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HomeMy WebLinkAbout19-199 - Teamsters #763 - 2020-2022 Labor Agreement (Senior Program Manager Employees)Reference 19-199 Council Approval N/A MEMORANDUM OF UNDERSTANDING 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 01, 2020 through December 31, 2022 THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA, WASHINGTON (hereinafter referred to as the "City") 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"). 1. The City and the Union agree to add new classification titles. 2. Below is the updated table in Appendix "A" of the Senior Program Manager contract. SENIOR PROGRAM MANAGER CLASSIFICATION PAY RANGE Court Support Services Manager D61 Senior Program Manager D61 Emergency Manager D61 All other agreements of the contract will remain in full effect for the duration of this contract. PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWLA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By Date Chad 61ker Secretary -Treasurer /2r217" By Chief People Officer Date �_ ATTACHMENT C Teamster's Salary Grade Senior Program Manager: Position Title: Salary Grade: Court Support Services Manager D61 Emergency Manager 061 Senior Program Manager 061 LETTER OF AGREEMENT By and between CITY OF TUKWILA, WASHINGTON And PUBLIC, PROFESSIONAL, & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Maintenance/Trades, Professional/Supervisory, and Senior Program Manager Employees) January 01, 2020 through December 31, 2022 THIS LETTER OF AGREEMENT ("LOA") is by and between the CITY OF TUKWILA, WASHINGTON (herein after referred to as the "Employer") and the PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of Teamsters, (herein after referred to as the "Union"), representing the Maintenance/Trades, Professional/Supervisory, and Senior Program Manager Employees (collectively, the "Parties"). WHEREAS, the Agreement by and between the CITY OF TUKWILA, WASHINGTON and the PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of Teamsters (Representing the Maintenance/Trades, Professional/Supervisory, and Senior Program Manager Employees) dated January 1, 2020 through December 31, 2022 ("CBA") provides in Appendix A, Section A-6.1 for a Market Compensation Study for the Maintenance/Trades, Professional/Supervisory, and Senior Program Manager Bargaining Units as agreed upon in a previous Letter of Understanding signed by the Parties in 2018 that was extended by a Memorandum of Understanding signed by the Parties in 2019; and WHEREAS, Appendix A, Section A-6.1 of the CBA provided that "Positions in the Maintenance/Trades, Professional/Supervisory, and Senior Program Manager bargaining units found to be under market will be brought to market retro-active to January 1, 2021;" and WHEREAS, the Market Compensation Study has been completed and the Parties desire to amend the Wage Scale and Salary Grades for the positions in the Maintenance/Trades and Professional/Supervisory bargaining units found to be under market to be brought to market retroactive to January 1, 2021. NOW, THEREFORE, the Parties agree to amend the wage schedule located in Appendix A of the CBA and the Teamsters Salary Grade located in Appendix B of the CBA as follows: 1. As of the Effective Date of this LOA, The Amended Teamsters Wage Scales in Attachments A and B to this LOA and the Amended Teamsters Salary Grade in Attachment C to this LOA shall be retroactively implemented for the period of January 1, 2021 through the effective date of this LOA. 2. Employees who were employed in the poohk»no specified in Attachment 8to this CBA in 2021 who were still employed in such positions as of the effective date of this L{JA will receive retroactive pay for the time period beginning on January 1, 2021, or their first date of employment in such pooidon, whichever is shortest. Such retroactive pay oheU be the difference between the rate ofpay ineffect in2021 and the rate ofpay for such position that is set forth in the wage oom|o for January 1. 2021 — December 31. 2031 in Attachment A to this L[A. Employees who are eligible for retroactive pay under this Section 2 shall also receive retroactive pay for overtime work and work performed out of class in 2021. which shall be the difference between the rate of pay they received for such work when the work was performed in 2021 and the rate ofpay for such work based on the wage scale for January 1.2O21—December 31.2O21inAttachment 8tothis L[)8.Any amounts paid to eligible employees by the Employer pursuant to the CBA in effect for 2021 for vacation leave, sick leave, bereavement /eave, and sick leave buyouts for the 2021 calendar year shall also basubject tothe retroactive pay provisions set forth inthis Section 2. 3. The amended wage scale will be adjusted byB0% of CPI (June —June).which was O.90% for the wage year beginning January 1, 2021 through December 31, 2021. Employees who were employed in the positions specified inAttachment Ato this CBA in 2031 who were sd|| employed in such positions as of the effective date of this L{]A, will receive a retroactive CPI adjustment based on the wage scale in Attachment Ato this CBA for the time period beginning on January 1. 3021. ortheir first dote of employment in such position, whichever is shortest. Employees who are eligible for a retroactive CPI adjustment under this Section 3 shall also receive o retroactive CPI adjustment for overtime work and work performed out of class in 2021' which shall be the difference between the rate ofpay they received for such work when the work was performed in2D21 and the rate ofpay for such work based on the CPI adjustment set forth in this Section 3. Any amounts paid to eligible employees bythe Employer pursuant tqthe C}BAfor vacation leave, sick leave, bereavement |eave, and sick leave buyouts for the 2021 calendar year shall also be subject tothe retroactive CPI adjustment set forth in this Section 3. 4. The amended wage scale will be adjusted by 90% of CPI (June —June).which was5.67% for the wage year beginning January 1.2O22through December 31.2022. Employees who were employed in the positions specified in Attachment Ato this CBA in 2022 who were still employed in such positions as of the effective date of this LOA, will receive a retroactive CPI adjustment based on the vvm0e scale in Attachment B to this CBA for the time period beginning on January 1. 2022. ortheir first date of employment in such poaidon, whichever is shortest. Employees who are eligible for a retroactive CPI adjustment under this Section 4 shall also receive a retroactive CPI adjustment for overtime work and work performed out of class in 2022. which shall be the difference between the rate of pay they received for such work when the work was performed in 2022 and the rate ofpay for such work based on the CPI adjustment set forth in this Section 4. Any amounts paid toeligible employees bythe Employer pursuant to the CBAfor vacation leave, sick leave, bereavement |eave, and sick leave buyouts for the 2022 calendar year eho|| also be subject tothe retroactive CPI adjustment set forth in this Section 4. 5. The amended wage scale for 2023will also beused tocalculate retroactive adjustments from January 1. 2023 through the effective date of this LOA. Further retroactive adjustments for 2D23will take place once the CPI adjustment for 2O23 is known and the contract beginning January 1.2O23has been ratified. 6. Attachment A is the amended wage scale effective January 1, 2021. 7. Attachment B is the amended wage scale effective January 1, 2022. 8. Attachment C is the newly amended Salary Grades for the Teamster positions in the Maintenance/Trades and Professional Supervisory bargaining units. Employees in the Senior Program Manager bargaining unit will maintain their current salary grade. 9. Other than as set forth in this LOA, the CBA and all prior agreements between the Parties that were in effect as of the Effective Date of this LOA will remain in full force and effect. 10. The Effective Date of this LOA shall be the date of the signature of the last Party to sign it. THE UNDERSIGNED agree that they have read and understand and do hereby approve and agree to the terms of this LOA. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By Date Chad B-aker Secretary -Treasurer //'- By Date CITY OF TUKWILA, WASHINGTON Tilomas McLeod Mayor 1/2,21a4 ATTACHMENT A Amended Teamster's Wage Scale: January 1, 2021 — December 31, 2021 Step 1 Step 2 Step 3 Step 4 Step 5 New Salary Grade: t-10 3970 4167 4377 4595 4827 t-11 4110 4312 4531 4755 4997 t-12 4249 4463 4686 4922 5166 t-13 4398 4618 4849 5093 5348 t-14 4547 4769 5008 5260 5526 t-15 4705 4936 5182 5444 5719 t-16 4863 5106 5363 5628 5910 t-17 5033 5284 5551 5825 6117 t-18 5201 5465 5737 6026 6324 t-19 5383 5655 5938 6237 6546 t-20 5568 5845 6136 6448 6767 t-21 5762 6050 6351 6674 7004 t-22 5958 6257 6567 6897 7242 t-23 6167 6477 6797 7139 7495 t-24 6371 6692 7028 7380 7751 t-25 6594 6926 7274 7638 8023 t-26 6822 7164 7521 7896 8289 t-27 7060 7415 7784 8173 8579 t-28 7298 7662 8044 8450 8871 t-29 7553 7931 8325 8747 9182 t-30 7810 8201 8610 9042 9493 t-31 8083 8489 8910 9358 9825 t-32 8357 8776 9211 9674 10160 t-33 8648 9084 9533 10014 10515 t-34 8942 9389 9858 10352 10869 t-35 9254 9718 10203 10715 11249 t-36 9578 10058 10560 11090 11644 t-37 9913 10409 10929 11477 12050 t-38 10261 10774 11313 11879 12472 t-39 10620 11151 11708 12296 12909 t-40 10991 11541 12118 12726 13361 t-41 11375 11945 12542 13170 13829 t-42 11774 12364 12982 13632 14313 t-43 12186 12796 13436 14109 14813 t-44 12613 13244 13906 14602 15332 ATTACHMENT B Amended Teamster's Wage Scale: January 1, 2022 — December 31, 2022 Step 1 Step 2 Step 3 Step 4 Step 5 New Salary Grade: t-10 4196 4403 4625 4856 5101 t-11 4343 4557 4788 5025 5280 t-12 4490 4716 4951 5201 5459 t-13 4648 4880 5124 5382 5651 t-14 4804 5039 5292 5558 5840 t-15 4972 5216 5476 5752 6043 t-16 5139 5395 5667 5947 6245 t-17 5318 5584 5865 6155 6463 t-18 5496 5775 6062 6367 6683 t-19 5688 5976 6275 6590 6918 t-20 5883 6177 6484 6813 7151 t-21 6089 6393 6711 7052 7402 t-22 6296 6612 6939 7288 7652 t-23 6517 6844 7182 7543 7920 t-24 6732 7071 7426 7798 8191 t-25 6968 7318 7686 8071 8477 t-26 7209 7570 7948 8344 8759 t-27 7460 7836 8226 8636 9065 t-28 7712 8097 8500 8930 9374 t-29 7982 8380 8797 9243 9703 t-30 8252 8666 9098 9554 10031 t-31 8541 8970 9416 9889 10382 t-32 8830 9274 9733 10223 10736 t-33 9138 9599 10074 10582 11111 t-34 9449 9921 10417 10939 11485 t-35 9778 10269 10782 11322 11887 t-36 10122 10628 11159 11719 12304 t-37 10476 10999 11549 12128 12734 t-38 10842 11385 11954 12552 13179 t-39 11222 11784 12372 12993 13641 t-40 11614 12195 12805 13447 14119 t-41 12020 12622 13253 13917 14613 t-42 12442 13065 13718 14405 15124 t-43 12877 13522 14198 14909 15653 t-44 13328 13995 14695 15430 16201 ATTACHMENT C Amended Teamster's Salary Grade Maintenance/Trades: Position Title Salary Grade: Facilities Custodian t-12 Maintenance Worker t-12 Maintenance Technician t-14 Maintenance Specialist t-16 Facilities Maintenance Technician t-17 Fleet Technician t-18 Senior Maintenance Specialist t-18 Facilities Operations Technician t-19 Maintenance & Operations Specialist t-19 Senior Facilities Custodian t-20 Lead Maintenance Specialist t-20 Senior Maintenance & Operations Specialist t-20 Water Quality Specialist t-21 Fleet Technician Foreman t-23 Maintenance & Operations Foreman t-23 Facilities Operations Foreman t-23 ATTACHMENT C Amended Teamster's Salary Grade Professional/Supervisory: Position Title: Salary Grade: Development Review Engineer I t-25 Court Operations Supervisor t-25 Golf Maintenance Supervisor t-25 Parks Maintenance Supervisor t-25 Assistant Planner t-26 Emergency Management Coordinator t-26 Court Support Services Case Manager t-26 Traffic Operations Coordinator t-26 Parks/Facilities Project Coordinator t-26 GIS Coordinator t-26 Technology Operations Supervisor t-26 Telecommunications Analyst t-26 Database Administrator t-27 Database Systems Administrator t-27 Associate Planner t-27 Development Review Engineer II t-27 Environmental Specialist t-28 Fiscal Coordinator t-28 Recreation Superintendent t-28 Senior Planner t-28 NPDES Program Coordinator t-29 Records Program Coordinator t-29 Program Coordinator t-29 Maintenance & Operations Superintendent t-29 Development Review Engineer III t-29 Information Systems Project Analyst t-30 Program Manager t-30 Senior Fiscal Coordinator t-30 Project Manager t-31 Fiscal Supervisor t-32 Permit Supervisor t-32 Planning Supervisor t-32 IT Business Analyst t-32 Parks & Recreation Manager t-32 Fiscal Manager t-32 ATTACHMENT C Teamster's Salary Grade Senior Program Manager: Position Title: Salary Grade: Court Support Services Manager D61 Emergency Manager D61 Senior Program Manager D61 Reference 19-199 Council Approval 4/18/22 MEMORANDUM OF UNDERSTANDING by and between CITY OF TUKWILA, WASHINGTON And PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS TEAMSTERS LOCAL UNION NO. 763 (Representing the Senior Program Managers Employees) January 01, 2020 through December 31, 2022 Re: JUNETEENTH THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA, WASHINGTON (hereinafter referred to as the "City") and the PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS TEAMSTERS LOCAL UNION NO. 763, (hereinafter referred to as the "Union"), representing the Senior Program Managers Employees. Effective upon the execution of the MOU the parties agree that Juneteenth (June 19) will be added to the list of holidays that employees receive off with pay that are set forth in Article IX — Holidays, section 9.1. If June 19 falls on a Saturday, Juneteenth will be celebrated on June 18. If June 19 falls on a Sunday, Juneteenth will be celebrated on June 20. This MOU shall remain in effect through December 31, 2022, unless otherwise extended. Except as expressly amended by this MOU, all other agreements between the parties will remain in full force and effect. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By /� ice. By Scott A. Sullivan Secretary -Treasurer Date 4 - 2-q 202 Date CITY OF TUKWILA, WASHINGTON Mayor 19-199 Council Approval 11/18/19 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 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 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I DEFINITIONS 1 ARTICLE IV HOURS OF WORK 1 ARTICLE V EXPECTATION OF THE FLSA EXEMPT WORK WEEK 2 COMMON CLAUSES 3 ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 3 ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION 4 ARTICLE VI MONTHLY SALARIES 5 ARTICLE VII WORKING OUT OF CLASSIFICATION 5 ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 5 ARTICLE IX HOLIDAYS 8 ARTICLE X LEAVES 9 ARTICLE XI HEALTH INSURANCE 12 ARTICLE XII MISCELLANEOUS 15 ARTICLE XIII PERFORMANCE OF DUTY 17 ARTICLE XIV MAINTENANCE OF STANDARDS 17 ARTICLE XV MANAGEMENT RIGHTS 17 ARTICLE XVI WARNING NOTICE 18 ARTICLE XVII GRIEVANCE PROCEDURE 18 ARTICLE XVIII SEPARABILITY 19 ARTICLE XIX DURATION 20 APPENDIX "A" CLASSIFICATION AND MONTHLY RATES OF PAY 21 MEMORANDUM OF UNDERSTANDING - WORKING OUT OF CLASSIFICATION 26 MEMORANDUM OF UNDERSTANDING — VEBA PLAN 28 MEMORANDUM OF UNDERSTANDING - PENSION 29 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 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 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 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 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. AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 5 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 train ing. 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 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 regular job 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 (Senior Program Manager) PAGE 7 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: 9.2 9.2.1 9.2.2 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 An employee may select the personal holiday(s) each calendar year as Floating Holiday and the Employer shall grant the day(s) provided. The employee has been or is scheduled to be continuously employed by the Employer for more than four (4) months. 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 (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 CITY OF TUKWILA (Senior Program Manager) PAGE 9 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 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 (Senior Program Manager) PAGE 10 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 (Le. 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 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 - 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 (Senior Program Manager) PAGE 11 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 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) 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 (Senior Program Manager) PAGE 12 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. AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 13 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. 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 CITY OF TUKWILA (Senior Program Manager) PAGE 14 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. 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. AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 15 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 January 1, 2021 January 1, 2022 $240.00 $245.00 $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 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. AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 16 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 (Senior Program Manager) PAGE 17 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 determine such an appointee, they shall jointly request the Public Employment Relations AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 18 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 (Senior Program Manager) PAGE 19 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 ott A. Sullivan Secretary -Treasurer Date 1 Q - `'C By Date By Date CITY OF TUKWILA, WASHINGTON an Ekberg Mayor AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 20 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 DBM PAY RANGE Admin Support Assistant All Recreation Program Assistant Al 1 Admin Support Technician Al2 Fiscal Support Technician Al2 Technology Services Assistant Al2 Admin Support Specialist A13 Admin Support Coordinator B21 Bailiff B21 Fiscal Specialist B21 Recreation Program Specialist B21 Building Inspector I B22 Plans Examiner B22 Building Inspector II B23 Code Enforcement Officer B23 NPDES Inspector (Entry) B23 Payroll Specialist B23 Police Records Supervisor B23 Project Inspector (Entry) B23 Technology Services Specialist (Entry) B23 Building Inspector III B24 Director of Instruction -Golf B24 NPDES Inspector (Senior) B24 Project Inspector (Senior) B24 Recreation Program Coordinator B24/B31 Senior Plans Examiner B24 Emergency Management Specialist B25 Senior Electrical Inspector B25 Technology Services Specialist (Senior) B25 AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 21 MAINTENANCE/TRADES: CLASSIFICATION PAY RANGE Maintenance Worker Al 1 Facilities Custodian Al2 Maintenance Technician A13 Facilities Maintenance Technician B21 Maintenance Specialist B21 Facilities OPS Technician B22 Fleet Technician B22 Maint & OPS Specialist B22 Maintenance Specialist B22 Sr. Maintenance Specialist B22 Water Quality Specialist B23 Senior Facilities Custodian B23 Lead Maintenance Specialist B23 Senior Maint & OPS Specialist B23 Maintenance and OPS Foreman B24 Facilities Operations Foreman B24 Golf Maintenance Supervisor B31 Parks Maintenance Supervisor B31 PROFESSIONAL/SUPERVISORY CLASSIFICATION PAY RANGE Assistant Planner C41 Database Administrator C41 Database Systems Administrator C41 Fire Project Coordinator C41 GIS Coordinator C41 Traffic Operations Coordinator C41 Parks/Facilities Project Coordinator C41 Permit Coordinator C41 Probation Officer C41 Technology Operations Supervisor C41 Engineer C42 Environmental Specialist C42 Fiscal Coordinator C42 NPDES Coordinator C42 Fisheries Biologist C42 Maint & OPS Superintendent C42 Program Coordinator C42 Recreation Superintendent C42 Senior Planner C42 Information Systems Project Analyst C43 Program Manager C43 Project Manager C43 Senior Fiscal Coordinator C43 Fiscal Supervisor C51 IT Business Analyst C51 Parks & Recreation Manager C51 Planning Supervisor C51 Fiscal Manager C51 AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 22 SENIOR PROGRAM MANAGERS CLASSIFICATION Senior Program Manager PAY RANGE 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/B31 $5,905 $6,201 $6,508 $6,835 $7,177 B25/B32 $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 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 (Senior Program Manager) PAGE 23 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 TUKWILA (Senior Program Manager) PAGE 24 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 1 By Date S.'„ott A. Sullivan Secretary -Treasurer By dl4—d. Date By Date CITY OF TUKWILA, WASHINGTON Allan Ekberg Mayor Rdviewed by City Atto 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 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. 7.2 Process 1 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 o; Tea sters By C,,.� . � ft,if F,,) By S4.tt A. Sullivan Secretary -Treasurer Date p8� Date CITY OF TUKWILA, WASHINGTON Allan Ekberg Mayor it jai-)I9 AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 27 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 Date Sett A. Sullivan Secretary -Treasurer Date Date CITY OF TUKWILA, WASHINGTON Allan Ekberg Mayor 00-7119 Reviewed by City Atto1 I l/ d,.(, /l` ey 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 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 By Slott A. Sullivan Secretary -Treasurer Date Lit By Date Date CITY OF TUKWILA, WASHINGTON Allan Ekberg Mayor t/P-9 f 1(71 /R Attorney_ "'� evlewed6 fir~City Attorney AGREEMENT 2020 - 2022 CITY OF TUKWILA (Senior Program Manager) PAGE 29