The URL can be used to link to this page

Home My WebLink About09-126 - Teamsters #763 - 2009-2013 Labor Agreement (Administrative/Technical Employees)REFERENCE AGREEMENTS:09 -124 09 -125 09 -126 LETTER OF INTENT by and between CITY OF TUKWILA, WASHINGTON AND PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 THIS LETTER OF INTENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL OFFICE- CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. It is understood and agreed by and between the Employer and the Union that 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 need to be addressed to include reduced programs or service costs through reduction in force or compensated hours. The parties agree that 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 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. Specifically: City will apply contract language, using the current seniority list which will include the most recently hired employee in the bargaining unit. 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 affected bargaining unit are qualified to perform the remaining duties with limited training. The result of the meeting with the Union will be communicated to employees affected by the layoff or reduction in compensable hours. Effects bargaining will be completed as soon as possible thereafter. Nothing in this agreement shall serve as, or be construed as, a waiver of the Union's right to pursue a contractual grievance related to a layoff or reduction of compensable hours of any employee(s) in the bargaining unit. Likewise the Union's pursuit of any contractual grievance(s) 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. Letter of Intent is effective upon signing. PUBLIC, PROFESSIONAL OFFICE- CITY OF TUKWILA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By By David A. Grage Haggertto Secretary- Treasurer yor Date Y Date l Y 09 -126 Council Approval 5/4/09 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative /Technical Employees) January 01, 2009 through December 31, 2013 li AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2009 through December 31, 2013 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLEI DEFINITIONS ..............................1 ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................2 ARTICLE III UNION RIGHTS AND NON DISCRIMINATION ..............................2 ARTICLEIV HOURS OF WORK ..............................3 ARTICLEV OVERTIME AND CALLBACK ..............................4 ARTICLEVI MONTHLY SALARIES ..............................5 ARTICLE VII WORKING OUT OF CLASSIFICATION ..............................5 ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ..............................6 ARTICLEIX HOLIDAYS ..............................7 ARTICLEX LEAVES ..............................8 ARTICLEXI HEALTH INSURANCE .............................11 ARTICLEXII MISCELLANEOUS .............................13 ARTICLE XIII PERFORMANCE OF DUTY .............................14 ARTICLE XIV MAINTENANCE OF STANDARDS .............................14 ARTICLE XV MANAGEMENT RIGHTS .............................14 ARTICLEXVI WARNING NOTICE .............................14 ARTICLE XVII GRIEVANCE PROCEDURE .............................14 ARTICLEXVIII SEPARABILITY .............................15 ARTICLEXIX DURATION .............................16 APPENDIX "A" CLASSIFICATION AND MONTHLY RATES OF PAY .............................17 LETTER OF AGREEMENT -THREE QUARTER TIME EMPLOYEES .............................20 LETTER OF AGREEMENT CLARIFICATION ARTICLE V SECTION 5.1.2 and 5. 3 .............................22 LETTER OF UNDERSTANDING ARTICLE XI VISION INSURANCE .............................23 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2009 through December 31, 2013 THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I DEFINITIONS 1.1 As used herein, the following terms shall be defined as follows: 1.1.1 "Employer" shall mean the City of Tukwila, Washington. 1.1.2 "Union" shall mean Public, Professional Office Clerical Employees and Drivers Local Union No. 763, affiliated with the International Brotherhood of Teamsters. 1.1.3 'Bargaining Unit' shall mean all employees of the Finance Department, City Clerks Office, Office of Community Development (Planning Division and Building Division), Information Technology, Public Works Department, Parks and Recreation Department, Fire Department and Municipal Court, as listed in Appendix "A 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 Notwithstanding the provisions of Section 1.1.5 of the Labor Agreement, the Employer may employ temporary Recreation Leaders in excess of one thousand forty (1040) hours in a twelve (12) consecutive month period, provided that: 1.1.6.1 In no event shall the total hours worked by such employee in a twelve (12) consecutive monthly period exceed one thousand three hundred (1300) hours. 1.1.6.2 The reason the employee exceeded the one thousand forty (1040) hour threshold was due to a short period of full -time employment in the specific program for which the employee was originally hired. 1.1.6.3 Such employee is a bona fide high school or college student. 1.1.7 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix "A" to this Agreement. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 1 1.1.7.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the Employer for determining the employee's regular straight -time hourly rate of pay which is to divide the monthly salary by 173.33. (For example, an employee with a base monthly salary of $1,733.30 would be paid a straight -time rate of pay of $10.00 per hour). 1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an eligible employee may, by prearrangement, continue to receive the regular rate of compensation although he does not work. ARTICLE II RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION, 2.1 Recoanition The Employer recognizes the Union as the exclusive bargaining representative for the employees in the bargaining unit as defined in Article 1, Section 1.1.3. 2.2 Union Membershio It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and all those who are not members of the Union on the effective date of this Agreement shall, on or before the thirtieth (30th) day following the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after its effective date shall, on or before the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Union. 2.3 Pavroll 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. 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. 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. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 2 3.2 Union Investigative and Visitation Privileaes 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 or applicant for employment is discriminated against by reason of race, religion, creed, color, national origin, age, sex, marital status, sexual orientation, honorably discharged veteran or military status, Union activities or the presence of any sensory, mental or physical 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. 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 IV HOURS OF WORK 4.1 Hours of Work The workweek for regular full -time employees shall be comprised of four (4) or five (5) consecutive equal days of eight (8) or ten (10) consecutive hours of work (excluding the meal period) totaling forty (40) hours and two (2) or three (3) consecutive days off as determined by the department head. Except for employees at the golf course pro shop, at least one day off shall be a Saturday or Sunday. 4.2 Startina Times Each employee shall be assigned a regular starting time which shall not be changed without thirty -six (36) hours written notice, except in the case of civil disorder or natural disaster' and, if during this thirty -six (36) hour period an employee is deployed from an on -call, call -out or availability list, then Article 5.3 (Callback) shall apply. In the event an employee's regular starting time is changed without thirty -six (36) hours written notice, he shall be paid in accordance with the provisions of Article V, Section 5.1 or 5.1.1, Overtime, for all hours worked outside of the employee's normal work schedule. 4.2.1 Employees may have flexible starting times and working hours with mutual consent between the employee and the Employer. 4.3 Rest Breaks Employees shall receive a rest period of not less than fifteen (15) minutes, on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three (3) hours without a rest period. 4.4 Meal Periods The Employer shall provide each employee with one -half (1/2) hour for a meal between the third and fifth hour of each shift. The employee may add the two (2) fifteen (15) minute rest breaks to the meal period with the mutual agreement of the Employer. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 3 ARTICLE V OVERTIME AND CALLBACK 5.1 Overtime All work performed in excess of the work schedule as established pursuant to Section 4.1 shall constitute overtime and shall be paid for at one and one -half (1 -1/2) times the employee's regular straight -time hourly rate of pay for the first four (4) hours of overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the employee's regular straight -time hourly rate of pay; except that scheduled overtime on the employee's normally scheduled day off shall be paid at one and one -half (1 -1/2) times the employee's regular straight -time hourly rate of pay. 5.1.1 Overtime shall be paid at the rate of one and one -half (1 -1/2) times an employee's regular straight -time hourly rate of pay in increments of fifteen (15) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. 5.1.2 In computing overtime, all contractual holidays shall be considered as days worked. 5.2 Comoensatory Time In lieu of paid overtime, compensatory time -off may be utilized at the discretion of the employee subject to scheduling by the Department Director, or designee, and shall be banked at the rate earned pursuant to Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours of compensatory time. 5.3 Callback An employee who has left work and is called back to work after completion of a regular day's shift shall be paid a minimum of four (4) hours at one and one half (1 -1/2) times his regular straight -time hourly rate of pay. Should the employee's regular shift start less than two (2) hours from the time he started work on the callback, he shall receive one and one -half (1 -1/2) times his regular straight -time hourly rate of pay only for such time as occurs before his regular shift. 5.3.1 If the employee's Department Head or Division Manager (or designee) contacts an employee for the purpose of trouble- shooting outside normally scheduled employee work hours, and assistance is provided by the employee, the employee shall be paid overtime for a minimum of fifteen (15) minutes or actual time required to handle Employer business, but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15) minutes of overtime shall be included in the compensation paid at the overtime rate under Section 5.3 (Callback). 5.4 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 be reimbursed for the cost of a meal up to the following amounts. Breakfast $12.00 Lunch $15.00 Dinner $27.00 An amount in excess of that hereinbefore set forth shall be reimbursable to the employee provided such amount is reasonable under the circumstances and adequate justification and receipt(s) are provided. 5.4.1 The amounts for meal reimbursement set forth within Section 5.4 shall be increased at such time and in such amounts as may be provided for other employees of the Employer as stated in Section 03 -06 dated January 1, 2003, of the City Policy (Finance Department), or its successor policy(s). AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 4 5.4.2 Whenever an employee is authorized to work on a non scheduled overtime basis (i.e. overtime due to an emergency or call -in) he shall be provided with a meal or reimbursement in accordance with the provisions of Section 5.4 above if the hours worked exceed five hours. In such instances, employees shall receive an additional meal reimbursement for every five (5) hours in excess of the initial five (5) hour period. 5.5 Standbv Dutv Allowance An employee who is required to be available and subject to call shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day he is required to be on Standby Duty. The employee on standby shall carry a communication device (such as a pager or cell phone) and be able to respond immediately to callback situations, without restrictions or impairments. 5.5.1 In the event an employee who is on Standby Duty is called out, he shall be compensated in accordance with Section 5.3 above. In the event of a callback an employee on the standby list does not respond the City retains the right to utilize any other available personnel to respond to such callout. 5.5.2 Standby Duty time, as determined by the Employer, shall be rotated among those bargaining unit employees who have passed probation, have at least one year of experience in the assigned work, and have designated their preference to work standby duty. Each employee may designate his weekend preference prior to the standby duty rotation list being made and posted on the Union bulletin board. An employee may change his weekend standby duty coverage provided he obtains another employee from the standby duty list and notifies the Department Head or his designee at least twenty four (24) hours in advance. An employee may change his standby duty coverage with less than twenty -four (24) hours notice due to an emergency, with the approval of the Department Head or his designee. The Employer may trade standby duty assignments with another standby duty employee when a possible emergency situation is anticipated that requires a specific qualification, with at least twenty -four (24) hours notice to the employees affected. 5.5.3 The Employer shall retain the right to determine standby assignments. ARTICLE VI MONTHLY SALARIES 6.1 The monthly salaries of the employees covered by this Agreement are contained in Appendix "A" 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 is required and authorized to act in the capacity and perform the duties of a higher classification than that to which he is 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. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 5 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 commencing with the employee's most recent first date of hire. During this period, such employee shall be considered as being on trial, 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. 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 and his 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 Lavoff In case of a layoff, 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. The Employer shall provide an employee with at least two (2) weeks advance notification prior to layoff. 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 he 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 he has 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 him. 8.5 Job Vacancies When a regular job vacancy occurs, present employees shall be given first consideration for filling the vacancy, based on their length of service with the Employer and ability to perform the duties of the job, provided this Section does not conflict with any Federal or State Law. 8.5.1 Notices of regular job vacancies shall be posted on the bulletin board for five (5) work days. Present employees who desire consideration for openings shall notify the Employer in writing during the five (5) work day period the notice is posted. 8.5.2 Lateral Transfers An employee who is transferred shall remain on the pay range STEP he is 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, he shall remain at his current rate of pay until such time that he acquires 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 his anniversary date has passed. The employee shall advance to the next STEP in accordance with his original anniversary date. In no event shall the retroactive period be for more than twelve (12) months. 8.6 Senioritv 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, his present classification, his date of hire and his present rate of pay. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 6 ARTICLE IX HOLIDAYS 9.1 Employees shall receive the following holidays off with eight (8) hours compensation at their regular straight -time hourly rate of pay: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas Day Floating Holiday January 1st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1st Monday of September November 11th 4th Thursday of November December 25th At employee's choice 9.2 An employee may select the personal holiday each calendar year as Floating Holiday and the Employer shall grant the day provided. 9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for more than four (4) months. 9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the supervisor; provided however, the employee and the supervisor may agree upon an earlier date. 9.2.3 The number of employees selecting a particular day off does not prevent the Employer from providing continued public service. 9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall lapse, except when an employee has requested a personal holiday and the request has been denied. 9.2.5 Employees may take their personal floating holiday in one -hour increments. 9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. 9.4 Holidays For Regular Part-Time Employees Regular part-time employees shall receive holiday benefits on a pro rata basis. For example, if a regular part-time employee normally works four (4) hours per day and the department's normal work day is eight (8) hours, the employee shall receive four (4) hours compensation at this regular straight time hourly rate of pay for each contractual holiday and shall be subject to all the provisions of Article IX, Holidays. 9.5 Any work required to be performed by an employee on any of the afore referenced holidays shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours holiday pay. No employee shall be called on such holiday for less than four (4) hours. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 7 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 his accumulated continuous service. 10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of service. 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 leave shall accrue at the rate of forty -eight (48) hours following the sixth (6th) month of continuous employment and after regular status has been granted. An additional eight (8) hours annual leave shall accrue for each month of continuous employment thereafter, for a total of ninety -six (96) hours per year. TwentX -four (24) additional hours of annual leave shall be granted after the third (P), fourth (4 and fifth (5 years. After six (6) years of continuous employment, additional annual leave shall accrue on the employee's anniversary date in accordance with the following schedule: Beginning Additional Total Hours Year of Hours Accrued Accrued Service 7 32 128 8 40 136 9 48 144 10 56 152 11 64 160 12 72 168 13 80 176 14 88 184 15 Over 96 (maximum) 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 is 384. 10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate of pay for his unused annual leave, provided regular status has been attained. For each full month of employment the employee shall be allowed one twelfth (1/12th) of the annual leave to which he would be entitled if his employment were not terminating. If an employee is prevented by injury or illness from working a full month, he shall nevertheless be entitled to annual leave payment for that month, provided he has 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 he is entitled in any one (1) calendar year, as above specified, by reason of the urgent need of his continuous services or because of seasonal demand thereof, such employee, with approval of the head of his 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 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 8 10.1.6 The initial 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 his 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 he is 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 Reaular Part-time EmDIovees 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 his 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 eight (8) hours for each completed calendar month of service up to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's scheduled workweek, at the employee's regular straight -time hourly rate of pay from and including the employee's first (1 st) working day absent. 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. 10.2.1.1 Employees may use up to five (5) consecutive sick leave days and /or ten (10) total sick leave days a year for the care of dependents, pursuant to Section 10.2.1; provided however, employees who are absent three (3) consecutive days or longer shall be required to provide a qualified doctor certification upon request by the Employer. 10.2.2 A full -time employee who is on sick leave as specified in Section 10.2.1, for a period of five (5) days or longer shall, prior to being entitled to any compensation therefore, furnish without delay, a report from a qualified doctor which shall contain a diagnosis of the sickness, whenever possible. "Qualified doctor" shall be a duly licensed doctor of medicine. 10.2.3 In the event an employee terminates his employment, or such employment is terminated for any reason whatsoever with the Employer prior to using his accumulated sick leave time, he 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 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 9 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 he 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 Emolovees 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 Sick Leave Incentive Employees have adopted participation in an HRA/VEBA 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 HRA/VEBA Plan /Teamsters Local Union No. 763 Administrative /Technical 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 HRA/VEBA Plan/Teamsters Local Union No. 763 Administrative/Technical Plan. The City agrees to "buy out" sick leave hours of eligible employees at the rate of twenty -five percent (25 of the value of those hours over the maximum allowed for the employee's position with the City (i.e. over seven hundred twenty (720) maximum hours for regular full -time employees and a pro -rated amount based on hours over the maximum earned for regular part-time 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). Contributions for calendar years 2006, 2007, and 2008, are to be put in the employee's VEBA account pursuant to IRS rules governing VEBA Plans. 10.3 Bereavement Leave An employee who has a member of his 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. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 10 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 his return, the employee shall be assigned to the same position or to an equivalent position occupied before the leave. 10.6 Maternitv Leave Employees who are physically unable to perform the functions of their position because of pregnancy or childbirth shall be placed on leave without pay. Such leave shall not exceed six (6) months. Upon her return, the employee shall be assigned to the same position or to an equivalent position occupied before the leave. 10.7 Temporary Disabilitv 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 his /her physician on the status of his /her injury, with prognosis on his /her 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. 10.8 Liaht Dutv 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 his 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 will be made as to the employee's ability to perform the essential functions of the position and continued employment with the City. The employee will provide the City a copy of any written restrictions from the employee's physician. ARTICLE XI HEALTH INSURANCE 11.1 Medical Insurance The Employer shall contribute those premiums necessary to purchase medical care insurance for each full -time employee and his dependents under the City of Tukwila's Self- Insured Medical Plan. Such coverage shall not be less than that which existed under the Association of Washington Cities Plan "A" in place October 1989; provided however, the annual deductible shall be one hundred dollars ($100.00) per person and three hundred dollars ($300.00) per family. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 11 11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self Insured Medical Plan up to a maximum increase of ten percent (10 each year. In the event the monthly premiums increase more than ten percent (10 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 ten percent (10 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 ten percent (10 11.1.2 For employees who elect medical coverage through Group Health Cooperative, the Employer shall pay up to the maximum dollar amount contribution for the Self- Insured Plan for employee and dependent coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Group Health Plan shall be as determined by Group Health Cooperative. 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 his dependents under the City of Tukwila Self- Insured Medical /Dental plan. Such coverage shall not be less than that which exists under the AWC program #177, Plan "A" in place October 1989. 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 his dependents 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 Personnel 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. 11.5 Health Insurance for Regular Part-time Emolovees 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. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 12 11.6 Long -Term Disabilitv Effective January 01, 2000, 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. 11.7 Effective Date of Coveraae 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 will develop a VEBA PLAN to enable employees who are eligible to cash in accrued sick leave hours in accordance with Article 10.2.6 (Sick Leave Incentive) and contribute the amount to a VEBA account on behalf of the employee. 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 Non Pvramidinq Premium or overtime pay shall not be duplicated or pyramided. In no case shall premium or overtime pay be based on other than the regular straight -time hourly rate of pay. 12.3 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. 12.4 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 schedule training sessions on a regular basis. 12.5 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. 12.6 Safetv The Employer and employees shall comply with all applicable laws relating to safety. 12.7 Footwear Certain employees shall be 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 manufacturing provisions of American National Standard for Safety Toe Footwear, ANSI Z41.1 -1991. The Employer shall increase the safety footwear reimbursement each year of the Agreement as follows: January 1, 2009 $190.00 January 1, 2010 $195.00 January 1, 2011 $200.00 January 1, 2012 $205.00 January 1, 2013 $210.00 AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 13 This shall include Inspector and the Code Enforcement Officer position previously covered under the Supervisor Labor Agreement. Also, because the Plans Examiner's regular assignments require the employee to perform field operations duties from time to time, a reimbursement allowance of $150 in 2009 and 2011 of this Agreement shall apply for the purchase of approved safety footwear. 12.8 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. ARTICLE XIII PERFORMANCE OF DUTY 13.1 No employee shall strike or refuse to perform his assigned duties to the best of his 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. 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 ten (10) work days after the occurrence of the violation claimed by the Employer in such warning notice. 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 his 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 five (5) working days after it is presented to them. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 14 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 his designee by a Union Representative. The Mayor, or his designee, shall attempt to resolve the grievance within five (5) working days after it has been presented to him. 17.4 STEP III If the grievance is not resolved by the Mayor, Presiding Judge, or his 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 American Arbitration Association 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 his 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 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 15 ARTICLE XIX DURATION 19.1 This Agreement shall be in full force and effect on January 01, 2009, and shall remain in full force and effect through December 31, 2013, during which time no additional provisions shall be negotiated to become effective prior to January 01, 2014, except as provided herein. The Union and the Employer shall commence negotiations not later than September 15, 2013, for the purpose of establishing the terms and conditions of employment for the calendar year of 2014. PUBLIC, PROFESSIONAL OFFICE- CITY OF TUKWILA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brq#ierhood of Te msters By By 4� David A. Grage ,d" I Haggerto or 'h' Secretary Treasurer 4 Date 0° `l— Date v0 AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 16 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 Employees) January 1, 2009 through December 31, 2013 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 this bargaining unit and their corresponding Pay .Ranges for classifications covered by this Agreement shall be as follows: CLASSIFICATION Admin Support Assistant Aquatics Program Assistant Recreation Program Assistant Admin Support Technician Fiscal Support Technician Info Technician Assistant Admin Support Specialist Admin Support Coordinator Aquatics Program Specialist Bailiff Fiscal Specialist Graphics Specialist Info Tech Specialist (Entry) Recreation Program Specialist Business Community Liaison Code Enforcement Officer Database Administrator Engineer Technician Info Technology Specialist (Journey) Inspector (Entry) Marketing Communications Coordinator Plans Examiner Inspector (Journey) Police Records Supervisor Project Inspector (Entry) Director of Instruction -Golf GIS Coordinator Project Inspector (Journey) Recreation Program Coordinator Senior Plans Examiner Aquatics Program Coordinator CERT Specialist Police Management Assistant Senior Electrical Inspector DBM PAY RANGE All All All Al2 Al2 Al2 A13 B21 B21 B21 B21 B21 B21 B21 B22 B22 B22 B22 B22 B22 B22 B22 B23 B23 B23 B24 B24 B24 B24/B31 B24 B25 B25 B25 B25 AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 17 A.2 Effective January 01, 2009, the monthly rates of pay for each Pay Range for those classifications covered by this Agreement shall be as follows, which includes a four point two five (4.25 general wage increase: DBM Step 1 Step 2 Step 3 Step 4 Step 5 Pay Range 00 -12m I 13 -24m I 25 -36m I I 37 -48m 49m I All I $3,081 I $3,234 I $3,396 I $3,565 $3,745 Al2 I $3,296 I $3,460 I $3,635 I $3,818 I $4,007 A13 I $3,528 I $3,700 I $3,886 $4,081 I $4,287 B21 I $3,773 I $3,962 I $4,161 $4,367 I $4,585 B22 I $4,036 I $4,240 I $4,451 I $4,675 I $4,907 B23 I $4,319 I $4,536 I $4,761 $5,002 $5,251 1324/1331 I $4,622 I $4,855 I $5,095 $5,350 $5,618 625/1332 I $4,945 I $5,193 I $5,453 I $5,726 I $6,013 A.2.1 Effective January 01, 2010, the monthly rates of pay set forth within Section A.2 shall be increased by three point three seven -five percent (3.375 DBM Step 1 Step 2 Step 3 Step 4 Step 5 Pay Range 00 -12m 13 -24m I 25 -36m I I 37 -48m 49m I All I $3,185 I $3,343 I $3,511 I $3,685 I $3,871 Al2 $3,408 I $3,577 I $3,758 I $3,947 I $4,142 A13 I $3,647 I $3,825 I $4,017 $4,219 I $4,432 B21 I $3,900 I $4,096 I $4,301 $4,514 I $4,740 B22 I $4,172 I $4,383 I $4,601 I $4,833 I $5,073 B23 I $4,465 I $4,689 $4,922 $5,171 I $5,428 B24/1331 $4,778 I $5,019 $5,267 I $5,531 I $5,808 1325/1332 $5,111 I $5,368 $5,637 I $5,919 I $6,216 A.2.2 Effective January 01, 2011, the monthly rates of pay set forth within Section A.2.1 shall be increased by three point three seven -five percent (3.375 DBM Step 1 Step 2 Step 3 Step 4 Step 5 Pay Range 00 -12m 13 -24m 25 -36m 37 -48m 49m All I I $3,292 I I $3,456 I I I $3,629 I $3,809 I I I $4,002 Al2 I $3,523 I $3,698 I $3,885 I $4,080 I $4,282 A13 I $3,770 $3,954 I $4,153 I $4,361 I $4,582 B21 I $4,032 $4,234 I $4,446 I $4,666 I $4,900 B22 I $4,313 I $4,531 $4,756 I $4,996 I $5,244 B23 I $4,616 I $4,847 I $5,088 I $5,346 I $5,611 1 624/631 $4,939 I $5,188 I $5,445 I $5,718 $6,004 1325/1332 I $5,283 $5,549 I $5,827 I $6,119 $6,426 A.2.3 Effective January 01, 2012, the monthly rates of pay set forth within Section A.2.2 shall be increased by 90% CPI -W (June), with a minimum of 2.5% and a maximum of 4.5 A.2.4 Effective January 01, 2013, the monthly rates of pay set forth within Section A.2.3 shall be increased by 90% CPI -W (June), with a minimum of 2.5% and a maximum of 4.75°/x. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 18 A.3 Each STEP (A to B, B to C, C to D, D to E) shall be twelve (12) months in duration and migration from one STEP to the next shall become effective upon the employee's anniversary date of hire or the date of entry into his current classification. A.4 Lonaevitv Bonus Effective January 1, 2009, the 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.5 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 this bargaining unit. A.6 Differential Pav 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. PUBLIC, PROFESSIONAL OFFICE- CITY OF TUKWILA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Br therhood of Iyamsters I BY BY ti- 4DavidGrage Ji Hagge ayor `t Secretary- Treasurer Date 0 d� Date 0 0 C) AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 19 LETTER OF AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2009 through December 31, 2013 THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. It is understood and agreed by and between the Employer and the Union that, notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of employee called the "Three Quarter Time Employee Any employee working in this capacity shall be subject to the following modifications to the Labor Agreement. Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided however, these employees shall remain on the payroll for the full twelve (12) month calendar year. Three Quarter Time Employees shall be paid seventy five percent (75 of their regular hourly rate of pay during the nine (9) month period when they are actively working for the Employer. Twenty five percent (25 of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his banked compensation over the remaining three (3) month period that he does not work. These employees shall be paid these evenly disbursed amounts on the same regular pay dates established for other bargaining unit employees. Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time. All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be compensated during the pay period it was earned at one and one -half (1 -1/2) times his regular (100 hourly rate of pay. All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy five percent (75 of the regular premium with the remaining twenty -five percent (25 being paid for by the Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional), Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3) month period that the Three Quarter Time Employee does not actively work for the Employer, provided the employee pays his share of the premiums. Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at Seventy Five (75 of the regular rate set forth within the Labor Agreement. Vacation and sick leave benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is actively working for the Employer. Unused vacation and /or sick leave benefits shall be carried over from one year to the next in accordance with the terms of the Labor Agreement. AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 20 Three Quarter Time Employees shall be paid holiday pay at seventy -five percent (75 of the rate set forth within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the Three Quarter Time Employee as they occur at a seventy -five percent (75 of the rate set forth within the Labor Agreement. Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month period that they are not actively working for the Employer, but are receiving benefits and banked compensation from the Employer. PUBLIC, PROFESSIONAL OFFICE- CITY OF TUKWILA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Br therhooa of T Teamsters By By David A. Gr ge g gerton, Secretar Treasurer Date �s� A Date AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 21 LETTER OF AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2009 through December 31, 2013 THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. 1. To clarify the language of Article V, Section 5.1.2, it is understood and agreed by and between the Employer and the Union that, notwithstanding any provisions of the Labor Agreement to the contrary, the compensable hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non exempt employees, shall be considered as hours worked for the purposes of the FLSA rules governing overtime calculations. 2. To clarify the language of Article V, Section 5.3, it is understood and agreed by and between the Employer and the Union that, not withstanding any provisions of the Labor Agreement to the contrary, the above minimum call -back provision shall not apply to situations whereby the employee's work assignment is to attend public meeting(s). PUBLIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Br herhood of Tgemsters BY David A. Grage Secretary-Treasurer Date CITY OF TUKWILA, WASHINGTON By J' Hagge ayor Date q) l t o I AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 22 LETTER OF UNDERSTANDING by and between CITY OF TUKWILA, WASHINGTON And PBULIC, PROFESSIONAL OFFICE CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2009 through December 31, 2013 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) shall be amended as follow: 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 his 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. All of the other sections of Article XI (HEALTH INSURANCE) shall remain the same as stated in the current contract. PUBLIC, PROFESSIONAL OFFICE- CITY OF TUKWILA, WASHINGTON CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Br herhood of T amsters r B y By David A. Grage Haggert /��ry,6 r Secre7 reasurer J Date L I Date AGREEMENT 2009 2013 CITY OF TUKWILA (Administrative/Technical) PAGE 23 WASHIN -'ON TEAMSTERS WELFARE .JST 09_126 SUBSCRIPTION AGREEMENT Council Approval 5/4/09 COLLECTIVE BARGAININGAGREEMENT PROVIDING FOR PARTICIPATIONIN TRUST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. City of Tukwila (Administrative/Technical Employees) Teamsters Local Union No. 763 Employer Name Labor Organization (Union) Name 6200 Southcenter Blvd 14675 Interurban Avenue S., Suite 305 Address Address Tukwila WA 98188 Tukwila WA 98168 City State Zip Code City State Zip Code COLLECTIVE BARGAINING AGREEMENT The parties' Collective Bargaining Agreement is in effect from: January 1, 2009 to: December 31, 2013 New Account Renewal Account No. 105541 Approximate No. of Covered Employees 64 INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS Employer is: Public Entity Corporation State of Partnership Sole Proprietorship LLC If Partnership or Sole Proprietorship, provide name /s of the owner or partners: BENEFIT PLAN(S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof.) COVERAGE IN BARGAINING AGREEMENT (For renewals, list all coverages, not just changes) Medical Plan A B C Life /AD &D A $30,000 B $15,000 C $5,000 Time Loss A $400 /week B $300 /week C $200 /week D $100 /week LTD Long Term Disability Income Plan Disability Waivers Additional 9 months Disability Waiver of Contributions Medical only Domestic Partners Domestic Partners Medical Dental Plan A B C Domestic Partners Domestic Partners Dental Vision Plan EXT Domestic Partners Domestic Partners Vision Monthly Rate 11.35 0.20 Will there be any coverage changes before the Collective Bargaining Agreement's expiration? Yes No. If yes, attach a Subscription Agreement for each change. iFFECTIVE DATE OF CONTRIBUTIONS A Subscription Agreement must be submitted in advance of the effective date below. Contributions above are effective (month, year) March 20 08 based on employment in the prior month. ImDortant. Coverage is effective in the month following the month in which the contributions are due based on the Trust's eligibility lag month. For example, contributions effective April based on March employment will provide coverage in May. s'XPIRATION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above- referenced Collective Bargaining Agreement, the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing (with a copy to the Trust) of its intent to cancel such obligation five (5) days after receiving notice, whichever occurs first. The Trust reserves the right to immediately terminate participation in the Trust upon the failure to execute this or any future Subscription Agreement or to comply with the Trust Operating Guidelines as amended by the Trustees from time time. For Employer For Union Title /Assn _te C� Date Title �'�Sl�� Date �-4 ELIGIBILITY TO PARTICIPATE .1 V UST Eligibility for benefits is determine accordance with the requirements establisi n the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf. Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month. Eligibility will end according to the Trust's policy for employees who do not have the required number of hours and contributions in a month and who do not qualify for an applicable extension of eligibility, if any. Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover any and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for misreporting them (if applicable). REPORTING OBLIGATION AND CONSEOUENCES OF DELINOUENCY Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages, interest, attorney fees, and costs incurred in collecting the delinquent amounts. TR USTEES' A UTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the Trust and its benefits plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment, cost management, or changes in medical technology and treatment. MECHANISM FOR HANDLING CONTRIBUTIONINCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability. The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess employer contributions will be subject to the collective bargaining process. ACCEPTANCE OF TRUST AGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust the Trustees serving on the Board of Trustees and their duly appointed successors. Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining Agreement. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust. Date Administrative Agent Washington Teamsters Welfare Trust SA 28 (REV 01/07)