment.
ARTICLE 1
RECOGNITION AND BARGAINING UNIT
SECTION 1. The City of Tukwila recognizes the United Steelworkers, AFL-CIO on
behalf of its members in Local Union 9241, as the exclusive bargaining representative of
the Police Department for all employees in positions listed in the Wage Schedule A;
provided that neither party waives its right to petition the Public Employment Relations
commission to add to or delete from the above list in accordance with established time
frames and procedures.
SECTION 2. There shall be no more than two (2) Union representatives designated to
act on behalf of members with regard to day-to-day administration of the Agreement.
For the purposes of negotiations with the Employer, the number of official
representatives of the Union shall be limited to three employees and one alternate, plus
representatives of the international union.
SECTION 3. Union Business The Employer shall afford a Union officer (shop steward)
who is an employee in the bargaining unit a reasonable amount of time to meet with
appropriate administrator(s) and/or employee(s) with respect to the interpretation or
application of this Agreement; provided:
The Union officer shall give at least forty eight (48) hours' notice to the Chief of Police
or designee prior to such meeting; the Union officer indicates the general purpose of the
meeting, i.e. issue to be discussed; the Employer is able to properly staff the employee(s)
job duties during the time period; the wage cost to the Employer is no greater than the
cost that would have been incurred had the Union officer not taken the time; the Union
official shall not transact such business while working on shift which in any way
interferes with the operation of the normal routine of City business.
Employees who are subpoenaed to appear as a fact witness during a Civil Service
Hearing, PERC hearing or labor mediation may be allowed to attend without loss of pay,
only during their testimony and only if travel out of the City is not involved. Otherwise,
the employee 's time off shall be charged to vacation or comp time.
3
55
City of Tukwila- USW (2019-21)
Union officers may be granted unpaid leave for the purpose of attending union
conventions or seminars, provided that such request is made to the Employer with at least
seven (7) days written notice and that compliance with items 2 through 5 above shall be
secured by the Union officer.
For the purposes of Union business, the Union will notify the Employer in writing at least
annually as to its Union officer(s): name(s), address(es), and phone number(s).
ARTICLE2
UNION MEMBERSIDP AND DUES DEDUCTION
SECTION 1. 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 discrimination. Any employee
complaints of discrimination must be reported in accordance with the City's Personnel
Policies and Procedures, and shall be excluded from the arbitration step grievance
procedure in Article 17.
Nothing in this clause shall restrict the Union from providing internal, Union sponsored
benefits to Union members only.
SECTION 2. Subject to the terms of this Agreement, no more than two (2) official
representatives of the bargaining at any one time shall be given time off with pay to
attend negotiation sessions with the Employer during working hours, provided reasonable
notification is given and the time is mutually agreed upon. The Employer retains the
right to restrict such release time when an emergency exists or such release would create
a danger to public safety.
SECTION 3. The following procedure shall be followed in the deduction of dues and
initiation fees for members of Local 9241 of the United Steelworkers.
56
City of Tukwila- USW (2019-21)
The employer agrees to the deduction of monthly dues and initiation fees as designated
by the International Treasurer for those employees in the Unit who elect to become members of
the Union and who request in writing to have their regular monthly Union dues checked off on the
basis of individually signed voluntary check -off authorization cards.
A copy of said deductions shall be forwarded to the Financial Secretary of the United
Steelworkers Local #9241.
Each month, the Employer shall remit to the International Treasurer of the United
Steelworkers, at the address which they authorize for this purpose, all dues and fees
deducted together with a list of employees and the amount deducted from each
employee.
The City shall afford the Union thirty (30) minutes of time with new hires during the
City's new hire orientation. The City shall also provide written notice to the Union of all
new hires at the time of hire. Such written notice shall include their job classifications and
date of hire.
The Union agrees to indemnify, defend 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 3 - WORKING OUT OF CLASSIFICATION
Should any employee be required to act as supervisor, the employee shall be paid a
premium of five percent (5%) of the employee's base rate of pay while so acting. It is
understood that assignments of supervisory duty will be made by the Chief of Police or
their designee.
5
57
City of Tukwila- USW (2019-21)
When assigned to perform evidence technician responsibilities during the absence of the
evidence technician, or as an alternate when the evidence technician is on duty as
designated by the Chief of Police or their designee, the employee shall be placed in the
salary range of the evidence technician position providing for not less than 5% increase
above their current base rate of pay.
ARTICLE 4 - HOURS OF WORK
SECTION 1. This Article is intended to define the normal hours of work, to provide the
basis for calculation of overtime, and set forth the policy on compensatory time.
Compensation shall not be paid more than once for the same hours under any provision
of the Agreement.
SECTION 2. Hours of Work. The working hours for members affected by this
Agreement shall be the equivalent of forty hours (40) per week on an annualized basis,
exclusive of meal period. The normal schedule for employees shall be five (5) days
worked and two (2) consecutive days off during a seven (7) day period, except in the
event of an unusual occurrence, civil disorder or national disaster.
The normal working hours for members of the bargaining unit assigned to part-time
position(s) shall be twenty (20) hours per week on an annualized basis, exclusive of meal
period. The normal work schedule for part-time employees shall be established by the
Employer.
Full-time employees covered by this agreement may work alternative work schedules
with mutual agreement between the employee and the Employer, provided the Employer
may reassign the employee to the normal 5/2 work schedule at any time.
SECTION 3. Overtime. Except as otherwise provided in this Article, employees on
a five (5) day schedule shall be paid at the rate of time and one-half (1.5) for the first four
(4) hours in excess of eight (8) hours worked and beginning during the fifth (5th) hour in
excess of eight (8) hours worked at the rate of two (2) times their normal pay rate in one
(1) day, exclusive of lunch period. Thereafter, additional hours worked shall be at the
rate of two (2) times their regular rate of pay, in one (1) work day, inclusive of lunch
period. Only one such payment shall be made for the same hours of work.
There shall be no pyramiding of overtime.
Call Back. In the event that overtime is not an extension of a normal shift, the
minimum payment shall be for three (3) hours at the one and one-half (1.5) time rate.
Those employees assigned to 4-lO's have three consecutive days off but 5-8's remains the normal
schedule.
58
City of Tukwila- USW (2019-21)
Overtime for Court Appearance. In the event that court appearances are required
outside of regularly scheduled hours, the Employer shall attempt to schedule such
appearances on regularly scheduled days rather than on furlough days. Such appearances
outside of regularly scheduled hours which are not an extension of a normal shift shall be
compensated for a minimum of three (3) hours at the employee's time and one-half (1.5)
rate.
SECTION 4. Standby. The Employer and the Union agree that the use of standby time
shall be minimized consistent with sound law enforcement practices and the maintenance
of public safety. Standby assignments shall be for a fixed, pre -determined period of time
not to exceed eight (8) hours. Employees formally placed on standby status shall be
compensated on the basis of four-(4) hours straight pay for eight (8) hours of standby or
fraction thereof. If the employee is actually called back to work, normal overtime rules
shall apply. Compensation for standby shall not be paid in addition to overtime minimum
pay.
On Call. Employees shall be compensated at the overtime rate for thirty (30)
minutes if they are required by the shift supervisor to be on call during their meal period.
"On call" is defined as being required to take a radio to lunch, or being required to stay in
the building during the meal period.
SECTION 5. Compensatory Time. Compensatory time is defined as time off granted an
employee as compensation for hours worked in addition to the employee's regularly
scheduled workday or workweek.
It is the responsibility of the employee to request compensatory time in lieu of overtime if
so desired. The Employer shall have discretion to determine whether compensatory time
is to be granted to the employee when compensatory time is requested by the employee in
lieu of overtime.
The granting of compensatory time in lieu of overtime will be at the rate of one and one-
half (1.5) for each overtime hour worked up to the 12th hour of continuous work.
Beginning at the 13th hour of continuous work the granting of compensatory time in lieu
of overtime will be at the rate of two (2) for each overtime hour worked.
Individual accrual of compensatory time in lieu of overtime shall not exceed fifty (50)
hours.
SECTION 6. Contacts Outside of Scheduled Work Hours. The designated first contact
with an employee outside of scheduled work hours will be as assigned by the Chief of
Police, or the Chiefs designee. If there is a need to make such off duty contact, the
employee shall be paid a minimum of fifteen (15) minutes for actual time required to
handle Employer business, and thereafter, in fifteen (15) minute increments. If a callback
to duty is required, compensation shall be governed by Section 3.A. above. The
minimum of fifteen (15) minutes will be paid at the overtime rate and if a call-back to
7
59
City of Tukwila- USW (2019-21)
duty is required, the fifteen (15) minutes of overtime shall be included in the
compensation paid at the overtime rate under Section 3.A.
SECTION 7. Employees shall receive a rest period of not less than fifteen (15) minutes,
on the City's time, for each four (4) hour work period. Rest periods shall be scheduled as
near as possible to the midpoint of each four (4) hour work period. No employee shall be
required to work more than three (3) hours without a rest period.
The City shall provide each employee with one half (1/2) hour for a meal between the
third and fifth hour of each shift, or the fourth and sixth hour of a ten (10) hour shift. The
employee may add the two (2) fifteen (15) minute rest breaks to the meal period with the
agreement of the Employer. All rest breaks and lunch breaks shall be arranged by the
employee at the discretion of his/her supervisor.
If an employee is unable to take their fifteen (15) minute rest break, due to lack of relief,
the City shall, at the Employee's request and option, grant compensatory time, or
straight -time pay.
SECTION 8. In the event the Mayor closes all or part of City facilities or operations in
the case of emergency or for safety reasons, essential employees defined as employees
assigned to positions that provide 24 hour, 7 day a week coverage will continue to
maintain their normal work schedule, unless specifically released from duty by the Chief
of Police or his/her designee.
SECTION 9. Employees assigned to an alternative schedule shall be paid at the rate of
time and one-half (1.5) their regular rate of pay for hours worked in excess of their
regularly assigned schedule, provided at the beginning of the l3th hour of continuous
work, the employee shall be paid at the rate of two (2) times their regular rate of pay.
SECTION 10. - Shift Assignment Based on Seniority
Definitions:
"Seniority" shall be established based on each regular employee's most recent date of
hire as a Records Specialist. Employees hired on the same day shall be ranked by their -
placement on the Civil Service eligibility list.
"Probationary Employee" is an employee who has not yet completed their probation.
This includes any Employee whose probation has been extended due to performance
issues or missed work. Probationary Employees will not participate in the shift bidding
process but will be assigned to a shift by the Records Supervisor.
"Shift Assignment Period" There shall be three shift assignment periods per calendar
year. They will be February 1st through May 31st, June 1st through September 30th and
October 1st through January 31 st_
60
City of Tukwila- USW (2019-21)
"Seniority Bid" The assignment of shifts for the periods beginning on June 1st and on
October 1st of each year shall be based on the seniority of each Employee, with
preference given to those with the most seniority.
"Reverse Bid" The assignment of shifts for the period beginning on February 1st of each
year shall be based on the seniority of each Employee, with preference given to those
with the least seniority.
"Shift Assignment Responsibility" The Records Supervisor will be responsible for
managing the shift bidding and assignment procedure, under the direction of the Police
Records Manager.
Bidding Procedure:
The time frame for shift bidding for an upcoming cycle shall be determined and announce
by the City, and allow for sufficient lead time to accommodate training demands,
employee vacation and personal commitment planning, and budgetary considerations. It
is generally agreed that new Shift Assignments should be posted one month prior to the
transition to the new Shift Assignment Period.
The Records Supervisor will advise all Employees of the date that the bid process will
open for the upcoming Shift Assignment Period, and will prepare a list of open shifts.
During the Seniority Bid terms, the Records Specialist with the most seniority will have
first choice of the available shifts, and will indicate their shift bid by signing their name
in the open slot. The process of bidding will continue, by seniority, until the Records
Specialist with the least seniority makes their selection. During the Reverse Bid term,
the Records Specialist with the least seniority will start the bidding process. The process
of bidding will continue, by reverse seniority, until the Records Specialist with the most
seniority makes their selection.
Shift bids will be made in writing on a department approved shift list. Shift bidding by
proxy will be allowed as long as the bidding employee has submitted in advance, a signed
memo to the Records Supervisor listing their bid preference in order.
Each Employee is responsible for submitting their shift bid within the designated time
frame. Late submissions will not be honored, and any employee who does not submit
their bid within the assigned time frame will be assigned ashift.
Eligibility for shift bidding will be limited to Employees assigned, or who have been
notified that they will be assigned to the front office at the beginning of the Shift
Assignment Period. Probationary Employees are excluded from shift bidding.
Mutually agreed upon shift assignment exchanges are disruptive to the unit. Any two
Employees who negotiate a mutually agreed upon exchange in their shift assignments
may do so with the approval of the Police Records Manager, as long as no other
Employee was displaced from their shift bid preference by either of the Employees who
wish to exchange shifts.
Voluntary shift exchanges shall not result in any adverse scheduling, shift coverage, or
overtime.
City of Tukwila- USW (2019-21)
Assignment of Shifts:
The Records Supervisor will identify the shift assignments for each eligible Employee,
based on bidding preference and seniority. The Police Records Manager will review and
approve the assignments prior to final posting.
Management Assignment Rights:
Pursuant to Article 16, Section 4, the movement of Employees may be necessary due to
the reassignment of Employees to and from other assignments, unexpected absences of
significant duration, and/or for purposes of resolving operational or administrative
concerns. Should a position vacancy occur, the City will determine which shift, if any
will remain unfilled.
The Records Supervisor may, at management discretion, be exempt from the shift bid,
due to their administrative responsibilities.
Employees who are assigned to the Front Office after the close of shift bidding will be
assigned to shifts at the discretion of the City.
The City maintains the management right to shift assignment for Probationary
Employees. This includes the possibility that a non -probationary Employee may not be
assigned to a shift of their preference, which is filled instead by a Probationary
Employee.
The City shall have the discretion to reassign an Employee to another shift assignment
when, in the judgment of the City, the Employee's conduct, performance, productivity
and/or needed supervision dictate such assignment is in the best interests of the Tukwila
Police Department. Involuntary movement shall not occur without cause and shall be
subject to the grievance process.
The City maintains the right to assign an Employee to a specific shift or one of several
specific shifts in order to comply with current labor law to make a reasonable
accommodation under the American with Disabilities Act (ADA).
Nothing in the Agreement shall limit the City's Management Rights as spelled out in
Article 16 of the current labor contract. The City retains the right to determine a schedule
that will provide an adequate and efficient work force at all times.
Exemptions for Emergencies:
Pursuant to Article 16, Section 5, during the time of emergency, unusual occurrences,
civil disorder or natural disaster, the provisions of this Agreement may be suspended by
the City, and Employees may be assigned to duty without regard to Seniority. Seniority
provisions will be restored as soon as reasonably possible.
1 0
62
City of Tukwila- USW (2019-21)
ARTICLE 5 - SALARIES
SECTION 1. The Employer agrees to maintain salaries during the term of this
Agreement as set forth in Schedule A.
Effective January 1, 2019, a percentage wage increase of 3.24% shall be added to the
base wage schedule, provided that retroactive pay will apply only to employees
active and working on the Police Department payroll as of the date of signing by
both parties.
Effective January 1, 2020, All members of the bargaining unit shall receive a
cost of living adjustment equal to 90% of the Seattle -Tacoma -Bellevue
CPI-W (June to June).
Effective January 1, 2021 All members of the bargaining unit shall receive a cost
of living adjustment equal to 90% of the Seattle -Tacoma -Bellevue CPI-W
(June to June).
SECTION 2. This Agreement shall be opened for the purpose of negotiating salaries for
new classifications affecting employees in the bargaining unit. Such salaries shall
become effective upon the agreement of the parties. Nothing in this section shall
preclude the Employer from establishing new positions or classifications.
SECTION 3. A differential pay of one dollar and fifty -cents ($1.50) per hour above an employee's
regular pay scale shall be paid for all hours worked between the hours of 1700 - 0700 (5:00 p.m.
to 7:00 a.m.).
SECTION 4. Police Records Specialists assigned by the Chief of Police, or their
designee, the responsibility of training other Department personnel shall be paid a
differential pay of five percent (5%) (above their regular pay scale) for the hours the
Police Records Specialist is actually assigned by the Employer to train records staff as
part of their training program, or other Police Department staff in the front office or
evidence orientation as part of their field training program.
ARTICLE 6 - DEPARTMENT WORK RULES
SECTION 1. Notification of Changes. The Employer agrees to notify the Union in
advance of changes affecting working conditions of any employee covered by this
Agreement and a conference in good faith shall be held thereon before such changes are
placed in effect.
SECTION 2. Work Rotation. The rotation of personnel between shifts shall be to
provide an adequate and efficient workforce at all times, as determined by the Employer.
SECTION 3. Personnel File. The personnel files are the property of the Employer. The
Employer agrees that the contents of the personnel files, including the personal
photographs, shall be confidential and shall restrict the use of the information in the files
to internal use by the Police Department. This provision shall not restrict such
information from becoming subject to due process by any court of administrative
tribunal. It is further agreed that information may be released to outside groups subject to
1 1
63
City of Tukwila- USW (2019-21)
the approval of both the Employer and employee. Nothing in this section shall prevent an
employee from viewing their original personnel file in its entirety upon request. The
Chief of Police, or their designee, and City Administrator shall have access to the
individual personnel files in the normal course of their responsibilities. At the discretion
of the Chief of Police, or their designee, file material shall be released to another law
enforcement agency doing employment background upon proof of a signed release of the
individual in question.
Inspection of Papers. The application and examination papers of a certified eligible shall
be available for inspection by the appointing authority, the Chief of Police and the
affected employee. Such papers shall also be made available to the elected or appointed
officers of the Union at the request of the affected employee.
Employees shall have the right to review any and all items placed in their personnel file
and shall have the right to request of the Chief of Police that any complaint to be
withdrawn. In the event that such complaint is not withdrawn if such a request is made,
the employee may invoke the provisions of Article 17. Except that no material shall be
removed from the file during that period of time that the employee is specifically named
64
City of Tukwila- USW (2019-21)
in any civil litigation in their capacity as an employee which pre -dates or is relevant to
the litigation.
The Employer shall have the right to purge employee files from time to time as deemed
necessary, with all purged items being returned to the employee for their own disposition.
ARTICLE 7 - CLOTHING ALLOWANCE
SECTION 1. Uniformed Personnel shall receive a clothing allowance of $300.00 per
year.
Non -Uniformed personnel shall receive a clothing allowance of $350.00 per year.
Each new employee will receive the full amount specified at the time of hire. During
January of the year following hire, the new employee will receive a uniform allowance in
a pro -rated amount.
SECTION 2. The purpose of such allowance for Uniformed Personnel is to clean and/or
repair any equipment or clothing required by the Employer that is not furnished by the
Employer.
The purpose of such allowance for Non -Uniformed Personnel is to purchase, clean and/or
repair any Approved Business Attire.
The allowance shall be paid once annually to each employee on January 31 of the new
year, and is subject to a pro -rated deduction from the final pay check in the event an
employee does not serve the entire twelve (12) months for which such payment was made
with the exception of an employee who retires or expires, in which event no deduction
shall be made.
SECTION 3. Uniforms shall be replaced on a quartermaster system, as needed and as
.approved by the Employer.
The City shall issue and maintain, if required by the position, a uniform badge for each
non-commissioned new hire employee, to be maintained by the employee. The City shall
retain ownership of this item.
SECTION 4. In the event that the Employer should change the clothing that is required
by the Tukwila Police Department during the life of this Agreement, employees so
affected by such changes shall be reimbursed for the entire cost of one (1) issue of such
new clothing. Such reimbursement shall apply in the event that a change in clothing is
required for a continuous and full-time purpose. During a transition period to new
uniforms, the City and existing Union members shall work together on a suitable uniform
for the employee(s). The parties agree that employees under a quartermaster system shall
not be reimbursed for the cost of the uniform issued to the employee.
1 3
65
City of Tukwila- USW (2019-21)
SECTION 5. "One (1) issue" of new clothing shall be based on the clothing required for
the position. Records Specialist 1 jacket (lightweight) and 1 jacket (heavy weight). The
City will determine the style and specifications.:. Therefore, the primary duty attire for
each position covered by this Agreement is listed below:
Uniformed Personnel
Administrative Specialist
Service Transport Officer
Evidence Technician
Records Specialist (Assigned to Investigative Services Division)
Non -Uniformed Personnel -Approved Business Attire
Community Policing Coordinator
Police Information Analyst
Domestic Violence Victim Advocate
Patrol Administrative Assistant
"One (1) issue" of new clothing shall be defined as follows:
Records Specialist
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
4 pants
1 Lightweight Jacket
1 Heavyweight Jacket
Service Transport Officer
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
1 Uniform jacket
3 Pants
1 4
66
City of Tukwila- USW (2019-21)
2 Uniform ties of matching or coordinated color
1 Uniform Jumpsuit to a maximum of $350 (upon successful completion
of probation)
Evidence Technician
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
3 Pants (long or short)
1 Jacket
ARTICLE 8 - SICK LEAVE
SECTION 1. Employees shall be entitled to and awarded twenty-four (24) hours of sick
leave with pay upon date of employment with the Employer and, after the completion of
the third (3rd) month of continuous service, shall receive an additional eight (8) hours of
sick leave with pay per month up to a carryover of seven hundred twenty (720) hours.
SECTION 2. Family Sick Leave. Employees shall be allowed to use sick leave or
other paid leave to attend to the illness or serious health or emergency condition of
immediate family members (i.e. child, registered domestic partner, spouse, parent, parent -
in -law, grandparent of the employee.
SECTION 3. Separation of Employment. In the event an employee terminates their
employment, or such employment is terminated for any reason whatsoever with the
Employer prior to using their accumulated sick leave time, they shall be entitled to pay
equal to twenty-five percent (25%) of the amount payable for any unused sick leave
unless terminated during the probationary period.
SECTION 4. Part -Time Employees. Sick leave benefits for regular part-time employees
will be pro -rated, e.g. an employee regularly scheduled to work 30 hours per week will
receive 75% of sick leave benefits by regular full-time employees, i.e. employees
regularly scheduled to work 40 hours per week.
SECTION 5. Employee's who achieve and maintain a balance of 720 hours of sick
leave, those hours earned above the carryover accrual of 720 hours (96 hours a
calendar year) shall be cashed out at 25% of the total value and will be put into their
individual HRA/VEBA plan account, at the employees wage rate, each year of the
duration of the labor agreement.
The United Steelworkers Bargaining group members have elected by majority vote to
make a monthly contribution that will be payroll deducted from their wages on a monthly
basis as follows:
1 5
67
City of Tukwila- USW (2019-21)
• December 1, 2018 — November 30, 2019 = $25.00 per month
• Plan Year December 1, 2019 — November 30, 2020 = $50.00 per month
• Plan Year December 1, 2020 — November 30, 2021=$50.00 per month
It is agreed by both parties that the Plan design in its entirety shall be reviewed as needed,
but no more frequently than every three years.
SECTION 6. Employees assigned to an alternative schedule shall accrue sick leave
benefits at 8 hours per month.
ARTICLE 9 - HOLIDAYS
SECTION 1. Non -Essential employees as defined under Article 11 -Definitions, shall
observe the legal holidays designated by the Employer as listed below in accordance with
existing City policy.
Holidays Listed. The following are established as holidays:
January 1 New Year's Day
Third Monday in January Martin Luther King's Birthday
Third Monday in February President's Day
Last Monday in May Memorial Day
July4 Independence Day
First Monday In September Labor Day
1 Veteran's Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 25 Christmas
Employee's choice 2 Floating holidays -
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.
Method of Payment:
Unworked Holidays. Eligible employees shall receive the normal straight time pay for
unworked holidays taken in addition to their scheduled days off, those designated by City
ordinance, at their base rate in effect at the time the holidays occur, plus shift differential
pay, if applicable.
Unworked Holidays on Day Off. Employees shall receive eight hours holiday pay
for unworked holidays which fall on a normally scheduled day off.
Worked Holidays. Employees who are required to work on holidays in accordance
with existing City policy shall receive the pay due them for the above listed holidayplus
68
6
City of Tukwila- USW (2019-21)
time and one-half their base rate for all hours worked on such holiday, plus shift
differential, if applicable. For purposes of computing holiday pay, employees shall be
paid holiday pay for the shift that begins on the holiday.
To qualify for overtime pay on holidays worked, employees covered by this Agreement
must have been on the payroll prior to the holiday and on pay status the normal workday
before and the normal workday after the holiday.
Should a holiday occur while an employee is on vacation, the employee shall be allowed
to take one extra day of vacation with pay in lieu of that holiday as such, subject to the
Chief of Police, or their designee's approval.
SECTION 2. Part -Time Employees. Holidays for regular part-time employees will be
pro -rated, e.g. an employee regularly scheduled to work 30 hours per week will receive
75% of holiday benefits received by regular full-time employees, i.e. employees regularly
scheduled to work 40 hours per week.
Section 3. In order to set forth the holiday compensation for employees who work an
alternative work schedule (e.g. 4/10 or 9/80), the following shall apply:
Holidays -Regularly Scheduled Work Day -When a holiday is observed on the
employee's regularly scheduled work day, and the employee is given the day off, the
employee will be paid for eight (8) hours of Holiday Pay and use two hours of comp time
or vacation time when working a 4-10 schedule.
Holidays -Regularly Scheduled Day Off -When a holiday is observed on the
employee's regularly scheduled day off, the employee shall be paid eight (8) hours of
Holiday Straight Time.
Holidays -Full Work Day -When a holiday is observed on the employee's regularly
scheduled work day, and the employee works the entire shift, the employee shall be paid
Holiday Overtime for all regular hours worked.
Holidays -Partial Work Day -When a holiday is observed on the employee's regularly
scheduled work day, and the employee works a partial day, the employee shall be paid
Holiday Overtime for the hours worked and the remaining hours will be listed as Holiday
Pay hours.
ARTICLE 10 - EDUCATION ALLOWANCE AND
LONGEVITY PAY
SECTION 1. Education Incentive Pay. Any employee who has completed one (1)
year of service with the Tukwila Police Department and is holding an A.A. Degree or (2)
years of college (ninety credit hours) toward a Bachelor's Degree in an approved field of
study will be awarded an incentive pay allowance of 2% of the employee's base pay per
7
69
City of Tukwila- USW (2019-21)
month, which shall be adjusted by years of service with the City of Tukwila Police
Department pursuant to the Education/Longevity Chart set forth in Appendix "A",
Section 2.4
Any employee who has completed one (1) year of service with the Tukwila Police
Department and is holding a B.S. or B.A. Degree in an approved field of study will be
awarded an incentive pay allowance of 3% of the employee's base pay per month, which
shall be adjusted by years of service with the City of Tukwila Police Department pursuant
to the Education/Longevity Chart set forth in Appendix Al", Section 2.4
Any employee who has completed one (1) year of service with the Tukwila Police
Department and is holding a M.S. or M.A. in an approved field of study will be awarded
an incentive pay allowance of 4% of the employee's base pay per month, which shall be
adjusted by years of service with the City of Tukwila Police Department pursuant to the
Education/Longevity Chart set forth in Appendix "A", Section 2.4
Approved fields of study:
Law Enforcement
Sociology
Psychology
Public Administration
Business Administration
Political Science
Other work -related fields of study subject to the approval of the Chief of Police.
SECTION 2. Eligible employees must complete one (1) year of service with the
Tukwila Police Department before becoming eligible for any educational allowance.
SECTION 3. In Service Training Agreements. Employees who are provided long-
term training (in excess of four consecutive weeks) as a result of an assignment can be
required, as a condition of assignment, to enter into a reimbursement agreement for costs
of specialized training. Reimbursement would be computed based upon term of
agreement which shall not exceed twenty-four (24) months (i.e., 1124th per month on a
24- month contract). Training costs will be estimated at the time the contract is
presented. Actual repayment will be based on actual or estimated costs, whichever is
lower.
SECTION 4. Longevity Pay Allowance. For employees not participating in the
Education Incentive Plan above, the following longevity pay is available as shown in
Appendix "A", Section 2.4
After 5 years
After 10 years
After 15 years
After 20 years
2% per month
3% per month
4% per month
5% per month
70
1 8
City of Tukwila- USW (2019-21)
ARTICLE 11 -DEFINITIONS
Essential employee shall be defined as an employee assigned to positions that provide 24
hour, 7 day a week coverage. Non -Essential employee shall be defined as employees
assigned to other work schedules.
ARTICLE 12 - VACATIONS
SECTION 1. All employees will accrue vacation per pay period. Per pay period accruals
will be based on the current total annual accrual amount divided by 24 pay periods, as
illustrated in the following table:
YEAR
PAY PERIOD ACCRUAL
(HOURS)
ANNUAL ACCRUAL
(HOURS)
0-6 Months
0.00
48
7-12 Months
4.00
48
2
4.00
96
3
5.00
120
4
5.00
120
5
5.00
120
6
5.34
128
7
5.34
128
8
5.67
136
9
6.00
144
10
6.34
152
11
6.67
160
12
7.00
168
13
7.34
176
14
7.67
184
15
8.00
192
SECTION 2. Annual vacation shall be subject to the following rules:
A. The minimum vacation allowance to be taken by an employee shall be in one (1) hour
increments, unless approved for an amount less than (1) hour.
B. Vacations shall be granted at such times that are mutually agreeable to both the
Employer and employee.
C. Temporary or intermittent employees who leave the employment of the City and later
are re-employed shall, for the purpose of this Article, commence their actual service with
1 9
71
City of Tukwila- USW (2019-2021)
the date of re-employment. For the purpose of this Article, "actual service" shall be
determined in the same manner as for salary purposes.
D. Maximum hours accumulation of vacation time shall not exceed that which is equal to
two (2) years total at the highest eligible rate.
E. On the death of an employee in active service, pay will be allowed for any vacation
not taken prior to the death of such employee.
F. An employee granted an extended leave of absence, which includes the next
succeeding calendar year, shall be given pro -rated vacation earned in the current year
before being separated from the payroll.
SECTION 3. Any City of Tukwila employee that is hired for a position covered by this
Agreement will transfer their previously accrued vacation balance to their new position.
SECTION 4. Part -Time Employees. Vacation leave benefits for regular part-time
employees will be pro -rated, e.g. an employee scheduled to work 30 hours per week will
receive 75% of vacation leave benefits received of regular full-time employees, i.e.,
employees regularly scheduled for 40 hours per week.
SECTION 5. Employees assigned to an alternative schedule shall accrue vacation leave
benefits at 8 hours per month.
ARTICLE 13 - PENSIONS
Pension benefits shall be received in accordance with the Public Employees Retirement
System (PERS) and the Public Safety Employees Retirement System (PSERS) as
currently in effect.
ARTICLE 14 - INSURANCE
SECTION 1. Medical Insurance
A. Medical Insurance - Except as otherwise provided in this Article, the Employer shall
contribute the premiums necessary to purchase medical care insurance for all full-time
employees and their dependents under the City of Tukwila's Self -Insured Medical Plan.
(Note: AWC plan A no longer exists).
B. Kaiser-Permanente - For employees who elect medical coverage through Kaiser-
Permanente, the Employer shall pay up to the maximum dollar amount contribution of
the Self -Insured Plan for employee and dependent coverage. Any premium amounts in
excess of the Employer's contribution shall be paid by the employee through payroll
72
City of Tukwila - USW (2019-21)
deduction. Coverage under the Kaiser-Permanente Plan shall be as determined by
Kaiser-Permanente.
C. Premium Cost Increases. The Employer shall continue to pay the premium cost
increases for medical coverage under the Self -Insured Medical Plan up to a maximum
increase of eight percent (8%) as part of the economic package. In the event the monthly
premiums increase more than the agreed upon maximum 8% percent in a year, the
Employer or the Union have the right to reopen the Agreement to negotiate changes in
the Self -Insured Medical Plan benefit levels so that the increase in premium costs does
not exceed the maximum increase agreed upon for that year. The following plan design
changes shall be effective January 1, 2018: 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.
D. The Union agrees to participate on the City of Tukwila Healthcare Management
Committee, if constituted. The members of the Healthcare Management Committee shall
meet with City management and shall discuss and negotiate among the voting members
on recommendations to the City with regard to changes in the Self -Insured Medical Plan
benefit levels so that the increase in premium costs do not exceed eight percent (8%).
SECTION 2. Dental. Dental Coverage will be maintained for all employees and their
dependents during the term of this Agreement under the City of Tukwila Self -Insured
Dental Plan, or its replacement. All employees under this Agreement shall be required to
participate. The cost for such plan will be borne on the following basis: the Employer
will contribute one hundred percent (100%) of the total premium for this coverage.
(AWC WDS Plan A no longer exists)
SECTION 3. Optical Plan. Examination and eye glasses/contact lenses for all
employees and dependents covered under this Agreement will be paid for by the
Employer. The City shall provide coverage for eye examinations, vision, and optical care
to regular full-time employees and their dependents at the rate of $250 per person, to a
maximum of $500 per family unit, per year.
SECTION 4. Life Insurance. The Employer shall pay one hundred percent (100%) of
the total premiums of all life insurance of the benefits of the employee covered under this
Agreement. The face value of said insurance policy shall be $25,000 and shall include
$25,000 dismemberment clause.
SECTION 5. Disability Insurance. The Employer will pay the premiums for the Long
Term Disability (LTD) benefits plan provided by the Employer for bargaining unit
employees during the term of the Agreement.
SECTION 6. The City retains the right to select all insurance carriers or to self -insure
coverage as provided herein.
2 Reference: Stephanie Brown, HR Director, email dated January 9, 2017
2 1
73
City of Tukwila - USW (2019-21)
SECTION 7. Part -Time Employees. Insurance benefits for regular part-time
employees will be pro -rated, e.g. an employee regularly scheduled to work 30 hours per
week will receive 75% of insurance benefits received by regular full-time employees, i.e.
employees regularly scheduled to work 40 hours per week.
Section 8. "Domestic partner" -The City will extend dependent eligibility to an
employee's domestic partner and their dependent children, under the City's medical plans
(Self-Insured/Group Health). 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.
ARTICLE 15 - DISCIPLINARY PROCEDURES
SECTION 1. The Employer retains the right to adopt rules for the operation of the
Tukwila Police Department and the conduct of its employees, provided that such rules do
not conflict with City Ordinances, City and State Civil Service Rules and regulations as
they exist or any provision of this Agreement. It is agreed that the Employer has the right
to discipline, suspend or discharge any employees subject to the provisions published as
Administrative Policy, City Ordinances, City and State Civil Service Rules and
Regulations as they exist, and the terms of this Agreement.
SECTION 2. The following procedures shall apply to all employees during the
complaint and disciplinary process.
A "disciplinary interview" shall mean questioning by a person in authority over an
employee when the interviewer either knows or reasonably should know that the
questioning concerns a matter that could lead to suspension, demotion or termination, as
opposed to routine inquiries.
Every employee who becomes the subject of a disciplinary interview shall be advised, in
writing, a minimum of 48 hours prior to the time of the interview:,
That they are suspected of misconduct that could be grounds for termination, suspension
or demotion;
That they have the right to Union representation during the interview; and,
The general scope of the interview including the nature of the investigation in sufficient
detail.
Any employee who becomes the subject of a criminal investigation may have legal
Counsel present during all interviews. Nothing in this Agreement, however, shall be
deemed a waiver of an employee's right to Union representation. A criminal
investigation as used herein shall be interpreted as any action that could result in the
filing of a criminal charge.
74
City of Tukwila - USW (2019-21)
In criminal matters, employees will either be ordered to answer questions or informed
that they are not required to answer the Employer's questions as a condition of
employment.
Employees shall be informed, in writing, as to whether they are witnesses or suspects
before any interview commences.
The employee or Employer may request that a disciplinary interview be recorded, either
mechanically or by a stenographer. There can be no "off the record" questions. Upon
request of the employee, the Employer shall provide an exact copy of any written
statement the employee has made and a copy of the employee's taped/transcribed
interview.
Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In all disciplinary interviews, the
employee shall be afforded an opportunity and facilities to consult privately with an
attorney of their own choosing, before being interviewed. Such opportunity to contact
and consult privately with a private attorney shall not unduly delay the disciplinary
interview. The employee shall be entitled to such reasonable intermissions, as they shall
request for personal necessities, meals, telephone calls and rest periods. The employee
may be represented by either a private attorney or the Union during the interview, but not
both.
All disciplinary interviews shall be limited in scope to activities, circumstances or events
that pertain to the employee's conduct or acts that may form the factual basis for
disciplinary action under one or more categories named above.
The employee will not be threatened with dismissal or other disciplinary punishment in
an attempt to obtain their resignation, nor shall they be subjected to abusive or offensive
language or intimidation in any manner. No promises or rewards shall be made as an
inducement to answer questions.
No employee shall be required to unwillingly submit to a polygraph test.
The investigation shall be completed in a reasonable amount of time in light of the
circumstances and the discipline shall be imposed within a reasonable amount of time
after the conclusion of the interview
Should any section, sub -section, paragraph, sentence, clause or phrase in this article be
declared unconstitutional or invalid, for any reason, such decision shall not affect the
validity of the remaining portions of this article.
23
75
City of Tukwila - USW (201 9 - 2 1 )
ARTICLE 16 - MANAGEMENT RIGHTS
SECTION 1. The Union recognizes the prerogatives of the Employer to operate and
manage its affairs in accordance with its responsibilities and powers of authority.
SECTION 2. The Employer has the right to schedule overtime work as required in a
manner most advantageous to the Department and consistent with requirements of
municipal employment and the public safety.
SECTION 3. It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described.
SECTION 4. The Employer reserves the right to discharge or discipline an employee for
just cause. The Employer reserves the right to lay off personnel for lack of work or
funds, or for the occurrence of conditions beyond the control of the Employer, or when
such continuation of work would be wasteful and unproductive. The Employer shall
have the right to determine reasonable schedules of work and to establish the methods
and processes by which such work is performed in accordance with Article IV of this
Agreement.
Should the City decide that it is necessary to make changes in the normal work schedule
(5/2, 4/10, 9/80), the City will submit the proposed change and reasons therefore to the
local Union prior to the implementation of such change. The Union committee will not
arbitrarily object to such change. In the event the City implements the schedule change
over the objection of the Union committee and employees affected, the Union shall retain
the right to submit its objections and reasons therefore to the Grievance Procedure,
Article 17, as to the necessity for such change.
SECTION 5. No polices or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on City
Officials as defined in the following:
The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for
enforcing the laws of the State and the City, passing upon Ordinances adopted by the City
Council, recommending an annual budget, or directing the proper performance of all
executive departments.
The responsibility of the City Council for the enactment of Ordinances, the appropriation
of monies and final determination of employee's compensation.
The responsibility of the Civil Service Commission, as provided by ordinance, for
establishing rules, certifying registers and the reviewing of appointments in the police
service.
The responsibility of the Chief of Police and their delegates governed by Ordinance, Civil
Service rules and Departmental rules, and as provided for in this Agreement, as follows:
76
City of Tukwila - USW (2019-21)
To recruit, assign, provide training, transfer, or promote members to positions within the
Department.
To take disciplinary action against members for just cause.
To relieve members from duties because of lack of work, lack of funds or for disciplinary
reasons.
To determine methods, means, and personnel necessary for Tukwila Police Department
operations.
To control the Tukwila Police Department budget.
To take whatever actions are necessary in emergencies in order to assure the proper
functioning of the Tukwila Police Department.
Except as provided by this Article or elsewhere in this Agreement, the Union retains the
right to bargain the impacts of management decisions on wages, hours and/or working
conditions within the meaning of RCW 41.56.
ARTICLE 17-GRIEVANCE PROCEDURE
A "grievance" means a claim or dispute by an employee with respect to the interpretation
or application of the provisions of this Agreement. It is specifically understood that any
matters governed by Civil Service Rules or statutory provisions shall not be considered
grievances and subject to the grievance procedure hereinafter set forth (except Union
security provisions, which shall be governed by Article 20).
Issues of interpretation or application of the provisions of this Agreement not appealable
to the Civil Service Commission shall be processed through the grievance procedure and
shall constitute a waiver of the right to address the same issue in any other forum.
NOTE: For the purpose of this Article, "working days" refers to Monday through Friday,
excluding holidays. (Housekeeping - moved existing language to here)
Step 1: An employee or Union must present a grievance in sufficient detail as to
identify the claim or dispute within(10) working 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 five (5) working days after it is presented to the
Supervisor. If the supervisor is unable to resolve the grievance, the supervisor will
provide a response in writing.
Step 2: If the employee is not satisfied with the solution of their immediate
supervisor, and elects to proceed forward, then the grievance committee shall present a
written grievance to the Senior Manager within five (5) working days of receipt of the
25
77
City of Tukwila - USW (2019-21)
supervisor's written response. The grievance shall include section(s) of Agreement
allegedly violated, facts of the case, and remedy sought. The Senior Manager shall
attempt to resolve he grievance within five (5) working days after it is presented to
him/her and will provide a written response.
Step 3: If the employee is not satisfied with the solution by the Senior
Manager, the written grievance, along with all other pertinent materials, may be
presented to the Police Chief or their designee by the Union President or their designee
within then (10) working days. The Police Chief or their designee shall attempt to
resolve the grievance within ten (10) working days after it is presented to them.
Step 4: If the employee is not satisfied with the solution by the Chief of Police,
the written grievance, along with all other pertinent materials, may be presented to the
Mayor or their designee by the Union President or their designee within ten (10)
working days. Within ten (10) working days of said notice, the USW Staff
Representative, or their designee, and the Mayor or designee shall schedule a meeting to
discuss and attempt to resolve the grievance. The Mayor or their designee shall attempt
to the USW Staff Representative within ten (10) working days of said meeting.
Step 5: If the grievance is not resolved by the Mayor, or their designee, and the
Union desires to proceed further, the grievance shall be referred to arbitration. In any
case, the Union shall notify the City, in writing, within fifteen (15) working days after
receiving the Mayor's answer whether the Union desires to proceed further. Any appeal
of a grievance to arbitration not made in writing by the Union within fifteen (15) working
days after the Mayor's, or their designee's answer shall be considered resolved.
Step 6: In the event that arbitration is invoked, and if within five (5) calendar
days the Employer and the Union cannot mutually agree upon an arbitrator, then the
parties will choose from the following list of individuals who are qualified to act as
arbitrators and the parties hereto shall mutually agree upon one (1) arbitrator for the
dispute.
•Michael Cavanaugh
Alan Krebs
Howell Lankford
Joe Duffy
Mark Brennan
In the event one or more of the listed arbitrators are unable to serve, the parties will meet
to select a mutually acceptable replacement.
If the parties cannot agree on the selection of a single arbitrator from the names listed
above, then each party shall strike from that list one (1) name until there is only one (1)
name remaining on the list, and this individual shall constitute the arbitrator.
78
City of Tukwila - USW (2019-21)
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 render their decision based on
the interpretation and application of the provisions of the Agreement within thirty (30)
calendar days after such hearing. The decision shall be in writing together with specific
facts. The decision shall be final and binding upon the parties to the grievance.
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 arbitrator's decision shall
be final and binding upon the parties to the grievance. The City, the 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.
Expenses incurred by the arbitrator shall be paid equally by both parties. Otherwise, each
party shall be responsible for paying any costs of presenting its own case, including
attorneys' fees and witnesses.
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.
The City of Tukwila and the Union agree that employment shall be consistent with
applicable State and Federal laws regarding discrimination.
If a grievance is not presented by the employee or the Union within the time limits set
forth above, it shall be considered "waived" and not be further pursued by the employee
or the Union. Time limits may be extended by mutual agreement of both parties. The
party requiring additional time shall specify in writing the extension period needed. If a
grievance is not appealed to the next step within the specific time limit or any agreed
upon extension thereof, it shall be considered settled on the basis of the City's last
answer.
If the City does not answer a grievance or an appeal thereof within the specified time
limits, the aggrieved employee and/or Union may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the next step. The term "employee" for
the purpose of this Article may mean the employee accompanied by their Union
representative if they so desire.
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.
27
79
City of Tukwila - USW (2019-21)
ARTICLE 18 - NO STRIKE AND NO LOCKOUT
SECTION I. 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."
SECTION 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
I .
SECTION 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 19 - LEAVES
SECTION I. Discretionary Leaves. The City may, at its sole discretion, grant a leave of
absence under this subsection, except for illness, injury, or pregnancy, to any bargaining
unit employee for good and sufficient reason. The City shall, at its sole discretion, set the
terms and conditions of the leave, including whether or not the leave is to be with pay.
SECTION 2. Military Leave. Military leave shall be granted in accordance with
applicable law.
SECTION 3. Jury Leave. Full-time employees covered by this Agreement who are
required to serve on a jury shall sign their jury duty checks over to the City. The City .
shall compensate such employees at their regular rate of pay, for each hour actually spent
on jury duty up to the number of hours regularly scheduled on that work day.
SECTION 4. Bereavement 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 hours of leave of absence with pay.
The employee will give as much notice as possible in proximity to the event. 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 #02-02-14), brother, 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).
80
City of Tukwila - USW (2019-21)
SECTION 5. Employment Elsewhere. A leave of absence will not be granted to enable
an employee to try for or accept employment elsewhere or for self-employment without
the expressed written consent of the Chief of Police.
SECTION 6. Part -Time Employees. Leaves benefits for regular part-time employees
will be pro -rated, e.g. an employee regularly scheduled to work 30 hours per week will
receive 75% of leaves benefits received by regular full-time employees, i.e.
employees regularly scheduled to work 40 hours per week.
ARTICLE 20 - SAVINGS CLAUSE
SECTION 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.
SECTION 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.
ARTICLE 21 - ENTIRE AGREEMENT
SECTION 1. The Agreement expressed herein in writing constitutes the entire
Agreement between the parties, and no oral statements, customs or past practices that
have not been adopted in writing and agreed upon shall add to or supersede any of its
provisions.
SECTION 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, 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.
29
81
City of Tukwila - USW (2019-21)
ARTICLE22-SAFETY
The Union and the City agree that the physical fitness of Union members is important to
their health and safety. The City and the Union will both support and encourage
employees to be physically active and to be involved in a personal program of regular
exercise.
ARTICLE23
DURATION OF AGREEMENT
Unless otherwise provided herein, this Agreement shall become effective on January 1,
2019. It shall remain in force until December 31, 2021.
When there is a conflict between any collective bargaining agreement reached by an
employer and a bargaining representative on a Union security provision and any charter,
ordinance, rule or regulation adopted by the public employer or its agents, including but
not limited to a civil service commission, the terms of the collective bargaining
Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have set their hands.
Approved this day of , 2019
82
City of Tukwila - USW (2019-21)
FOR THE EMPLOYER
CITY OF TUKWILA
Allan Ekberg, Mayor
FOR THE UNION
United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial
and Service Workers International Union, on
behalf of Local 9241-04
Leo W. Gerard, International President
Stanley Johnson, Int'1 Secretary/Treasurer
Thomas M Conway, International Vice President
(Administration)
Fred Redmond, International Vice President
(Human Affairs)
Robert LaVenture, Director, District 12
Gaylan Z. Prescott, Sub -District Director
Ryan M. Meyhoff, Staff Representative
Jonathan Long, Unit -Chair — Local 9241
3 1
83
City of Tukwila - USW (2019-21)
SCHEDULE "A" - WAGE SCHEDULES
POLICE NON-COMMISSIONED AGREEMENT
UNITED STEELWORKERS
AND
THE CITY OF TUKWILA
SECTION 2.1 - 2019 Wages*
January 1, 2019: A 3.24% wage increase shall be added to the 2018 base wages:
Wage Steps
2019
Hourly
Records/Probation
00-12 mo
4212
24.30
Records/Specialist III
13-24 mo
4417
25.48
Records/Specialist II
25-36 mo
4635
26.74
Records/Specialist I
37-48 mo
4860
28.04
Records/Specialist
49+ mo
5209
30.06
Lead Records/Probation
00-12 mo
4654
26.85
Lead Records/Specialist III
13-24 mo
4883
28.17
Lead Records/Specialist II
25-36 mo
5127
29.58
Lead Records/Specialist I
37-48 mo
5377
31.02
Lead Records/Specialist
49+ mo
5752
33.18
Police Support Officer/Probation
00-12 mo
4895
28.24
PSO III
13-24 mo
5143
29.67
PSO II
25-36 mo
5399
31.15
PSO I
37-48 mo
5668
32.70
PSO
49+ mo
5814
33.55
Evidence Tech/Probation
00-12 mo
4895
28.24
Evidence/Tech III
13-24 mo
5143
29.67
Evidence Tech II
25-36 mo
5399
31.15
Evidence Tech I
37-48 mo
5668
32.70
Evidence Tech
49+ mo
5883
33.94
Community Policing/Probation
00-12 mo
6280
36.23
CPC III
13-24 mo
6591
38.02
CPC II
25-36 mo
6920
39.92
CPC I
37+ mo
7267
41.93
Police Info Analyst/Probation
00-12 mo
5548
32.01
PIA III
13-24 mo
5702
32.90
PIA II
25-36 mo
6118
35.30
PIA I
37+ mo
6820
39.35
DV Advocate/Probation
00-12 mo
4941
28.51
DV Advocate III
13-24 mo
5189
29.94
DV Advocate II
25-36 mo
5450
31.44
DV Advocate I
37-48 mo
5721
33.00
DV Advocate
49+ mo
6135
35.39
Support Operations Administrative
Specialist/Probation
00-12 mo
4655
26.86
SOAS III
13-24 mo
4888
28.20
SOAS II
25-36 mo
5134
29.62
SOAS I
37-48 mo
5388
31.09
SOAS
49+ mo
5659
32.65
84
City of Tukwila - USW (2019-21)
Patrol Admin Assistant/Probation
00-12 mo
4265
24.61
PAA III
13-24 mo
4478
25.83
PAA II
25-36 mo
4702
27.12
PAA I
37-48 mo
4937
28.48
PAA
49+ mo
5216
30.09
*The parties agree that retroactive pay adjustments for2019 shall be paid only to Union
members who are employed by the City of Tukwila Police Department (TPD) on the
date of signing by both parties.
33
85
City of Tukwila - USW (2019-21)
SECTION 2.2 - 2020 Wages
January 1, 2020: A 1.53% wage increase shall be added to the 2019 base wages:
Wage Steps
2020
Hourly
Records/Probation
00-12 mo
4277
24.67
Records/Specialist III
13-24 mo
4484
25.87
Records/Specialist II
25-36 mo
4706
27.15
Records/Specialist I
37-48 mo
4934
28.47
Records/Specialist
49+ mo
5289
30.52
Lead Records/Probation
00-12 mo
4725
27.26
Lead Records/Specialist III
13-24 mo
4958
28.60
Lead Records/Specialist II
25-36 mo
5205
30.03
Lead Records/Specialist I
37-48 mo
5459
31.49
Lead Records/Specialist
49+ mo
5839
33.69
Police Support Officer/Probation
00-12 mo
4969
28.67
PSO III
13-24 mo
5222
30.13
PSO II
25-36 mo
5482
31.63
PSO I
37-48 mo
5755
33.20
PSO
49+ mo
5903
34.06
Evidence Tech/Probation
00-12 mo
4969
28.67
Evidence/Tech III
13-24 mo
5222
30.13
Evidence Tech II
25-36 mo
5482
31.63
Evidence Tech I
37-48 mo
5755
33.20
Evidence Tech
49+ mo
5973
34.46
Community Policing/Probation
00-12 mo
6376
36.79
CPC III
13-24 mo
6692
38.61
CPC II
25-36 mo
7026
40.54
CPC I
37+ mo
7378
42.57
Police Info Analyst/Probation
00-12 mo
5633
32.50
PIA III
13-24 mo
5789
33.40
35.84
PIA II
25-36 mo
6212
PIA I
37+ mo
6924
39.95
DV Advocate/Probation
00-12 mo
5017
28.94
DV Advocate III
13-24 mo
5268
30.39
DV Advocate II
25-36 mo
5533
31.92
DV Advocate I
37-48 mo
5808
33.51
DV Advocate
49+ mo
6228
35.93
Support Operations
Administrative
Specialist/Probation
00-12 mo
4726
27.27
SOAS III
13-24 mo
4963
28.63
SOAS II
25-36 mo
5213
30.07
SOAS I
37-48 mo
5471
31.56
SOAS
49 + mo
5745
33.15
Patrol Admin Assistant/Probation
00-12 mo
4330
24.98
PAA III
13-24 mo
4546
26.23
PAA II
25-36 mo
4773
27.54
PAA I
37-48 mo
5012
28.92
PAA
49+ mo
5295
30.55
86
City of Tukwila - USW (2019-21)
SECTION 2.3 - 2021 Wages
Effective January 1, 2021, a wage increase equal to 90% of the Seattle -Tacoma -Bellevue
CPI-W (June to June) shall be added to the 2020 base wages:
SECTION 2.4 Education Incentive/Longevity Pay Chart
Reference Article 10.
0-1
Year
1Year
2years
3Years
5Years
10
Years
15
Years
20
Years
No
Degree
0
0
0
0
2%
3%
4%
5%
AA/AS
0
2%
2%
2%
3%
4%
5%
5%
BA/BS
0
3%
3%
3%
4%
5%
5%
5%
MA
0
4%
4%
4%
5%
5%
5%
5%
35
87