HomeMy WebLinkAboutReg 2019-11-18 Item 6A - Labor Agreements - 2020-2022 Collective Bargaining Agreements with Teamsters Local 763 (Administrative/Technical, Maintenance/Trades & Professional/Supervisory Employees and Senior Program Managers)Y
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ITEM NO.
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JUAN PADILLA
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T'I'lNi Ti,ri,r, Teamsters' Local 763 Labor Agreement Contracts 2020-2022
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SPONS0R'S Consideration and approval of the Teamsters' labor agreement contracts 2020-2022.
SUNI'MAItY
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RECOMMENDATIONS:
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Fund Il Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
I
�MTG.DATE
ATTACHMENTS
11/18/19
Informational memorandum dated 11/13/19
Labor agreements with Teamsters' Local 763 bargaining groups
171
172
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Juan Padilla, Human Resources Director
CC: Mayor Ekberg
DATE: November 13, 2019
SUBJECT: Teamsters' Local 763 Labor Agreements 2020-2022
ISSUE
Consideration and approval of the Teamsters' labor agreements 2020-2022.
BACKGROUND
The current labor agreements with Teamsters' Local 763 expire on December 31, 2019.The City
and Union have reached a tentative three-year agreement on successor agreements for 2020-
2022.
DISCUSSION
The City and the Union have agreed to a wage increase equal to 90% CPI-W (June to June) for
2020, 2021, and 2022. In addition, the City and Union have agreed to conduct a market
compensation study for the Administrative/Technical bargaining unit and positions within this
unit found to be under market will be brought to market retro-active to January 1, 2019.
It was also agreed that market compensation studies for the Professional/Supervisory,
Maintenance/Trades, and Senior Program Mangers bargaining units will be conducted and
positions within those units found to be under market will be brought to market retro-active to
January 1, 2021. The contract has been voted and passed unanimously by the Union members.
RECOMMENDATION
The Council is being asked to consider and approve the contracts at the November 18, 2019,
regular meeting.
ATTACHMENTS
Teamsters' Labor Agreements 2020-2022:
Administrative/Technical
Maintenance/Trades
Professional/Supervisory
Senior Program Managers
173
174
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
175
AGREEMENT
bvand between
CITY OFTUKWLA.VVASH|NGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 7G3
(Representing the Administrative/Technical Employees)
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLEDEFINITIONS .................................... ................................................................................. 3
ARTICLEIV HOURS <]FWORK ............................................................................... ............................. o
ARTICLEOVERTIME AND CALLBACK .............................. ....... ..................................... ................ 5
COMMONCLAUSES ................... —...................... ...... ............................. ............................................. 7
ART|CLEU
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................
7
ARTICLE III
UNION RIGHTS AND NON-DISCR|yW|NATION ......... .......................................................
8
ARTICLEVI
MONTHLY SALARIES ...................................... .................................................................
8
ART|CLEV1|
WORKING OUT [)FCLASSIFICATION .............................................................................
3
ART)CLE\4U
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES .................................
Q
ARTICLEIX
HOLIDAYS ................. ......................... ............. ..............................................................
12
ARTICLE
LEAVES ...... .....................................................................................................................
3
ARTICLE}0
HEALTH INSURANCE ............................................................ .................................
....... 1G
ART|CLEX1|
MISCELLANEOUS ............................................................................................................
18
ART|CLEX]U
PERFORMANCE OFDUTY ........ .......................... .................... —.............. ................
21
ART}CLE}(K/
MAINTENANCE OF STANOARDS—.............................. ................................................
21
ART|{}LEXV
MANAGEMENT RIGHTS .............................................................. ...................................
21
ART|CLEXV|
WARNING NOTICE ........................................................................................... ..............
42
ART|CLEXV||
GRIEVANCE PROCEDURE .............................................................................................
22
ARTICLEXV|U
SEPARABILITY .................................................................. .............................................
23
ART|CUEX0(
DURATION ................................................... ..................... .............................................
24
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OFPAY ......... ...........................................
25
LETTER OFAGREEMENT - THREE QUARTER TIME EMPLOYEES .......... .................. --..............
.... 3U
LETTER {}FAGREEMENT - HALF-TIME NINE MONTH EMPLOYEES ........ ..........................................
32
MEMORANDUM {JFUNDERSTANDING -WORKING OUT C)FCLASSIFICATION .... ............................
34
176
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the Finance Department, City Clerks Office,
Office of Community Development (Planning Division and Building Division), Information
Technology, Public Works Department, Parks and Recreation Department, Fire
Department and Municipal Court, as listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1 A "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 Notwithstanding the provisions of Section 1.1.5 of the Labor Agreement, the Employer may
employ temporary Recreation Leaders in excess of one thousand forty (1040) hours in a
twelve (12) consecutive month period, provided that:
1.1.6.1 In no event shall the total hours worked by such employee in a twelve (12) consecutive
monthly period exceed one thousand three hundred (1300) hours.
1.1.6.2 The reason the employee exceeded the one thousand forty (1040) hour threshold was due
to a short period of full-time employment in the specific program for which the employee
was originally hired.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 3
177
1.1.6.3 Such employee is a bona fide high school or college student.
1.1.7 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.7.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173.33. (For example, an employee with a base monthly
salary of $1,733.30 would be paid a straight -time rate of pay of $10.00 per hour).
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular full-time employees shall be comprised of four
(4) consecutive days of ten (10) consecutive hours of work (excluding the meal period)
totaling forty (40) hours and three (3) consecutive days off as determined by the
department head or
4.1.1 The workweek for regular full-time employees shall be comprised of five (5) consecutive
days of eight (8) consecutive hours of work (excluding the meal period) totaling forty (40)
hours and two (2) consecutive days off as determined by the department head, or
4.1.2 The workweek for regular full-time employees shall be comprised of one week of five (5)
consecutive days. All but one of those days shall be at nine (9) consecutive hours of work
(excluding the meal period) with one day comprised of eight (8) consecutive hours totaling
forty (40) hours for the FLSA work week and two (2) consecutive days off as determined
by the department head. The following week shall be comprised of four consecutive days
comprised at nine (9) hours totaling forty (40) hours for the FLSA work week and three (3)
consecutive days off as determined by the department head.
4.1.3 Employees at the golf course pro shop, at least one day off shall be a Saturday or Sunday.
4.2 Starting Times - Each employee shall be assigned a regular starting time which shall not
be changed without thirty-six (36) hours written notice, except in the case of civil disorder
or natural disaster' and, if during this thirty-six (36) hour period an employee is deployed
from an on -call, call -out or availability list, then Article 5.3 (Callback) shall apply. In the
event an employee's regular starting time is changed without thirty-six (36) hours written
notice, he shall be paid in accordance with the provisions of Article V, Section 5.1 or 5.1.1,
Overtime, for all hours worked outside of the employee's normal work schedule. Temporary
work schedule changes may be made without notice to cover essential functions in case
of emergencies officially declared by the Governor of the State of Washington or the King
County Executive.
4.2.1 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 4
;
4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime - All work performed in excess of the work schedule as established pursuant to
Section 4.1 shall constitute overtime and shall be paid for at one and one-half (1-1/2) times
the employee's regular straight -time hourly rate of pay for the first four (4) hours of
overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the
employee's regular straight -time hourly rate of pay, Scheduled overtime on the employee's
normally scheduled day off shall be paid at one and one-half (1-1/2) times the employee's
regular straight -time hourly rate of pay for the first eight (8) hours. Hours worked in excess
of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's
regular straight -time hourly rate of pay.
5.1.1 Overtime shall be paid in increments of fifteen (15) minutes with the major portion of fifteen
(15) minutes being paid as fifteen (15) minutes.
5.1.2 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Department Director, or designee, and shall be banked at the rate earned pursuant to
Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours
of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) hours at one and one half (1-1/2)
times his regular straight -time hourly rate of pay. Should the employee's regular shift start
less than two (2) hours from the time he started work on the callback, he shall receive one
and one-half (1-1/2) times his regular straight -time hourly rate of pay only for such time as
occurs before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.2.1.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 5
[W
5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
hours, and assistance is provided by the employee, the employee shall be paid overtime
for a minimum of fifteen (15) minutes or actual time required to handle Employer business,
but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.3 (Callback).
5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast ........................ between the hours of 12:00 a.m. and 8:00 a.m.
Lunch .............................. between the hours of 8:01 a.m. and 4:00 p.m.
Dinner ............................. between the hours of 4:01 p.m. and 11:59 p.m.
5.5.1 Whenever an employee is authorized to work on a non-scheduled overtime basis (i.e.
overtime due to an emergency or call -in) he shall be provided with a meal or reimbursement
in accordance with the provisions of Section 5.4 above if the hours worked exceed five
hours. In such instances, employees shall receive an additional meal reimbursement for
every five (5) hours in excess of the initial five (5) hour period.
5.6 Standby Duty Allowance - An employee who is required to be available and subject to call
shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
to callback situations, without restrictions or impairments.
5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated
in accordance with Section 5.4 above. in the event of a callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel to respond to such callout.
5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those
bargaining unit employees who have passed probation, have at least one year of
experience in the assigned work, and have designated their preference to work standby
duty. Each employee may designate his weekend preference prior to the standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the Department Head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four (24) hours notice due to an emergency, with the approval of the Department
Head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected.
5.6.3 The Employer shall retain the right to determine standby assignments.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 6
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE 11 RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
AGREEMENT 2020 - 2022
CITY OF TUKINILA (Administrative and Technical)
PAGE 7
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 8
i
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
newjob classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD LAYOFF RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 9
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 10
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 11
ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11 th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 12
ARTICLE X LEAVES
10.1 Vacation Leave - Each employee ehuU. after six GB nnanUle continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
inaccordance with their accumulated continuous service. Article 8.
1011 Avooahon cannot be taken until after the completion ofsix (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day ofthat
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion ofthe employee's
original probation, 48-hours of vacation ohe|| be placed into the employees vacation
allotment. Additional annual leave shall accrue per pay period on the employee's
anniversary date inaccordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may. Uherefore, take o maximum of two C2> vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit ahoU be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 1Q2and 3O4.
101.4 Upon resignation from City employment, an employee shall be paid cash aLthe normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee iaprevented byinjury oriUneeshomworkingefu||month.thoyshaUnoverthe|eoa
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient hocover the remaining days ofthe month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need oftheir continuous
aen/imso or because of seasonal demand thereof, such omp|oyoe, with approval of the
head oftheir department, may beallowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time aashall beapproved bythe head ofthe department.
AGREEMENT 202O'2U2o
CITY OFTVKVvL*(Administrative and Technical)
PxsE13
10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1 st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRANEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates 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. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 14
10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.6 HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren,
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
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WE
10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in Article VIII.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 16
•s]
11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance -The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rats
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010,
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
AGREEMENT 2020 - 2022
CITY OF TUI WILA (Administrative and Technical)
PAGE 17
11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
a. The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
AGREEMENT 2020 - 2022
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Traininq - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
AGREEMENT 2020 - 2022
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Gm
12.5.2 The Police Records Supervisor ahaUneooiveacloUlinga|lowanoeinUhaamountof$350.UO
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance isboclean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck 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 case no deduction will be made,
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees inthe classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPOEG Coordinator and Inspector
5. Maintenance &Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required towear approved safety footwear, The definition ofsafety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code 0WAC>. Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or |uba|s indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year ofthe Agreement oafollows:
January 1.2O20 $240.00
January 1.2O21 $245.00
January 1.2O22 $250.00
12.5.6 Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to per -form field operations duties from
time to time, e reimbursement allowance shall be in every even year ofthis Agreement
shall apply for the purchase ofapproved safety footwear.
12.5.7 Reimbursement for the repair ofpersonal property damaged in the performance of an
employee's duties shall bereimbursed for the replacement value.
12�6 Personal Appearance 9nd Conduct - It aho|| be the responsibility of all employees to
represent the Employer to the pUb|)n in a manner which ahe|| be courteouo, efficient and
helpful.
127 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers-Showom shall be provided for those employees working with sewers ortoxic
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent inthe amount:
° $4Q0.00for 2O3O
w $45O.OUfor 2021
~ $50U.00for 2U22
EM,
AGREEMENT 2V2u-2822
CITY OFTVKxvLx(Administrative and Technical)
p*sE2O
For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 21
W
15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 22
W.
determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
The representatives of the Employer and the Union shall alternately eliminate the name of
one person from the list until only one name remains. The person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this Agreement within thirty (30)
days after such hearing. The decision shall be final and binding upon the parties to the
grievance provided the decision does not involve action by the Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights of the appealing employee, the Union, and all persons it represents to
litigate or otherwise contest the appealed subject matter in any court or other forum.
Likewise, litigation or any other contest of any subject matter involving an employee or the
Union in any court or other available forum shall constitute an election of remedies and a
waiver of the right to arbitrate the matter.
ARTICLE XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
AGREEMENT 2020 - 2022
CITY OF TUKVVILA (Administrative and Technical)
PAGE 23
IWA
ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By _ By
S tt A. Sullivan
Secretary -Treasurer
Date 1 � - `"`t" " k � Date
By
Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Kimberly A. Walden
Presiding Judge
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 24
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows;
ADMINISTRATIVE/TECHN]CAL
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/631
B24
B25
B25
B25
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 25
M
K8AiNTENANCBTRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities DPSTechnician
Fleet Technician
PNaint& OPS Specialist
yWa|nbanonoa Specialist
Sr. PNuinienonma Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior K8eint& OP8 Specialist
Maintenance and OP8Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
G|S Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
&1aint&DP8Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Gyshanos Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
|TBusiness Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
All
Al2
A13
B21
B21
B22
B22
B22
B22
822
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
200
AGREEMENT zo20'uooz
CITY OpTUKvvLA(Administrative and Technical)
Pxasuo
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
A11
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
A11
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/1331
$5,905
$6,201
$6,508
$6,835
$7,177
rB25/B32
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
1 $6,201
$6,508
$6,835
$7,177
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 27
201
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022,
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of25 years
$175
Completion of 30 years
$200
AA Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
A.6 Market Compensation Study:
202
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 28
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
l;
By By
S ott A. Sullivan
Secretary -Treasurer]
Date (. I a ` t y Date
is
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 29
203
LETTER OF AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject to the following modifications to the Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (9) month period when they are actively working for the Employer. Twenty five percent
(25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be
compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%)
hourly rate of pay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share of the premiums.
Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from
one year to the next in accordance with the terms of the Labor Agreement.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative/Technical)
PAGE 30
204
Three Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth
within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
� o
By —
S ott A. Sullivan
Secretary -Treasurer
`�y
Date t I " `�' "` t
In
Date
CITY OF TUKWILA, WASHINGTON
Juan Padilla
Director Human Resources
AGREEMENT 2020 - 2022
CITY OF TUKWIIA (Administrativeffechnical)
PAGE 31
205
LETTER OF AGREEMENT
By and between
CITY OF TUKWILA, WASHINGTON
And
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the Recreation Program Assistant/Preschool Teacher. A Recreation Program
Assistant/Preschool Program Instructor working in this capacity shall be subject to the following
modifications to the Labor Agreement.
The Recreation Program Assistant/Preschool Teacher shall work twenty-six (26) hours a week for a period
of 39 weeks provided however, these employees shall remain on the payroll for the full twelve (12) month
calendar year.
The Recreation Program Assistant/Pre-School Teacher shall be paid for twenty (20) hours at their regular
hourly rate of pay when they are actively working for the Employer. Six (6) hours of the regular hourly rate
of pay for their classification of work shall be "banked" (accrued, but not paid). The Employer shall evenly
disburse in regular increments to the Recreation Program Assistant/Preschool Teacher from their banked
compensation during the 13 weeks they are not actively working during the calendar year. These
employees shall be paid these evenly disbursed amounts on the same regular pay dates established for
other bargaining unit employees.
The Recreation Program Assistant/Pre-School Teacher shall not be allowed to earn or accrue
compensatory time.
All hours worked by the Recreation Program Assistant/ Preschool Teacher in excess of forty (40) hours in
a week shall be compensated during the pay period it was earned at one and one-half (1-1/2) times their
regular (100%) hourly rate of pay.
All insurance benefits for the Recreation Program Assistant/ Preschool Teacher shall be paid for by the
Employer at fifty percent (50%) of the regular premium with the remaining fifty percent (50%) being paid for
by the employee, except for contributions to the Public Employees Retirement System and Federal
Insurance Contribution Act. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, and shall continue to be provided on the basis set forth herein for
the period that the Employee does not actively work for the Employer, provided the employee pays their
share of the premiums.
A AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativefrechnical)
PAGE 32
206
The Recreation Program Assistant/Preschool Teacher shall accrue vacation and sick leave benefits for the
full calendar year at fifty percent (50%) of the regular rate set forth within the Labor Agreement. Vacation
and sick leave benefits shall only be used during the period that the Employee is actively working for the
Employer. Unused vacation and/or sick leave benefits shall be carried over from one year to the next in
accordance with the terms of the Labor Agreement. The Recreation Program Assistant/Preschool Teacher
shall be paid holiday pay at fifty percent (50%) of the rate set forth within the Labor Agreement. Holidays,
including floating holidays, which occur during the period that the Employee is not actively working for the
Employer shall be paid to the Employee as they occur at a fifty percent (50%) of the rate set forth within the
Labor Agreement.
The Recreation Program Assistant/Pre-school Teacher shall not be eligible for unemployment benefits
during the period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By -/� By
ott A. Sullivan
Secretary -Treasurer
Date / 1— `i — m Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
A AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativefrechnical)
PAGE 33
207
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades. Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative/Technical)
PAGE 34
KIT:
7.2
Process
Any overtime earned while ifioaUonwill include the 596 premium.
Acting Capacity Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that towhich they are regularly assigned in on oodnD napacity, the
employee aheU be paid at the next higher rate ofpay in the higher classification, with o
minimum increase offive percent (696)oftheir base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Supervisor must approve the out of class assignment.
Employee must work either:
a. More than half ofashift inone day (employee earns out ufclass for the
shift), or
b. More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out ofc|ama).
3. The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out ofclass. The
intent ofthis bullet point ietoavoid excess amount oftime.
When the supervisor is out and o situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work isnecessary and/or approved.
The Union shall have the right togrieve should the Union suspect the use ofout ofclass is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out ofclass/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 783, affiliated with the
International Brotherhood of Teamsters
By A lw� ("� .
Secretary -Treasurer
Dabs
By
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2n2O'2U2z
CITY OrTUKVvLA(Administrativenrechnioa|)
PA6Eaa
WE
210
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
MM
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Maintenance/Trades Employees)
January 01, 2020 through December 31, 2022
211
AGREEMENT
bvand between
CITY {}FTUKW|LA.VVAGH|NGTC)N
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 7G3
(Representing the Maintenance/Trades Employees)
TABLE {}FCONTENTS
PAGE
ARTICLE SUBJECT —
--
ART|CLE| DEFINITIONS ...... -----...................................................................... ........................ 1
ARTICLEIV HOURS OFVVURK—..................... ............. ---....... ............ ....................................... 2
ARTICLE OVERTIME AND CALLBACK ........................................................... ........................ --... u
COMMONCLAUSES ........... ....... ............ ........................................ ........... ...... ...................................... 5
ART|CLEU
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION. ..........................
5
ARTICLE III
UNION RIGHTS AND N{}N-DISCFUK8|NATION .................................................................
G
ARTICLEVI
MONTHLY SALARIES ........................................................................................................
7
ART|CLEV1|
WORKING OUT OF CLASSIFICATION ............... ............................................................
/
ART|CLE\0U
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ..........................
...... 7
ARTICLEIX
HOLIDAYS ..................................... .............. ...................................................................
1O
ARTICLE
LEAVES ............ ........... ............. ...............................................................................
..... 1
ARTICLE XI
HEALTH INSURANCE ........... ............................................. ............................................
14
ART|CLEXU
MISCELLANEOUS ...................................... ......................... ...........................................
17
ART|CLEXU|
PERFORMANCE OFDUTY ................................................................................ ............
1A
&RT|CLEXK/
MAINTENANCE OFSTANDARDS ....................... .......................................... ................
10
ART|CLEXV
MANAGEMENT RIGHTS ............................................................................ .....................
1D
ART|CLE%V|
WARNING NOTICE ........................................ ..................................... --................
.... 2O
ART|CLEXV||
GRIEVANCE PROCEDURE .............................................................................................
20
ARTICLEXV|U
SEPARABILITY ........ ............................................ ............ ..............................................
21
ART|CLEX|}(
DURATION ........................................................................................................................
22
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES DFPAY .....................................................
23
LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES_ ............................................
..... 28
212
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Maintenance/Trades Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all maintenance and trades employees (outside and shop),
excluding supervisors, working in positions listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants,
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173.33. (For example, an employee with a base monthly
salary of $1,733.30 would be paid a straight -time hourly rate of pay of $10.00 per hour).
1.1.7 "Overtime" shall mean work performed in excess of the scheduled shift at straight -time in
any one day or forty (40) hours at straight -time in any one (1) week.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 1
213
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular full-time employees shall be comprised of four
(4) consecutive days of ten (10) consecutive hours of work (excluding the meal period)
totaling forty (40) hours and three (3) consecutive days off duty as determined by the
department head, or
4.1.1 The workweek for regular full-time employees shall be comprised of five (5) consecutive
days of eight (8) consecutive hours of work (excluding the meal period) totaling forty (40)
hours and two (2) consecutive days off as determined by the department head, or
4.1.2 The workweek for regular full-time employees shall be comprised of one week of five (5)
consecutive days, All but one of those days shall be at nine (9) consecutive hours of work
(excluding the meal period) with one day comprised of eight (8) consecutive hours totaling
forty (40) hours for the FLSA work week and two (2) consecutive days off as determined
by the department head. The following week shall be comprised of four consecutive days
comprised at nine (9) hours totaling forty (40) hours for the FLSA work week and three (3)
consecutive days off as determined by the department head.
4A.3 Employees at the golf course pro shop, shall have at least one weekend day off, either
Saturday or Sunday.
4.2 Starting Times - Each employee shall be assigned a regular starting time which shall not
be changed without thirty-six (36) hours written notice except in the case of civil disorder
or natural disaster; and, if during this thirty-six (36) hour period an employee is deployed
from an on -call, call -out or availability list, then Article 5.3 (Callback) shall apply. In the
event an employee's regular starting time is changed without thirty-six (36) hours written
notice, he shall be paid in accordance with the provisions of Article V, Section 5.1,
Overtime, for all hours worked outside of the employee's normal work schedule. Temporary
work schedule changes may be made without notice to cover essential functions in case
of emergencies officially declared by the Governor of the State of Washington or the King
County Executive.
4.2.1 During an eight (8) hour workday schedule, if an employee's regular starting time is
changed with thirty-six (36) hours written notice and the employee is assigned to work a
shift consisting of four (4) or more hours outside of the employee's normal work schedule,
the employee's shift shall consist of seven (7) hours; provided however, such employee
shall be compensated for eight (8) hours at the employee's regular straight -time hourly rate
of pay. During a ten (10) hour workday schedule, if an employee's regular starting time is
changed with thirty-six (36) hours written notice and the employee is assigned to work a
shift consisting of five (5) or more hours outside of the employee's normal work schedule,
the employee' shift shall consist of nine (9) hours; provided however, such employee shall
be compensated for ten (10) hours at the employee's regular straight -time hourly rate of
pay.
4.2.2 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 2
214
4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime - All work performed in excess of the work schedule as established pursuant to
Section 4.1 shall constitute overtime and shall be paid for at one and one-half (1-1/2) times
the employee's regular straight -time hourly rate of pay for the first four (4) hours of
overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the
employee's regular straight -time hourly rate of pay. Scheduled overtime on the employee's
normally scheduled day off shall be paid at one and one-half (1-1/2) times the employee's
regular straight -time hourly rate of pay for the first eight (8) hours. Hours worked in excess
of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's
regular straight -time hourly rate of pay.
5.1.1 Overtime shall be paid at in increments of fifteen (15) minutes with the major portion of
fifteen (15) minutes being paid as fifteen (15) minutes.
5.1.2 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Maintenance Operations Supervisor or his designee, and shall be banked at the rate
earned pursuant to Section 5.1. The employee shall be allowed to accrue up to a maximum
of fifty (50) hours of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Nan -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) hours at one and one half (1-1/2)
times his regular straight -time hourly rate of pay. Should the employee's regular shift start
less than two (2) hours from the time he started work on the callback, he shall receive one
and one-half (1-1/2) times his regular straight -time hourly rate of pay only for such time as
occurs before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.2.2.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 3
215
5.41 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
houns, and assistance is provided bythe employee, the employee shall be paid overtime
for ominimum of fifteen (15)minutes oractual time required tohandle Employer business,
but not tmexceed thirty (30)minutes. |facallback toduty iothen required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.3(CaUback).
5.5 Meal Reimbursement ' Whenever onemployee ksrequired b>work more than two C8hours
after the end or before the beginning of his nonne| shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's tooi|ity, the employee shall
receive per them osposted onGSA.govfor King County orthe applicable location when
traveling. Per the City'e policy, incidental expense mhoU be broken upon m 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast ....................... between the hours of12:U0e.m.and 8:OOa.m.
Lunch ............................. between the hours of8:O1 a.m. and 4:00 p.m.
5.51 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency orma)An) he shall be provided with a nneo| orreimbursement in accordance
with the provisions of Section 5.4 above if the hours worked exceed five (5) hours, In such
insbanoes, employees shall receive an additional nnee| reimbursement for every five (5)
hours inexcess nfthe initial five (5)hour period.
5.6 Standby Duty Allowance -Anemployee who inrequired tobeavailable and subject hocall
shall receive oStandby Duty allowance ofthree (3)hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
tocallback situations, without restrictions orimpairments,
5.6.1 In the event an employee who is on Standby Duty is called out, he ahoU be compensated
in accordance with Section 5.4 above. In the event of callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel horespond tosuch cd|out.
E6.2 Standby Duty time, an determined by the Employer, shall be rotated among those
bargaining unit employees who have passed pnobaUnn, have at least one year of
experience in the assigned wmrk, and have designated their preference hnwork standby
duh/. Each employee may designate his weekend preference prior tothe standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the department head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four(24) hours notice due to an emergenoy, with the approval of the department
head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected,
5.6.3 The Employer shall retain the right to determine standby assignments
AGREEMENT 20on'zoaz
CITY OrTUKVV|Lx(Maintenance and Trades)
216
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase 'weeks worked excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 5
217
on a monthly basis, in one check, the total amount deducted along with the name of each
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
AGREEMENT 2020- 2022
CITY OF TUKWIIA (Maintenance and Trades)
PAGE 6
:
3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender,
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
newjob classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD LAYOFF RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
AGREEMENT 2020- 2022
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8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
AGREEMENT 2020- 2022
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8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected ahgU be neuoUad first provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can becontacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should on employee not return towork when recalled, the Employer shall have no
further obligation borecall them.
8.5 Job Vacancies ' When aregu|orjobvacancy occurs, present employees who have applied
shall be given first consideration for filling the veoonuy, based on their length of service
with the Employer and ability to meet the minimum qualifications ofthe job, provided this
Section does not conflict with any Federal orState Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, ohoU move to the phone oonaan,
intemievv, ortest which may be the first step of the hiring process,
8.5.1 Internal Job Postings Only ' Notices of regular job vacancies shall be emoUed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5)wmrk day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise quu|died, shall move to the phone aonaen, intemievv, or test which may be
the first step ofthe hiring process.
8.52 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job c|osoifioation, they ohoU remain at their current naba of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification (s), the employee shall move
up one (1) STEP (i[ another STEP exists within the pay range) retroactive to the
anniversary date, iftheir anniversary date has passed. The employee shall advance tothe
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period befor more than twelve (12)months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date ofhire and present rate ofpay.
AGREEMENT 202D'2D22
CITY DFTUKVw|LA(Maintenance and Trades)
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221
ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday fails upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment. Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rats basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates 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. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 /n any case in which on employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act bysuch employee and the regular rate ofcompensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermoro, the sick leave
benefits herein specified ahoU not beapplicable boany employee who is covered by any
relief and pension en( or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Regularpart-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
102.5. Sick Leave.
10.2.6 HRANEBA Plan —Erno|oyeea have adopted participation in an HR/VVEBA Plan, which
provides o''buy out' ofeligible sick leave hours as, explained ba|ovv at the rate oftwenty-
five (25%)ufthe value ofthose hours. All regular full-time and part-time (at least 2Ohours
per week), employees are required to participate in the City HR/VVEBA Plan.
Regular full-time employees who work aminimum offorty N0\hours per week and regular
part-time employees, who work ed least twenty (20) hours and |eoa than forty (40 hours
per week, are eligible for the City HR/VVEBAPlan. The City agrees to"buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (72O)hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can beearned inone calendar year (ie.ninety-six
(QG)sick leave hours byaregular full-time emp|nyee).
10.3 Bereavement Leave 'Anemployee who has amember oftheir immediate family taken bv
death shall receive uptothree (3) days off with pay as bereavement leave. Up to on
additional two (2) days with pay may be granted when out-of-state travel is required,
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was son or daughter, mother, father, step pananbs, mothepin-|avv, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step chi|dnen, sister, brother, dnughtepin'|avv, non'in'/avv, nisber-in-|avv, brother-in-law,
grandparents, grandparents-in-|avvand grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called for jury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence -|fauthorized bvthe appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits ohoU accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
AGREBMEmT2ozO 2022
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10]5 TemporarV Disability Leave - Employees who are physically unable to pedbnn the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for iUness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (8)
months. The Employer may extend the leave for an additional six (8) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis ontheir availability toreturn towork. Such leaves donot constitute abreak
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to on equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall beplaced onthe recall list aaset forth inArticle VUi
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as e matter ufState Low. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — /n the event an employee sustains a]ob related injury ortemporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, ifwork iaavailable. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLEXI HEALTH INSURANCE
11.1 Medical Insurance -TheEmp|oyerohaUnonbibubathosepnamiumonoceooarytopurohosa
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00per person and three
hundred dollars ($30O.OD)per family.
* co -pay for specialist to$4O
° co -pay for complex imaging to$1UO
° co -pay for urgent -care doctor visits hn$5O
* Change hoEnvision Select Formulary (pha[macy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight povoont(896) in a year. the Employer orthe
Union have the right to reopen the Agreement to negotiate changes in the Self -insured
yWodkca| Plan benefit levels so that the increase in premium costs does not exceed eight
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
AGREBNENT202O 2022
CITY nFTUKYVL4(Maintenance and Trades)
PxGs14
226
11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria,
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rats
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department) up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010,
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
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11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.E (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
a. The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
AGREEMENT 2020- 2022
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) forjob-related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
AGREEMENT 2020- 2022
CITY OF TUKVVILA (Maintenance and Trades)
PAGE 17
229
12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance isboclean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck 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 case no deduction will be made.
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees inthe classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDESCoordinator and Inspector
5. Maintenance &Trades
6. |napoobzre
7. Code Enforcement
12,5.4 For employees who are required tnwear approved safety footwear. The definition o[safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code 0&\AC\. Upon proof ofpurchase, the Employer shall reimburse each employee
towards the cost cfsuch footwear which ahoU bear identifying marks or |obe}a indicating
compliance with the code as revised or its equivalent, The Employer shall increase the
safety footwear reimbursement each year ufthe Agreement aafollows:
January 1.2O2O $240.00
January 1.2O21 $245.00
January 1.2O22 $250.00
12.5.6 Also, because the Fine Project Cnordinator'o, Plans Examiner and Senior Program
Manager regular assignments require the employee toperform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase ofapproved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall bereimbursed for the replacement value.
128 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in o manner which shall be courteouo, efficient and
helpful.
12.7 The parties have agreed toadopt the City ofTukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers nba/| be provided for those employees working with sewers or toxic
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent inthe amount:
0 $400.00for 2O3O
° $45O.00for 2O21
° $5OO.00for 2022
230
AGnEEmEwT2U2O 2022
CITY OFTUKVV|Lx(Maintenance and Trades)
pxoE10
For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
« To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 19
231
15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process, Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 20
232
determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
The representatives of the Employer and the Union shall alternately eliminate the name of
one person from the list until only one name remains. The person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this Agreement within thirty (30)
days after such hearing. The decision shall be final and binding upon the parties to the
grievance provided the decision does not involve action by the Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights of the appealing employee, the Union, and all persons it represents to
litigate or otherwise contest the appealed subject matter in any court or other forum.
Likewise, litigation or any other contest of any subject matter involving an employee or the
Union in any court or other available forum shall constitute an election of remedies and a
waiver of the right to arbitrate the matter.
ARTICLE XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 21
233
ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01. 2020. and ohoU remain in
full force and effect through December 31.2O22.during which time noadditional provisions
shall be negotiated to become effective prior hoJanuary 01. 2023. except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763. affiliated with the
International Brotherhood ofTeamsters
By By
S ott A. Sullivan
Secretary -Treasurer
Deba Date
LIM
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed byCity Attorney
234
AGREBwEwT2o2O 2022
CITY OFTUKVm|LA(Maintenance and Trades)
P*oso2
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVE/TECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
623
B23
B23
B23
B24
B24
B24
B24
B24/B31
B24
B25
B25
B25
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 23
235
MAINTENANCE/TRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPGTechnician
Fleet Technician
k8oint& OP8 Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior PNaint&OpSSpecialist
Maintenance and [)PS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
8|S Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPOESCoordinator
Fisheries Biologist
yWa\nt&{}pSSuperintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
All
Al2
A13
B21
821
B22
B22
822
822
B22
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
Q42
C42
C42
C42
C42
C43
C43
C43
C48
C51
C51
C51
C51
C51
236
AGREEMENT 202O-2Uaz
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/1331
$5,905
$6,201
1 $61508
$6,835
$7,177
1325/1332
$6,314
$6,632 1
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/B31
$5,905
$6,201
$6,508
$6,835
$7,177
B25/B32
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
$7,177
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 25
237
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro -rats
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
AA Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
A.6 Market Compensation Study:
238
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 26
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By — �_ By
S ott A. Sullivan
Secretary -Treasurer
Date t 6 . 4 — [ Date
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 27
239
LETTER OF AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject to the following modifications to the Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (9) month period when they are actively working for the Employer. Twenty five percent
(25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be
compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%)
hourly rate of pay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share of the premiums.
Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from
one year to the next in accordance with the terms of the Labor Agreement.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 28
240
Three Quarter Time Employees shall bepaid holiday pay atseventy-five percent (75%)ofthe rate set forth
within the Labor Agreement. Ho|idoyu, including floating hu|idoys, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but one receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763. affiliated with the
International Brotherhood ofTeamsters
By By
Secretary -Treasurer
Dote Date
CITY OF TUKWILA, WASHINGTON
Juan Padilla
Director Human Resources
aGREBwEwT20zO 2022
CITY OrTVKW|LA(Maintenance and Trades)
p*ssog
241
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration.
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 30
242
7.2
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Process
Supervisor must approve the out of class assignment.
2. Employee must work either:
More than half of a shift in one day (employee earns out of class for the
shift), or
More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhood of Teamsters
By By
S ott A. Sullivan
Secretary -Treasurer
Date - q Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 31
243
244
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
245
AGREEMENT
byand between
CITY OFTUKVV|LA.VVASH|NGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 7G3
(Representing the Professional/Supervisory Employees)
January O1.2U2Othrough December 31.2O22
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLE
OEF|N|TlDNS—........................................................ —.................................................
... 2
ARTICLE IV
HOURS DFWORK ....................................... ........... --.......... .............. ........................
3
ARTICLE
OVERTIME AND CALLBACK ............................................... .............................................
3
COMMONCLAUSES ................................... ................................................................... ...........................
h
ART|CLEU
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ... ...............
....... S
ARTICLE III
UNION RIGHTS AND NON'D|SCR|W4|NATION .............................. ..................................
7
ARTICLE VI
MONTHLY SALARIES ........................................................................................................
8
ARTICLE \8|
WORKING OUT OFCLASSIFICATION .............................................................................
0
ART|CLEVUI
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ..................
............. O
ARTICLE IX
HOLIDAYS .............. .......... —...................................................... ............... ...................
11
ARTICLE
LEAVES .... .................................................................... .................................
.............. 12
ARTICLE XI
HEALTH INSURANCE ........................ —.........................................................
................ 15
ARTICLEXU
MISCELLANEOUS TA 14OOon 7/24/Q.........................................................................
18
ART|CLE>UU
PERFORMANCE [)FDUTY ......... ....................... ............. ............. ...............................
2O
ART|CLEX|V
MAINTENANCE OFSTANDARDS ...................................................................................
2O
ART|CUEXV
MANAGEMENT RIGHTS ...................................... ......................................... .................
2O
ART)CLEXV|
WARNING NOTICE ...... ...................... --...................... ...............................................
21
ART|CLEXV)|
GRIEVANCE PROCEDURE ...................................................................................
......... 21
ARTICLE XV|USER4RAB|L|TY—
..............................................................................................................
22
ART|CLE)<[K
DURATION ..................................................................................... ..................................
23
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY .... ..... .................. ............
........ 24
LETTER OFAGREEMENT - THREE QUARTER TIME EMPLOYEES .... ....... ................ .......................
2Q
246
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the City of Tukwila, Washington, working in
positions listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173.33. (For example, an employee with a base monthly
salary of $1733.30 would be paid a straight -time hourly rate of pay of $10.00 per hour)
1.1.7 "Overtime" shall mean work performed in excess of the scheduled shift at straight -time in
any one day or forty (40) hours at straight -time in any one week.
AGREEMENT 2020 - 2022
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247
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular (4/10's) full-time employees shall be comprised
of four (4) consecutive days of ten (10) consecutive hours of work (excluding the meal
period) totaling forty (40) hours and three (3) consecutive days off duty as determined by
the department head or
4.1.1 The workweek for regular (5/8's) full-time employees shall be comprised of five (5)
consecutive days of eight (8) consecutive hours of work (excluding the meal period) totaling
forty (40) hours and two (2) consecutive days off as determined by the department head,
or
4.1.2 The workweek for regular (9/80's) full-time employees shall be comprised of one week of
five (5) consecutive days. All but one of those days shall be at nine (9) consecutive hours
of work (excluding the meal period) with one day comprised of eight (8) consecutive hours
totaling forty (40) hours for the FLSA work week and two (2) consecutive days off as
determined by the department head. The following week shall be comprised of four
consecutive days comprised at nine (9) hours totaling forty (40) hours for the FLSA work
week and three (3) consecutive days off as determined by the department head.
4.1.3 Employees at the golf course pro shop, shall have at least one weekend day off either
Saturday or Sunday. Alternative work weeks may be created by mutual agreement
between the employee and manager with the approval of the Human Resource Director.
4.1.4 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
4.2 Intentionally left blank
4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime and Extra Work - All work performed in excess of the work schedule as
established pursuant to Section 4.1 for FLSA non-exempt employees shall constitute
overtime and shall be paid for at one and one-half (1-1/2) times the employee's regular
straight -time hourly rate of pay for the first four (4) hours of overtime. Overtime worked in
excess of four (4) hours shall be paid at two (2) times the employee's regular straight -time
hourly rate of pay. Scheduled overtime on the employee's normally scheduled day off shall
be paid at one and one-half (1-1/2) times the employee's regular straight -time hourly rate
of pay for the first eight (8) hours. Hours worked in excess of eight (8) hours of scheduled
overtime shall be paid at two (2) times the employee's regular straight -time hourly rate of
pay.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 3
i
5.1.1 For those employees listed as FLSA exempt, extra work assigned and performed in excess
of 40 hours in a workweek shall be paid at the rate of 1.0 times the employee's regular
straight -time hourly rate of pay to 50 hours of work and 1.5 times beyond 50 hours.
5.1.2 Overtime for non-exempt employees shall be paid in increments of fifteen (15) minutes with
the major portion of fifteen (15) minutes being paid as fifteen (15) minutes.
5.1.3 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Department Director, or designee, and shall be banked at the rate earned pursuant to
Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours
of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.3.1 All employees in FLSA exempt classifications in lieu of Sections 5.1 and 5.2 have the option
if required to work in excess of eight (8) hours in any one (1) day or forty (40) hours in any
one (1) week to receive one (1) hour of compensatory time with pay for each hour worked.
The maximum accumulation of compensatory time shall be fifty (50) hours; provided
however, accrual of compensatory time -off in excess of fifty (50) hours may be paid at the
rate of one and one-half (1-1/2) times an employee's regular straight time hourly rate of
pay (to be paid in cash or compensatory time -off) upon the request of the employee. The
current employees in the previously existing positions of Engineer (Joanna Spencer and
David McPherson) and Superintendent (Bryan Still and Jeff Morton) will be grandfathered
to receive the overtime rate for hours worked in excess of their work schedule.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) at one and one-half (1-1/2) times his
regular straight -time hourly rate of pay. Should the employee's regular shift start less than
two (2) hours from the time he started work on the callback, he shall receive one and one-
half (1-1/2) times his regular straight -time hourly rate of pay only for such time as occurs
before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.1.1.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 4
MV
5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
hours, and assistance is provided by the employee, the employee shall be paid overtime
for a minimum of fifteen (15) minutes or actual time required to handle Employer business,
but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.4 (Callback).
5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast .......................between the hours of 12:00 a.m. and 8:00 a.m.
Lunch.............................between the hours of 8:01 a.m. and 4:00 p.m.
Dinner............................between the hours of 4:01 p.m. and 11:59 p.m.
5.5.1 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency or call -in) he shall be provided with a meal or reimbursement in accordance
with the provisions of Section 5.5 above if the hours worked exceed five (5) hours. In such
instances, employees shall receive an additional meal reimbursement for every five (5)
hours in excess of the initial five (5) hour period.
5.6 Standby Duty Allowance - An employee who is required to be available and subject to call
shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
to callback situations, without restrictions or impairments.
5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated
in accordance with Section 5.4 above. In the event of a callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel to respond to such callout.
5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those
bargaining unit employees who have passed probation, have at least one year of
experience in the assigned work, and have designated their preference to work standby
duty. Each employee may designate his weekend preference prior to the standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the Department Head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four (24) hours notice due to an emergency, with the approval of the Department
Head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected.
5.6.3 The Employer shall retain the right to determine standby assignments
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
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250
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO, 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 6
251
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges - Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
AGREEMENT 2020 - 2022
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252
3A.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
new job classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD LAYOFF RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
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253
8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in thejob. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
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8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certifications) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
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ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Reqular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rats basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment, Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates 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. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.E HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required,
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned,
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in ArticIe Vlll.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and theirdependents underthe City ofTukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 _Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010.
11.6 Lonq-Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
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11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS TA 1400 on 7/24/19
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
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12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck 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 case no deduction will be made.
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees in the classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDES Coordinator and Inspector
5. Maintenance & Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required to wear approved safety footwear. The definition of safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year of the Agreement as follows:
January 1, 2020 $240.00
January 1, 2021 $245.00
January 1, 2022 $250.00
12.5.6 Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to perform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase of approved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall be reimbursed for the replacement value.
12.6 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers shall be provided for those employees working with sewers or toxic
materials.
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent in the amount:
• $400.00 for 2020
$450.00 for 2021
• $500.00 for 2022
264
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 19
For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
« To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
+ To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 20
265
15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 21
266
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
The representatives of the Employer and the Union shall alternately eliminate the name of
one person from the list until only one name remains. The person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this Agreement within thirty (30)
days after such hearing. The decision shall be final and binding upon the parties to the
grievance provided the decision does not involve action by the Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights of the appealing employee, the Union, and all persons it represents to
litigate or otherwise contest the appealed subject matter in any court or other forum.
Likewise, litigation or any other contest of any subject matter involving an employee or the
Union in any court or other available forum shall constitute an election of remedies and a
waiver of the right to arbitrate the matter.
ARTICLE XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect, In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 22
267
ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
A
S ott A. Sullivan
rr
Secretary -Treasurer c
Date ./ ! �- `�' t Date
By
Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Kimberly A. Walden
Presiding Judge
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 23
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVE/TECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
All
All
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/B31
B24
B25
B25
B25
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 24
•E
MAINTENANCEITRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPS Technician
Fleet Technician
Maint & OPS Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior Maint & OPS Specialist
Maintenance and OPS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
GIS Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Maint & OPS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
A11
Al2
A13
B21
B21
B22
B22
B22
B22
B22
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
270
AGREEMENT 2020 - 2022
CITY OF TUKVVILA (Professional/Supervisory)
PAGE 25
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
A11
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
A11
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
$7,177
B32
$6,314
$6,632
$6,965
$7,314
$7,682
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 26
271
Professional/Supervisory:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021,
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
A.4 Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 27
272
A.6 Market Compensation Study:
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
i
By _.-- li� By
S ott A. Sullivan
Secretary -Treasurer
Date 4 l - `" - Date
9M
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 28
273
LETTER OF AGREEMENT
byand between
CITY OFTUKWIUA,VVASH|NGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 7G3
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
THIS LETTER OF AGREEMENT is by and between the CITY DFTUKW|U\VVA8H|NGTON. hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 783. affiliated with the |nha[noUono| Brotherhood ofTeamsters, hereinafter
referred toaethe Union. It is understood and agreed by and babmoan the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement tu the oontnsry, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject tothe following modifications hothe Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (0) month period when they are actively working for the Employer. Twenty five percent
(2596) of the regular hourly rate of pay for their classification of work shall be "banked" (accrund, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a weak shall be
compensated during the pay period it was earned atone and one-half (14/2) times his ragu|or(1OO96)
hourly rate ofpay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (7596) of the regular premium with the remaining twenty-five percent (2596) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision. Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share ofthe premiums.
Three Quarter Time Employees ahoU accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (7596) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (S) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vocation and/or sick leave benefits shall be carried over from
one year tothe next inaccordance with the terms cfthe Labor Agreement.
AGREEMENT oVzo'ao22
CITY OFTUKmL*(PmfennionaVSupumisopA
p*sez8
274
Three Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth
within the Labor Agreement. HoUdayn, including floating ho|idayo, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 793, effi|kahsd with the
International Brotherhood ofTeamohers
Bytw-_ABy
S tt A. Sullivan
Secnstarv-Tnaasunar
Date Date
CITY OF TUKWILA, WASHINGTON
Juan Padilla
Director Human Resources
AGREEMENT u02V'un22
275
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration.
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 31
276
7.2
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Process
Supervisor must approve the out of class assignment.
2. Employee must work either:
More than half of a shift in one day (employee earns out of class for the
shift), or
More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhoodo Teamsters
BY a BY
S Ott A. Sullivan
Secretary -Treasurer 1
Date ( 1- 4 _ 1 Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020 - 2022
CITY OF TUKVVILA (Professional/Supervisory)
PAGE 32
277
278
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
r._2re
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
279
AGREEMENT
byand between
CITY DFTUKN|LA.VVASH|NGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 7S3
(Representing the Senior Program Manager Employees)
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLE
DEFINITIONS ... ................................. ................................................................................
1
ARTICLEIV
HOURS OFWORK ................................ ............................................... ............... ......
..... 1
ARTICLE
EXPECTATION OFTHE FLSAEXEMPT WORKWEEK ...................................................
2
COMMONCLAUSES ...................................................................................................................................
x
ART|CLEU
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................
3
ARTICLE III
UNION RIGHTS AND NON'O|SCR|[W|NAT|ON................................................. .............
4
ARTICLE VI
MONTHLY SALARIES. ................................ ........ --.......................................................
5
ART|CLEV1|
WORKING OUT OF CLASSIFICATION ................................................. ..........................
S
/\RTICLEVU/
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES .................................
5
ARTICLEIX
HOLIDAYS ..................... ............................... ...................................... —........................
»
ARTICLE
LEAVES ...................................................................... .................. ........ ............. ...........
8
ARTICLEXI
HEALTH INSURANCE ............................................... ...... .........................................
..... 12
ART|CLE>U|
MISCELLANEOUS ......................... ............................ ...... ..............................................
15
ART|CUEXIU
PERFORMANCE DFDUTY ........... ................................................................ ................
17
ART|CLEXK/
MAINTENANCE DFSTANDARDS .................. ..................................... ..........................
17
ART|CLEXV
MANAGEMENT RIGHTS ........................... ......................................................................
17
ART)CLEXV|
WARNING NOTICE ...... ...................................... ................................. ............... ..........
8
ART|CLEXV|I
GRIEVANCE PROCEDURE .............................................................................................
18
ARTICLEXV|U
SEPARABILITY .................................................................................................................
1Q
ART|CLEXD(
DURATION ...................................................... ... .................... ......... ............................
2O
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY ...... ..............................................
21
ARTICLE \8|
WORKING OUT OFCLASG|RCAT|DN—........................................................................
2h
MEMORANDUM OFUNDERSTANDING —VEBAPLAN ...........................................................................
28
Mus
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the City of Tukwila, Washington, working in
positions listed in Appendix "A".
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 The bargaining unit position filled by the employees qualifies for an exemption under the
Fair Labor Standards Act and Washington Minimum Wage Act and thus the employees are
salaried employees who are not paid overtime.
1.1.7 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he/she does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The parties shall generally work forty (40) hours per week schedules. The
workweek for regular full-time employees shall be determined by the Department Head.
4.1.1 Employees may have flexible starting times and working hours with consent of the
Department Head.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 1
i
4.2 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.3 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the approval of the Employer.
ARTICLE V EXPECTATION OF THE FLSA EXEMPT WORK WEEK
5.1 The Professional and managerial nature of the Senior Program Manager position qualifies
for an Executive and Learned Professional Exemption under the Fair Labor Standards Act
and thus employees working in these positions are salaried employees. As such, the
Employer and employees recognize a typical and normal work day or work week is not
always possible. The City generally has an expectation of a 40-hours work in a week. The
parties also recognize the need for employees from time to time to work beyond a normal
40 hour week. In such cases or for work required on holidays and/or weekends and
approved by the supervisor, the employees shall be allowed to informally flex their workday
and/or week to counterbalance exceptions to the typical hours of work schedule. The
employee shall notify his/her immediate supervisor in advance within a reasonable time of
the requested adjustment to his/her workday/week. The supervisor and employee will
discuss and make a good faith effort to arrive at a mutually acceptable solution.
5.2 Intentionally left blank
5.3 Intentionally left blank
5.4 Intentionally left blank
5.5 Meal Reimbursement— Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast .......................between the hours of 12:00 a.m. and 8:00 a.m.
Lunch.............................between the hours of 8:01 a.m. and 4:00 p.m,
Dinner............................between the hours of 4:01 p.m. and 11:59 p.m.
5.6 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency or call -in) he shall be provided with a meal or reimbursement in accordance
with the provisions of Section 5.5 above if the hours worked exceed five (5) hours. In such
instances, employees shall receive an additional meal reimbursement for every five (5)
hours in excess of the initial five (5) hour period.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 2
282
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 3
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 4
ME
3.4.1 Wherever words denoting o specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
61 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
new job classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
isestablished, whichever isearlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employed is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee ohoU have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for minimum of three (3) consecutive days. Pay for the work
out-of-c|annifiootinnshall beretroactive toand include the first day. The above three (3)
consecutive day requirement may bawaived ifoperational needs exist, Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TOMEMORANDUM OFUNDERSTANDING-WORKING OUT OFCLASSIFICATION
ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES
8.1 Probation Period -A new employee shall be subject to o six (G) month probation period
(with the exception of the Senior Program yWanagers, who ohoU nonae a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will. subject to immediate dismissal at any
time at the an/e discretion of the Employer; provided however. the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
nfthis provision shall not besubject hnthe grievance procedure,
8.12 Trial Service Period 'Atrial service periodksaG-munth(1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served byoTeamster represented
employee who has not successfully aenxad probation or trial service for the new job
classification inwhich they promoted ortransferred into.
81.3 At any point during the trial een/km perod, management and/or the employee have the
ability hoend the trial service, and the employee will revert back totheir previous held
8.1.4 Should the employer need
'
transfer, the employer may
potential (but not guarantee)
period). The time spent in
probationary period.
o bankfU the vacated position created by the promotion or
post said vacancy as a temporary position which has the
bnbecome permanent (upon completion ofthe probationary
the temporary position ehoU be considered as part of the
AGREEMENT 202n'2nnu
CITY opTUKVVLA(Senior Program Manager)
8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 6
i •
8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 7
i A
ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1 st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9A Holidays For Reqular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 8
ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment, Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
AGREEMENT 2020 - 2022
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates 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. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rats basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.6 HRA/VEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan, The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in Article VIII.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150.000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010.
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
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11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRANEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck 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 case no deduction will be made.
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12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees inthe classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDESCoordinator and Inspector
5. Maintenance &Trades
S. Inspectors
7. Code Enforcement
12.5.4 For employees who are required bowear approved safety footwear. The definition ofsafety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (VVAC). Upon proof ofpurchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code an revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year ofthe Agreement asfollows:
January 1.2O2O S240.00
January 1.2021 $245,00
January 1.2022 $250.00
12.5.6 Also, because the Fire Project Conrdinotor's, Plans Examiner and Senior Program
Manager regular assignments require the employee toperform field operations duties from
time to time, o reimbursement allowance shall be in every even year nfthis Agreement
shall apply for the purchase ofapproved safety footwear.
125.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall bereimbursed for the replacement value.
126 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes tothe existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
128 Showers ' Showers nhm|| be provided for those employees working with sewers ortoxic
12.9 The employer will reimburse employees classified an Fleet Technicians and Fleet
Superintendent inthe amount:
° $4OO.OUfor 2O2O
° $45O.O0for 2021
° GS0O.00for 2O22
For the purchase ofneeded �job related tools that will be used inthe performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase. and must be presented by December 31, each year in order to
be reimbursed. There isnncarry-over provision from one calendar year bothe next.
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ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
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15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17A A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
determine such an appointee, they shall jointly request the Public Employment Relations
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Commission to provide a list of seven (7) names from which the parties may select one.
The representatives of the Employer and the Union shall alternately eliminate the name of
one person from the list until only one name remains. The person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this Agreement within thirty (30)
days after such hearing. The decision shall be final and binding upon the parties to the
grievance provided the decision does not involve action by the Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights of the appealing employee, the Union, and all persons it represents to
litigate or otherwise contest the appealed subject matter in any court or other forum.
Likewise, litigation or any other contest of any subject matter involving an employee or the
Union in any court or other available forum shall constitute an election of remedies and a
waiver of the right to arbitrate the matter.
ARTICLE XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
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ART|CLEX0( DURATION
191 This Agreement shall be in full force and effect on January 01. 2020. and mheU remain in
full force and effect through December 31, 2022, during which time no additional provisions
ohoU be negotiated to become effective prior to January 01. 2023. except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763. affiliated with the
International Brotherhood ofTeamsters
By By
Scott A. Sullivan V
Secretary-Treasurer
CITY OF TUKWILA, WASHINGTON
Mayor
Allan Ekberg
Reviewed byCity Attorney
300
AGREEMENT z0zO-zo2z
CITY OFTUKw|u^(Senior Program Manager)
p*sEon
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVE/TECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/B31
B24
B25
B25
B25
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 21
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Wlainhanenoa Specialist
Facilities DP8Technician
Fleet Technician
yNoiniQOPS Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior K4eint&DPS Specialist
Maintenance and OPGForeman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire P jeotCoordinetor
G|8 Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Meint & 0pS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
|TBusiness Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
All
Al2
A13
821
B21
B22
822
822
822
B22
B23
B23
B23
BZ3
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C61
C51
302
AGREEMENT 2020 2022
CITY OFTUmWILA(Senior Program Manager)
e*sEzz
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
B25/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
$7,177
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 23
08W
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
A.4 Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
AGREEMENT 2020 - 2022
CITY OF TUKVVILA (Senior Program Manager)
PAGE 24
304
A.6 Market Compensation Study:
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021,
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
BY (1_.._ BY
S ott A. Sullivan
Secretary -Treasurer Date [ I • - t ii(� ( Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 25
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 26
306
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pad In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
7.2 Process
Supervisor must approve the out of class assignment.
2. Employee must work either:
a. More than half of a shift in one day (employee earns out of class for the
shift), or
b. More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
3. The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
Notes: not for the MOU but included in the voting explanation document and bargaining
notes. We used the finance department positions finance technician, finance specialist
and finance coordinator. A specialist quits and a replacement is not hired or filled. The
specialist' work is divided up with work moving to a tech, specialist and a coordinator. The
tech is working out of class while the specialist and coordinator are not.
Notes: not for the MOU but included in the voting explanation document and bargaining
notes. We are talking about using an employee to work several hours in the morning, a
different employee in the afternoon, etc.
All other agreements of the contract will remain in full effect for the duration of this extension.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhood oi Taters
4
By By
Sdott A. Sullivan
Secretary -Treasurer
Date k t - " - f Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 27
307
MEMORANDUM OF UNDERSTANDING
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
IT IS UNDERSTOOD AND AGREED by the parties, City of Tukwila, Washington (hereafter "the Employer'), and
Teamsters Local Union No. 763 (hereafter "the Union"), enter into this agreement as follows:
ARTICLE XI HEALTH INSURANCE
11.8.1 VEBA Plan — The Senior Program Managers have elected by majority vote to make a
monthly contribution that will be payroll deducted from their wages on a monthly basis.
Effective January 1, 2017, the Senior Program Managers elect to have $40 per month
deducted from wages into their individual VEBA account. Effective January 1, 2018, the
Senior Program Managers elect to have $50 per month deducted from wages into their
individual VEBA account. It is agreed by both parties that the Plan design shall be reviewed
during negotiations for a successor Agreement.
Effective January 1, 2020, the Senior Program Managers elect to have $75.00 per month
deducted from wages into their individual VEBA account.
Effective January 1, 2021, the Senior Program Managers elect to have $100.00 per month
deducted from wages into their individual VEBA account.
All of the other sections of Article XI (HEALTH INSURANCE) shall remain the same as stated in
the current contract.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
Sc tt A. Sullivan
Secretary -Treasurer Date q - t `s Date
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
1:
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 28
MEMORANDUM OF UNDERSTANDING
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
11.11 Western Conference of Teamsters Pension Plan: The bargaining unit may, during the term
of this Agreement, as a bargaining unit, elect to participate in the Western Conference of
Teamsters Pension Trust. Contributions shall be by pre-tax, consistent with Federal and
State Guidelines, by payroll diversion on all Teamsters pension eligible compensation and
shall be uniform by classification, with the exception of vacation cash outs and non -
bargaining unit work performed. If the bargaining unit votes to participate and in the future
liability is assessed against the City due to a Union proposed withdrawal from the Pension
Trust, said liability shall be paid by the bargaining unit members. Compensation pre-tax
diversions in effect at the time shall continue until such time each bargaining unit member's
proportional share of the withdrawal liability is satisfied.
a) The total amount of $520 per month (or $260 per pay period) due to the Trust
Fund for each monthly payroll period shall be remitted to the Administrator for
the Trust Fund in a lump sum by the City on or before the 20th of the month
for Teamster pension eligible hours compensated during the preceding month.
The City shall abide by reasonable rules as may be established by the
Trustees of said Trust Fund to facilitate the determination of the reporting and
recording of the contribution amounts paid for all bargaining unit Teamsters
employees. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding in
a timely manner.
b) When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit, any
overpayment including interest prepaid by the City on behalf of the employees
will be reimbursed to the City.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
r
By - � a , I
S tt A. Sullivan
Secretary-Treasurer
t
Date
CITY OF TUKWILA, WASHINGTON
By
Allan Ekberg
Mayor
Date
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 29