HomeMy WebLinkAboutSpecial 2022-02-28 Item 2D - Labor Agreements - Memorandum of Understanding for Firefighters / Collective Bargaining Agreements for Police Commanders, Police Sergeants and Non-Commissioned Police StaffCOUNCIL AGENDA SYNOPSIS
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Meeting Date Prepared by M or 's revieav Council revieav
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Spec 2. D.
ITEM INFORMATION
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 2/28/22
AGENDA ITEM TITLE Collective Bargaining Agreements
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date 2128
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAward
Mtg Date
❑ Pubhc Heanng
Mtg Date
ther
Mtg Date
SPONSOR ❑ Council ❑ Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PV
SPONSOR'S Council is being asked to ratify a Memorandum of Understanding for the
SUMMARY International Association of Firefighters Local #2088, and Collective Bargaining
Agreements for the Police Commanders Teamsters #117, Police Sergeants
Teamsters #117, and Non -Commissioned Police Staff United Steel Workers
#9241
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
G.
RECORD OF COUNCIL ACTION
DATE
2/28/22
MTG. DATE
ATTACHMENTS
2/28/22
Informational Memorandum dated February 4. 2022
Memorandum of Understanding with IAFF #2088
Collective Bargaining Agreement with Police Commanders Teamsters Local #117
Collective Bargaining Agreement with Police Sergeants Local #117
Collective Bargaining Agreement with United Steelworkers Local #941
��
OR
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Rachel Bianchi, Deputy City Administrator
CC: Mayor Ekberg
DATE: February 4, 2022
SUBJECT: Collective Bargaining Agreements
ISSUE
The Council is being asked to ratify collective bargaining agreements for the following
represented groups:
• International Association of Firefighters, Local 2088
• Police Commanders, Teamsters 117
• Police Sergeants, Teamsters 117
• Non -Commissioned Police Staff, United Steel Workers 9241
BACKGROUND
City staff negotiated the above-mentioned collective bargaining agreements (CBAs) within the
authority provided by the Council. With the exception of the IAFF 2088 MOU and the Police
Commanders, the other CBAs are for the years 2022-2024, or three years. The IAFF MOU is
a one-year roll over of the previous contract. The Police Commanders CBA is from 2022-2023.
All of the CBAs have been approved by their respective memberships.
RECOMMENDATION
Council is being asked to approve the CBAs via the Consent Agenda at the February 28, 2022
Council meeting.
ATTACHMENTS
• Memorandum of Understanding between International Association of Firefighters, Local
2088 and the City of Tukwila
• 2022-2023 Collective Bargaining Agreement between Police Commanders, Teamsters
117 and the City of Tukwila
• 2022-2024 Collective Bargaining Agreement between Police Sergeants, Teamsters 117
and the City of Tukwila
• 2022-2024 Collective Bargaining Agreement between Non -Commissioned Police Staff,
United Steel Workers 9241 and the City of Tukwila
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COUNCIL AGENDA SYNOPSIS
----------------------------------Initials--------------------------------- ITEM NO.
Meefinga Date Prepared by Mayor's review Council review
' 2/28/22 CT Spec
2.D. (1)
ITEM INFORMATION
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 2/28/22
AGENDA ITEM TITLE IAFF Local 2088 MOU Extending Labor Agreement through December 31, 2023
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date2/28/22
❑ Resolution
Mtg
❑ Ordinance
Mtg Date
❑ BidAward
Mtg Date
❑ Pubhc Heating
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW,'
SPONSOR'S IAFF Local 2088 MOU Extending Labor Agreement through December 31, 2023
SUMMARY
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
MTG. DATE
RECORD OF COUNCIL ACTION
2/28/22
MTG. DATE
ATTACHMENTS
2/28/22
IAFF Local 2088 MOU
351
352
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
And
TUKWILA FIREFIGHTERS, IAFF Local 2088
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 TUKWILA FIREFIGHTERS, LOCAL
2088, (hereinafter referred to as the "Union").
Effective January 1, 2023, the City and the Union agree to rollover (extend) the current labor contract
expiring on December 31, 2022, until December 31, 2023. The City and the Union agree to the following
terms:
1. The City and the Union agree that effective January 1, 2023, the Union shall receive 100% of
CPI -W (June to June).
2. The City and the Union agree that the existing MOU pertaining to the Retirement Management
Program or RMP will also be extended one year and all low two (2) additional Fire Fighters the
option to retire under the RMP. The provisions of the existing MOU will be followed for this
additional year.
All other agreements of the contract will remain in full effect for the duration of this extension.
SIGNED THIS DATE:
CITY OF TUKWILA
Allan Ekberg, Mayor
TUKWILA FIREFIGHTERS, LOCAL 2088
James Booth, Union President
353
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COUNCIL AGENDA SYNOPSIS
----------------------------------Initials--------------------------------- ITEM NO.
Meeting Date Prepared by M or 's review Council review
• 2/28/22 CT Spec
2. D. (2)
ITEM INFORMATION
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 2/28/22
AGENDA ITEM TITLE Police Commanders Teamsters Local 117 Labor Agreement 2022-2023
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date2/28/22
❑ Resolution
Mtg
❑ Ordinance
Mtg Date
❑ BidAward
Mtg Date
❑ Pubhc Heating
Mtg Date
ther
Mtg Date
SPONSOR ❑ Council ❑ Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PV
SPONSOR'S Police Commanders Teamsters Local 117 Labor Agreement 2022-2023
SUMMARY
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
MTG. DATE
RECORD OF COUNCIL ACTION
2/28/22
MTG. DATE
ATTACHMENTS
2/28/22
Police Commanders Teamsters Local 117 Labor Agreement 2022-2023
355
356
By and Between
TEAMSTERS LOCAL UNION NO. 117
Affiliated With The
International Brotherhood of Teamsters
REPRESENTING THE POLICE COMMANDERS
And
CITY OF TUKWILA
Term of Agreement
January 1, 2022 - December 31, 2023
357
TUKWILA POLICE COMMANDERS
TABLE OF CONTENTS
Article #
Title
PAGE
Agreement
1
1
Recognition and Bargaining Unit
1
2
Definitions
1
3
Dues Deduction
1
4
Hours of Work and Overtime Exemption
3
5
Management Benefits
3
6
Uniforms and Clothing
8
7
Salaries
8
8
Grievance Procedure
9
9
Management Rights
11
10
Civil Service
12
11
Non -Discrimination
12
12
Indemnification
13
13
Entire Agreement
13
14
No Strike and No Lockout
14
15
Savings Clause
14
16
Duration of Agreement
15
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City of Tukwila (Commanders)
AGREEMENT
This mutual agreement has been entered into by the Teamsters Local Union No. 117
(hereinafter referred to as Union), and the City of Tukwila (hereinafter referred to as
"City" or "Employer").
ARTICLE 1
RECOGNITION AND BARGAINING UNIT
SECTION 1. The City of Tukwila recognizes the Teamsters Local Union No. 117, as the
exclusive bargaining representative of the Police Department for all Police
Commanders of the Tukwila Police Department.
ARTICLE 2
DEFINITIONS
SECTION 1. For the purpose of this Agreement, the following definitions will control:
2.1 "Bargaining Unit" shall mean all regular full-time commissioned Commanders
who are employed by the City of Tukwila Police Department and working in the position
of Commander per PERC certification dated January 6, 2022 (PECB 134668-E-21).
2.2 "Employer" shall mean the City of Tukwila, Washington.
2.3 "Commander" shall mean all Commanders included in the bargaining unit as set
forth in Section 2.1 above.
2.4 "Union" shall mean Teamsters Local Union No. 117.
2.5 "Police Chief' shall mean the Police Chief or Police Chief's designee.
ARTICLE 3
DUES DEDUCTION
3.1 Notification — All employees working in the bargaining unit shall have the right
to become a member of the Union. The City will inform new, transferred, promoted, or
demoted employees prior to appointment into positions included in the bargaining unit
of the Union's exclusive representation status.
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City of Tukwila (Commanders)
3.2 Union Orientation — Within seven (7) calendars days of a new, transferred,
promoted, or demoted employee being appointed to a position within the bargaining
unit, the Union will be allowed thirty (30) minutes of presentation time for the purpose
of orienting the employee to Union membership.
3.3 Union Dues and Fees - The Employer, upon voluntary written authorization of
the employee, shall deduct from the first pay received each month by such employee,
the union dues, initiation fees and assessments for the current month and promptly
remit same to the appropriate officer of the Union. If dues are not deducted in one
month for any reason, they shall be deducted the following pay period. The amount of
such dues, fees and assessments are those currently in effect or as may hereinafter
be established. The City will deduct the dues, fees, and assessments on the first pay
day in the month. When an employee quits, is discharged or is laid off, any of the
foregoing amounts due will be deducted from the last pay payable. The Employer will
honor the terms and conditions of each employee's signed payroll deduction
authorization card.
3.4 Dues Cancellation — Employees may cancel their payroll deduction by written
notice to the Union in accordance with the terms and conditions of their signed payroll
deduction authorization card. The Union will provide the Employer notice of all
employees who are eligible for cancellation. The cancellation will become effective on
the second pay period after receipt of confirmation from the Union that the terms of the
employee's signed payroll deduction authorization card regarding cancellation have
been met.
3.5 Teamsters Legal Defense Fund — The Employer agrees to deduct from the
paycheck of each member covered by this Agreement who has so authorized it by
signed notice submitted to the Employer, the necessary fee, assessment, and regular
monthly fee to provide the Teamsters Legal Defense Fund. The Employer shall
transmit such fees made payable to "Teamsters Legal Defense Fund" sent to American
Legal Services, Inc.
3.6 Indemnification/Hold Harmless — The Union and employees covered by this
agreement agree to indemnify, defend and hold harmless the Employer from any and
all claims and liabilities, including legal fees and expenses incurred by the Employer in
complying with this Article and any issues related to the deduction of dues and fees,
unless such error was caused by the Employer's failure to maintain accurate records
after receiving notification of a cancellation of deductions. The Union shall refund to
the Employer any amounts erroneously paid by the Employer to the Union as union
dues, initiation fees and/or assessments, upon presentation of proper evidence.
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City of Tukwila (Commanders)
ARTICLE 4
HOURS OF WORK AND OVERTIME EXEMPTION
4.1 Police Commanders shall generally work forty (40) hours per week schedules.
Furthermore, the management nature of their position qualifies as an Executive
Exemption under the Fair Labor Standards Act and Washington State Minimum Wage
Act, and thus Police Commanders are salaried employees who are not paid overtime.
4.2 Flexible work schedules will be utilized as may be acceptable to the Police
Chief, after considering the coverage needed from the commander classification and
commander duty responsibilities.
4.3 In lieu of overtime pay, informal release time may be authorized in recognition
of the time demands of the positions, as mutually agreed by the bargaining unit member
and the Police Chief.
4.4 Longevity Pay
LONGEVITY PAY - Longevity pay shall be added to each Commander's base monthly pay
as follows:
Commander shall receive two percent (2%) at the anniversary date of five years (5) of
employment.
Commander shall receive four percent (4%) at the anniversary date of ten years (10) of
employment.
Commander shall receive six percent (6%) at the anniversary date of fifteen years (15) of
employment.
Commander shall receive eight percent (8%) at the anniversary date of twenty years (20)
of employment.
Commander shall receive ten percent (10%) at the anniversary date of twenty five years
(25) of employment.
ARTICLE 5
MANAGEMENT BENEFITS
Unless otherwise agreed, the provisions set forth in City of Tukwila Resolution no.
1700, dated November 9, 2009, shall continue to apply to police Commanders as
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City of Tukwila (Commanders)
outlined in the following provisions of the City Resolution:
1. Holidays - Commanders shall receive the following holidays in accordance with
existing city policy:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
Fourth of July
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
June 19th
(2) Two Floating Holiday
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Juneteenth
Commander's choice
In the event a holiday falls upon a Sunday, the following Monday shall be
deemed to be the legal holiday. In the event the legal holiday falls on a
Saturday, the preceding Friday shall be deemed to be the legal holiday.
The Floating Holidays must be taken during the calendar year of entitlement
or the days shall be forfeited.
2. Sick Leave - A Commander shall accumulate sick leave pay at the rate of
eight (8) hours for each completed calendar month of service, with an annual
carryover of up to 720 hours (e.g. 90 8 -hour days). Accumulated sick leave
shall be paid at the rate of eight (8) hours perdayatthe Commander's regular
straight time -hourly rate of pay from and including the Commander's
first(s)working day absent.
Sick leave benefits shall apply to bona fide cases of Commander's sickness,
accident, doctor, dental or ocular appointments, maternity leave, or the
illness or injury of a spouse or other dependent family member with a health
condition that requires treatment or supervision, and requests for
Commander's presence by immediate family, doctor or clergy due to
immediate family illness, or emergency.
Commanders who exceed seven hundred and twenty (720) hours of
accumulated sick leave will receive into their individual HRA VEBA account
twenty-five percent (25%) of the value of the accrued, unused sick leave
hours that they have earned in excess of seven hundred and twenty (720).
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City of Tukwila (Commanders)
Domestic Partner Benefits
The City of Tukwila Self -Insured healthcare plan extends dependent eligibility to
Commander's spouses, domestic partners and their children. The City provides
benefit coverage to a domestic partner of the same or opposite sex and dependent
children on the same basis as provided to a spouse and dependent children.
Eligibility for domestic partnership status will be established by presentation of proof
of a registered domestic partnership of the State of Washington or the submission
of an affidavit and documentation as required by the City's Personnel Policies.
Funeral Leave
A Commander who has a member of his/her immediate family taken by death or
who has been notified by a physician in attendance of imminent death may
request to use up to fifty-six (56) hours of leave of absence with pay. Immediate
family shall be defined as: spouse, registered domestic partner, mother, father,
mother-in-law, father-in-law, children (including registered domestic partner's
children in compliance with City Policy & Procedure #01-02-14), brother, sister,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and
grandchildren and any person acting in the capacity of a parent to the
Commander as a child (applying "in loco parentis" doctrine).
3. Medical Insurance
The Employer shall pay the full premium cost for medical coverage under the
Self -Insured Medical Plan for Commanders and their eligible dependents, up to
a maximum increase of eight percent (8%) each year. The City will pay one -
hundred percent (100%) of the Employees (Commanders) cost of medical
coverage, Commanders will pay thru wage deduction ten percent (10%) of the
cost of medical coverage for dependents. Any increase in premium costs above
eight percent (8%) will be paid by the Commanders through payroll deduction;
provided bargaining unit members shall not pay premium costs that exceed
those paid by members of the Tukwila Police Officers' Guild during the term of
this Agreement. The Union and the City agree that if the family premium sharing,
ten percent (10%) exceeds two hundred fifty dollars ($250.00) during the
contract term, the Union and the City will meet to bargain the impacts of the
increase.
In the event the monthly premium costs increase more than eight percent (8%)
throughout the duration of this agreement,. the Employer or the Union have the
right to reopen the Agreement to negotiate changes in the Self -Insured Medical
Plan benefit level so that the increase in medical premium costs does not exceed
eight percent (8%).
In August of each year the Tukwila Health Care Committee will meet to review
5
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City of Tukwila (Commanders)
the actual costs of the Self -Insured Medical Plan from September 1St of the
previous year through August 31 st of the current year. The actual costs, together
with any projected increase to the Tukwila Self -Insured Medical Plan, shall be
used by the City to determine the premium costs for the following year.
For Commanders who elect medical coverage through Kaiser-Permanente, the
Employer shall pay up to the maximum dollar amount contribution to the Self -
Insured Plan for Commander and dependent coverage. Any premium amounts
in excess of the Employer's contribution shall be paid by the individual
Commander through payroll deduction. Coverage under the Kaiser-Permanente
Plan shall be determined by Kaiser-Permanente.
Effective January 1, 2018, the Union accepts the following changes in plan
design: The changes are: Increase co -pays for Specialist to $40 (from $25).
Complex imaging to $100 (from $0), and Urgent Care to $50 (from $25) and
Change to the Envision Select Formulary.
4. Life Insurance
The City shall pay the premium for a Commander to purchase life and accidental
death and dismemberment insurance at one hundred percent (100%) of the
amount of the Commander's annual earnings, rounded up to the next higher
multiple of one thousand dollars ($1,000).
5. Vision/Optical
The City shall provide coverage for eye examinations and vision hardware and
contacts for each full-time Commander and his or her eligible dependents at the
rate of $250 per person, to a maximum 500 per family each calendar year.
6. Disability Insurance
The City shall provide one hundred percent (100%) of the premium for each full-
time Commander for a comprehensive long-term disability policy
7. Health Reimbursement/VEBA Benefits
Full-time Commanders shall be required to participate in the City of Tukwila
HRA/VEBA plan. Eligible Commanders shall join the HRA/VEBA plan effective
the first of the month following their date of hire with the City. The flat dollar
contribution amounts to be paid into the HRA/VEBA plan by each individual
Commander shall be as follows:
Plan Year 1 - effective date is upon the signing of this agreement - one year
later= $400 per month ($200 per pay period)
Plan Year 2 - effective date based upon plan year one= $400 per month ($200
per pay period)
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City of Tukwila (Commanders)
Plan Year 3 - effective date based upon plan year two = $400 per month ($200
per pay period).
Future changes to monthly contribution amounts or plan design changes will be
made when a successor labor agreement has been negotiated between the
parties.
8. Teamsters Retirees' Welfare Trust
Based on December 2021 hours, effective January 1, 2022 and on a monthly basis
thereafter, the City shall pay the sum of one hundred seventy five dollars ($175.00)
per month for benefits under the "RWT-XL Plan" during the period this Collective
Bargaining Agreement is in effect, the City agrees to remit payment to the Retirees
Welfare Trust, c/o NORTHWEST ADMINISTRATORS, INC., for each employee who
received compensation for eighty (80) hours or more in the previous month.
9. Maintenance of Benefits
The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare
Trust may modify benefits or eligibility of any plan (i.e. for the purpose of cost
containment, cost management, or changes in medical technology and
treatment). If increases are necessary to maintain the current benefits or eligibility,
or benefits or eligibility as modified by the Trustees during the life of the Agreement,
the City will pay such increases.
10. Vacations
Following the sixth (6t") month of continuous employment, full-time
Commanders shall be granted annual vacation leave in the amount of six (6)
full days (each day is calculated at eight hours regardless of schedule worked).
Thereafter, the Commander will accrue an additional day of annual leave each
month, up to a total of 14 days (i.e. 112 hours) per year. The maximum number
of accrued hours is 384 or 48 days.
Vacation Schedule:
Years of Service
Vacation Accrual
1 st thru 4 th years
14 days (112
hours
5 th thru 97 years
18 days (144
hours
1 oth thru 14 years
22 days (176
hours
15 plus years
24 days (192
hours
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City of Tukwila (Commanders)
11. Ordinance, Policies and Procedures
Except as otherwise provided by the terms of this Agreement, the City will
maintain the status quo under City ordinances, policies and procedures in regard
to mandatory subjects of bargaining, including benefits applicable to police
commanders. This includes, but is not limited to, issues such as: personnel files,
tuition reimbursement, internal affairs matters, leaves of absence, military leave,
and department work rules and supplemental agreements that the parties may
make during the term of the contract.
12. Vehicle Assianment
Police Commanders are currently assigned vehicles bytheCityforthe City's benefit
and Commanders are expected to take home and drive to work such vehicles.
The assignment of a take home vehicle is for the purpose of responding to
emergency operations and to attend required evening or weekend City meetings.
Police Commanders are expected to follow all city and department rules
regarding the use and maintenance of city vehicles. The City retains the right to
reduce the number of take home vehicles assigned to members of the bargaining
unit; provided that the Union retains the right to propose alternatives as well as
bargain the economic effects of doing so as may be required by RCW 41.56.
ARTICLE 6
UNIFORMS ANDCLOTHING
Uniform/Clothing/Dry Cleaning/Footwear Allowance - An annual allowance shall be
provided each Commander in the amount of $600.00 for cleaning of City issued
Uniforms, and the replacement of footwear. The City will continue to provide and
replace required uniforms and equipment on a fair wear and tear basis.
ARTICLE 7
SALARIES
7.1 Effective January 1, 2022, the wages of each Commander will be:
Title
Grade
Step
Monthly
Hourly
Commander
PC
1
$12,188
70.31
Commander
PC
2
$12,834
74.04
Commander
PC
3
$13,514
77.97
7.2 Effective January 1, 2022, all bargaining unit members shall have their base wage
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City of Tukwila (Commanders)
increased by one hundred percent (100%) of the Seattle -Tacoma -Bellevue CPI -W June to
June, 2020-2021.
7.3 Effective January 1, 2023, all bargaining unit members shall have their base wage
increased by one hundred percent (100%) of the Seattle -Tacoma -Bellevue CPI -W June to
June, 2021-2022.
7.4 The linkage of a minimum of twenty-five percent (25%) between the top step of
base pay ("Top Step") of the Sergeant in the Sergeant contract and the first step of pay for
Commanders (the "Differential Formula") is intended to provide stability and avoid potential
compression. Throughout the term of this Agreement, the Commanders will receive a pay
adjustment whenever there is a change in the Top Step in the Sergeant bargaining
agreement. The pay adjustment shall occur at the same time that the Sergeant adjustment
to the Top Step is effective. While each party reserves the right to seek a change in the
Differential Formula in future negotiations, any such change will require the party proposing
it to have a compelling basis for making the change.
7.5 Three percent (3%) Command Duty Officer (CDO) pay premium shall be paid to
all members for the time they are assigned as CDO.
Effective upon the date the last party signs the Agreement, the City agrees to an
annual stipend of $1500 per Commander as an education incentive allowance, payable in
the form of tuition reimbursement, not to exceed $6000 per year for the bargaining unit as
a whole. An individual Commander can assign his/her $1500 to another bargaining unit
member.
ARTICLE 8
GRIEVANCE PROCEDURE
8.1 Definition. A "grievance" means a claim or dispute by a Commander (or the UNION
on behalf of an Commander or Commanders or on its own behalf with regard to
matters effecting the Union as an entity) with respect to the interpretation or
application of the provisions of this Agreement.
8.2 Procedure:
A. Step 1:
A Commander or Union representative must present to his supervisor a
grievance in sufficient detail as to identify the claim or dispute within
fourteen (14) calendar days of its alleged occurrence (or knowledge of
the event giving rise to the grievance). The Commander's supervisor
shall attempt to resolve it within fourteen (14) calendar days after it is
presented to the supervisor.
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City of Tukwila (Commanders)
B. Step 2:
If either the Commander or Union is not satisfied with the solution by the
supervisor, a written grievance stating the section of this Agreement
violated, the facts of the case as seen by the grieving party, and the
remedy sought. Such itten grievance must be presented to the Chief
of Police (with a copy to the Administrative Services Director) within
fourteen (14) calendar days after receipt of the supervisor's answer in
step 1. The Chief of Police shall attempt to resolve the grievance within
fourteen (14) calendar days of its presentation to the Chief of Police.
C. Step 3:
If the Commander or Union is not satisfied with the solution by the Chief
of Police, the written grievance, together with all other pertinent
materials, may be presented to the Mayor or his/her designee by a
Union representative within (14) calendar days after receipt of the
Chief's answer in Step 2. The Mayor or his/her designee shall attempt
to resolve the grievance within fourteen (14) calendar days after it has
been presented to the Mayor.
D. Step 4:
Except as otherwise provided in this Article, if the grievance is not
resolved at Step 3, the grievance may, within thirty (30) calendar days,
be referred to arbitration by the Union. Except in the event that RCW
41.58.070 applies, the City and the Union shall try to agree upon a
mutually acceptable arbitrator. If the parties fail to agree, they shall strike
from a list of seven (7) arbitrators from the Federal Mediation and
Conciliation Service, with all arbitrators being members of the National
Academy of Arbitrators. The parties shall alternatively strike from the list
until only one name remains.
It shall be the function of the Arbitrator to hold a hearing at which the
parties may submit their cases concerning the grievance. The Arbitrator
shall decide the case based on the interpretation and application of the
provisions of the agreement within thirty (30) days after such hearing.
The decision shall be in writing together with specific facts and rationale
for deciding in favor of either party. The decision shall be final and
binding upon the parties to the grievance provided the decision does not
involve action by the City, which is beyond its jurisdiction.
Each party hereto will pay the expenses of their own representatives
(e.g. attorney's fees) and the expenses of the arbitrator will be borne
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City of Tukwila (Commanders)
equally by the parties hereto.
Neither the arbitrator nor any other person or persons involved in the
grievance procedure shall have the power to negotiate new agreements
or to change any of the present provisions of this agreement.
The Arbitrator shall have no right to amend, modify, nullify, ignore, add
to, or subtract from the provisions of this Agreement. The Arbitrator shall
consider and decide only the question of fact as to whether there has
been a violation, misinterpretation or misapplication of the provisions of
this Agreement. The Arbitrator shall have no authority to make a
decision on any issue not so submitted or raised. The City, Union and
any bargaining unit member shall not have a right to bypass the
arbitration provisions of this Agreement and resort to litigation or any
other forum to appeal a grievance based on rights under this Agreement.
Litigation or any other contest of any subject matter involving a
Commander or the Union in any court or other available forum shall
constitute an election of remedies and a waiver of the right to arbitrate
the matter.
8.3 Timeliness. It is the intent of this grievance procedure that the parties will
process grievances within the timeframes set forth herein. In the event the
grievance is not processed in the timeframes stated, then the matter shall be
considered resolved. If the City fails to comply with the timeframes herein,
then the grievance will automatically advance to the next step. The timeframes
may be extended by mutual written agreement of the parties.
ARTICLE 9
MANAGEMENT RIGHTS
All powers, authorities, functions and rights not specifically and expressly restricted by
this Agreement are retained by the City and shall continue to be subject to exclusive
management control.
Management rights shall include by way of illustration, but are not limited to the right
to:
Establish and modify reasonable rules and regulations for the operation of the
Police Department and the conduct and performance of its Commanders.
Determine and change Police Department budget, methods of operation,
facilities and equipment.
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City of Tukwila (Commanders)
Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend
Commanders in accordance with City of Tukwila Civil Service Rules and
Regulations.
Determine work schedules, number of personnel and the methods and
processes by which work is to be performed.
Determine mental, physical and performance standards.
Assign work and determine the duties to be performed by Police Commanders
including what work will be assigned to Police Commanders and what work will
be assigned to other personnel.
Determine the need for additional education courses, training programs, on-
the-job training, or class training; assign Commanders to such duties for periods
to be determined by the Employer.
To take whatever temporary actions are necessary in emergencies in order to
assure the proper functioning of the Department.
The Union agrees that its members shall comply in full with Police Department rules,
regulations, policies and procedures including those relating to conduct and work
performance.
ARTICLE 10
CIVIL SERVICE
City of Tukwila Civil Service Rules and Regulations shall continue to apply to
Commanders. Application of Civil Service Rules and Regulations by the Civil Service
Commission shall not be subject to the Grievance Procedure.
ARTICLE 11
NON-DISCRIMINATION
It is the continuing policy and recognized obligation of the City and the Union that the
provisions of this Agreement shall be applied uniformly as required by federal and state
employment laws that prohibit unlawful discrimination based upon race, color, religion,
creed, national origin, handicap, sexual orientation, marital status, gender, or age,
except where gender or age is a bona fide occupational qualification or any other class
protected by law.
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City of Tukwila (Commanders)
Disputes regarding this Article may be handled through either the grievance procedure
or the applicable regulatory agency, Including the City's Civil is Commission, but
not both.
All provisions of this Agreement shall apply equitably to all male and female
Commanders.
ARTICLE12
INDEMNIFICATION
12.1 The Employer shall indemnify , defend and hold harmless any Commander,
and the Commander's marital community, named as defendant in a lawsuit for alleged
acts or omissions of the Commander made in good faith during the course and in the scope
of the Commander's employment with the Employer; provided, that the Employer shall
not be required to indemnify, defend or hold harmless the Commander for any
dishonest, fraudulent or criminal act, intentional misconduct or gross negligence of
the Commander, orforanysuit brought against the Commanderby or on behalf of the
Employer. This protection shall apply only after written notice that the Commander
has been named as a defendant in the lawsuit is given to the City Attorney by the
Commander or the Guild. The Employer retains the right to select the counsel to
provide legal representation to the Commander pursuant to this Article in the Employer's
reasonable discretion.
12.2 The City or its insurance carrier has the right to select the counsel to provide legal
representation. The City or its insurance carrier will ensure that the attorney selected
has a high level of experience in representing law enforcement officers in the use of
force.
ARTICLE 13
ENTIRE AGREEMENT
13.1. The Agreement expressed herein in writing constitutes the entire Agreement
between the parties, and no oral statement shall add to or supersede any of its
provisions.
13.2. The parties acknowledge that each has had the unlimited right and opportunity to
make demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this
Agreement. Therefore, except as otherwise provided in this Agreement or by an
agreement to modify the terms of this Agreement, the Employer and the Union, for
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City of Tukwila (Commanders)
the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the
right to oblige the other party to bargain with respect to any subject or matter not
specifically referred to or covered in thisAgreement.
ARTICLE 14
NO STRIKE AND NO LOCKOUT
14.1 No Strike. During the life of this Agreement, neither the Union nor any officer,
agent, or Commander will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, or "sick-outs."
14.2 No Lockout. During the term of this Agreement, the City will not instigate a
lockout over a dispute with the Union so long as there is no breach of Section 1.
14.3 Union Official Responsibility. Each Commander who holds the position of
officer or steward or committeeman of the local Union occupies a position of special
trust and responsibility in maintaining and bringing about compliance with the provisions
of this Article. In the event of a violation of Section 1 of this Article, the Union agrees to
inform its members of their obligations under this Agreement, and to direct them to
return to work.
ARTICLE 15
SAVINGS CLAUSE
15.1 If any article of this Agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the reminder of this
Agreement and addenda shall not be affected thereby and the parties shall enter
immediate collective bargaining negotiations for the purpose of arriving at a mutual
satisfactory replacement of such article.
15.2 If any provisions of this Agreement are found by a court of competent jurisdiction
to be in conflict with current Civil Service Rules and regulations, the letter shall prevail
except in Union security provisions, in which case, the provisions of Article 20 shall
prevail. The Employer agrees that in the event that any provision of Civil Service Rules
and Regulations are suspended, abolished or modified, collective bargaining shall
proceed immediately with respect to any items what as a result of such change may
come within the discretion of the Employer, and the results of such bargaining shall be
made a part of thisAgreement.
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City of Tukwila (Commanders)
ARTICLE 16
DURATION OF AGREEMENT
Unless otherwise provided herein, this Agreement shall become effective on January 1,
2022. It shall remain in force until December 31, 2023. The Agreement may be opened
to negotiate a successor Agreement by either party giving notice in writing not later than
sixty (60) days prior to the expiration date.
CITY OF TUKWILA
ALLAN EKBERG
Mayor
Date
15
TEAMSTERS LOCAL UNION
NO. 117/IBT representing
COMMANDERS
JOHN SCEARCY
Secretary -Treasurer
Date
373
374
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials--------------------------------- ITEM NO.
Meeting Date Prepared by M or's review Council review
' 2/28/22 CT Spec
' 2. D. (3)
ITEM INFORMATION
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 2/28/22
AGENDA ITEM TITLE Police Sergeants Teamsters Local 117 Labor Agreement 2022-2024
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date2/28/22
❑ Resolution
Mtg
❑ Ordinance
Mtg Date
❑ BidAward
Mtg Date
❑ Pubhc Heating
Mtg Date
ther
Mtg Date
SPONSOR ❑ Council ❑ Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PV
SPONSOR'S Police Sergeants Teamsters Local 117 Labor Agreement 2022-2024
SUMMARY
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
MTG. DATE
RECORD OF COUNCIL ACTION
2/28/22
MTG. DATE
ATTACHMENTS
2/28/22
Police Sergeants Teamsters Local 117 Labor Agreement 2022-2024
375
376
By and Between
TEAMSTERS LOCAL UNION NO. 117
Affiliated With The
International Brotherhood of Teamsters
REPRESENTING THE POLICE SERGEANTS
'ft e,rjj
WJ
And
CITY OF TUKWILA
Term of Agreement
January 1, 2022 - December 31, 2024
377
TUKWILA POLICE SERGEANTS
TABLE OF CONTENTS
ARTICLE #
TITLE
PAGE
Preamble
1
Article 1
RECOGNITION AND BARGAINING UNIT
1
Article 2
UNION MEMBERSHIP AND DUES DEDUCTION
1
Article 3
WORKING OUT OF CLASSIFICATION
2
Article 4
HOURS OF WORK
3
Article 5
SALARIES
9
Article 6
PREMIUM PAY
10
Article 7
DEPARTMENT WORK RULES
11
Article 8
CLOTHING AND EQUIPMENT
13
Article 9
SICK LEAVE
15
Article 10
HOLIDAYS
16
Article 11
EDUCATION ALLOWANCE
17
Article 12
VACATIONS
18
Article 13
PENSIONS
20
Article 14
MEDICAL COVERAGE
20
Article 15
PROBATIONARY PERIOD
22
Article 16
DISCIPLINARY PROCEDURES
22
Article 17
MANAGEMENT RIGHTS
24
Article 18
GRIEVANCE PROCEDURE
25
Article 19
NO STRIKE
27
Article 20
LEAVES
27
Article 21
INDEMNIFICATION
27
Article 22
SAVINGS CLAUSE
29
Article 23
ENTIRE AGREEMENT
29
Article 24
SAFETY
29
Article 25
DURATION OF AGREEMENT
30
Appendix "A"
WAGE SCHEDULE REVISIONS
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City of Tukwila (Sergeants)
PREAMBLE
This mutual agreement has been entered into by the Teamsters Local Union No. 117 (hereinafter
referred to as "Union"), and the City of Tukwila (hereinafter referred to as "City" or "Employer").
The purpose of this Agreement is the promotion of harmonious relations between the Union and
the City; the establishment of equitable and peaceful procedures for the resolution of differences;
and the establishment of rates of pay, hours of work, and other terms and conditions of
employment.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
SECTION 1.1 Union. The City of Tukwila recognizes the Union as the exclusive bargaining
representative of the Police Department for all employees in positions certified by PERC on
December 9, 2021 (13446-PECB) as being within the Union's bargaining unit; provided that neither
party waives its right to petition the Public Employment Relations commission to add to or delete
from the above list in accordance with established time frames and procedures.
SECTION 1.2 Negotiations Sessions. Employees who serve on the Union negotiations
committee shall be allowed time off from duty with pay to attend negotiation sessions with the
Employer during working hours, provided prior notification is given to the Chief, or his/her designee,
and the time is mutually agreed upon. For the purposes of negotiations with the Employer, the
number of official representatives of the Union shall be limited to four members.
SECTION 1.3 Union Business. The City shall afford Union representatives a reasonable
amount of time while on -duty status to consult with appropriate management and/or aggrieved
employees, provided that the Union representatives and/or aggrieved employees contact their
immediate supervisors, indicate the general nature of the business to be conducted, and request
necessary time without interference with assigned duties. Employees who are subpoenaed to
appear as fact witnesses during a Civil Service Hearing, PERC hearing or Labor arbitration may
be allowed to attend without loss of pay, only during their testimony. For purposes of Union
business with Employer, the Union will notify the Employer as to its official representative (s).
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
SECTION 2.1 Notification. All employees working in the bargaining unit shall have the
right to become a member of the Union. The City will inform new, transferred, promoted, or
demoted employees prior to appointment into positions included in the bargaining unit of
the Union's exclusive representation status.
SECTION 2.2 Union Orientation. Within seven (7) calendars days of a new,
transferred, promoted, or demoted employee being appointed to a position within the
bargaining unit, the Union will be allowed thirty (30) minutes of presentation time for the
purpose of orienting the employee to Union membership.
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City of Tukwila (Sergeants)
SECTION 2.3 Union Dues and Fees. The Employer, upon voluntary written
authorization of the employee, shall deduct from the first pay received each month by such
employee, the union dues, initiation fees and assessments for the current month and
promptly remit same to the appropriate officer of the Union. If dues are not deducted in one
month for any reason, they shall be deducted the following pay period. The amount of such
dues, fees and assessments are those currently in effect or as may hereinafter be
established. The City will deduct the dues, fees, and assessments on the first pay day in
the month. When an employee quits, is discharged or is laid off, any of the foregoing
amounts due will be deducted from the last pay payable. The Employer will honor the terms
and conditions of each employee's signed payroll deduction authorization card.
SECTION 2.4 Dues Cancellation. Employees may cancel their payroll deduction by
written notice to the Union in accordance with the terms and conditions of their signed
payroll deduction authorization card. The Union will provide the Employer notice of all
employees who are eligible for cancellation. The cancellation will become effective on the
second pay period after receipt of confirmation from the Union that the terms of the
employee's signed payroll deduction authorization card regarding cancellation have been
met.
SECTION 2.5 Teamsters Legal Defense Fund. The Employer agrees to deduct from
the paycheck of each member covered by this Agreement who has so authorized it by
signed notice submitted to the Employer, the necessary fee, assessment, and regular
monthly fee to provide the Teamsters Legal Defense Fund. The Employer shall transmit
such fees made payable to "Teamsters Legal Defense Fund" sent to American Legal
Services, Inc.
SECTION 2.6 Indemnification/Hold Harmless. The Union and employees covered by
this agreement agree to indemnify, defend and hold harmless the Employer from any and
all claims and liabilities, including legal fees and expenses incurred by the Employer in
complying with this Article and any issues related to the deduction of dues and fees, unless
such error was caused by the Employer's failure to maintain accurate records after receiving
notification of a cancellation of deductions. The Union shall refund to the Employer any
amounts erroneously paid by the Employer to the Union as union dues, initiation fees and/or
assessments, upon presentation of proper evidence.
ARTICLE 3 - WORKING OUT OF CLASSIFICATION
SECTION 3.1 Commander/Deputy Chief. If a Sergeant is assigned by proper authority to
work out -of -class as a Commander or Deputy Chief for a period in excess of one day, he/she
shall be paid a premium of seven percent (7%) of the Sergeant's base wage per hour for the
entire period of assignment. Additionally, an employee eligible for premium pay pursuant to
Article 6 of this Agreement at the time he/she is required to work out of class as a Commander
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City of Tukwila (Sergeants)
or Deputy Chief shall continue to be paid such premium pay during the entire period of the
assignment. If an acting appointment is to extend beyond 30 calendar days, the Chief will
request a provisional appointment from the Civil Service Commission.
ARTICLE 4 - HOURS OF WORK
SECTION 4.1 GENERALLY. This Article is intended to define the normal hours of work,
to provide the basis for calculation of overtime, and to set forth the policy on compensatory time.
Compensation shall not be paid more than once for the same hours under any provision of the
Agreement. For the purposes of FLSA compliance, the Employer reserves the right to maintain
and modify, as necessary, work period designations for different shifts in accordance with FLSA
207(k). For example, this includes different work periods for different shifts (e.g. a 28 day work
period for employees on a 5-2 or 4-10 or 12 hour work schedules).
SECTION 4.2 SCHEDULES.
1. Patrol Division - 12 -Hour Work Schedule
Such schedule shall be three (3) consecutive twelve (12) hour days worked
followed by four (4) consecutive days off followed by four (4) consecutive
twelve (12) hour days worked followed by three (3) consecutive days off
during each fourteen (14) day period. The FLSA work period shall be 28
days.
2. Non -Patrol Schedule
The work schedule for Union employees assigned to non -patrol work will be
the equivalent of forty (40) hours per week on an annualized basis and the
normal work hours shall be four (4) consecutive ten (10) hour days worked
followed by three (3) consecutive days off during each seven day work
period.
3. Meal/Break Period
Schedules shall be inclusive of the meal period. Sergeants assigned to
Patrol on 12 -hour shifts will be allowed to take rest or meal breaks, duties
permitting, as two 30 -minute meal breaks and two fifteen -minute rest
breaks. Breaks may be combined; however, the City retains its
management rights to address performance issues and deny the combining
of breaks at the discretion of the Chief or his/her designee. While on either
meal break or rest, such sergeants may be subject to call for service.
All Sergeants, other than Patrol Sergeants, will be allowed a 30 -minute meal break and two
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City of Tukwila (Sergeants)
fifteen -minute breaks. Breaks may be combined; however, the City retains its management
rights to address performance issues and deny the combining of breaks at the discretion of the
Chief or his/her designee. While on either meal break or rest such sergeants may be subject
to call for service.
B. Staffing
The following policy will be adhered to except when unusual occurrences create increased
staffing needs (e.g. civil disorder, national disaster, holiday, significant event, etc.)
1. Staffing levels
The Chief agrees to discuss any staff configuration changes with the Union prior to making any
long-term adjustments in staffing levels. The Union recognizes the ultimate right of the Chief to
adjust staff levels within the department.
2. Staffing Administration
Current on duty staffing levels for patrol on each shift is one (1) supervisor and six (6) officers
up to two (2) hours prior to the shift, with the following exceptions:
a. During the two (2) vacation bids that occur in conjunction with the shift bids
twice a year, the City will allow vacation requests down to one (1) supervisor and
five (5) officers on each on -duty patrol squad.
With regard to "unusual occurrences", where practical, the Chief shall provide these dates prior
to the twice per year vacation bid. The holidays specified herein are the Day after Christmas,
the Day after Thanksgiving, the 4t" of July and New Year's Eve. The significant events
referenced herein are those events on any given day that may reasonably be expected to
threaten public safety if staffing levels are not increased as determined by the Chief or his/her
designee.
SECTION 4.3 Overtime. Except as otherwise provided in this Article:
A. Overtime Pay.
All Sergeants other than Patrol Sergeants shall be paid at the rate of time and one-half his/her
regular rate of pay for the first three (3) hours in excess of their regularly assigned schedule and
beginning the fourth (4th) hour at the rate of two (2) times his/her regular pay rate in one day.
B. Patrol Sergeants shall be paid at the rate of time and one-half his/her regular rate of pay
for all hours in excess of their regularly assigned schedule up to the 14th hour, and beginning
with the 14th hour at the rate of two (2) times his/her regular pay rate in one day. However,
employees who are granted the Rest Period provision in Section 4AD1 or 4.913 will be
compensated at the rate of time and one-half, and not at the double time rate for hours worked
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City of Tukwila (Sergeants)
for attending court or mandatory training.
C. Callback Authorization.
Sergeants are not allowed to activate themselves for administrative duties or law enforcement
duties without prior pre -authorization from command staff. Pre -authorization does not pertain to
police emergency situations where an "off-duty" sergeant needs to activate himself or herself to
an "on -duty" status in response to an emergency involving an immediate threat to human life, or
serious threat to person or property, or in response to a Code 3 request for officer assistance in
the City limits of Tukwila.
D. Callback and Court.
An employee who is required to work outside his/her regular shift, or on his/her day off (including
being called into court on matters arising directly from the Sergeant's employment as a Tukwila
police Sergeant) shall be guaranteed a minimum of four (4) hours pay at one -and -one-half times
his/her regular hourly rate of pay; provided the callback is not an extension after the employee's
normal shift. If the assignments require time over the three-hour minimum, all time over the
three hours and outside the employee's normal workday shall be paid at the applicable overtime
rate. An employee directed back to work for one hour or less before the next scheduled shift
shall be paid on the basis of the overtime actually worked and the overtime minimum shall not
apply.
Sergeants assigned to the graveyard/night shift who are scheduled for court during
hours the employee would not be regularly scheduled to work between two
scheduled graveyard/night shifts will be granted a ten (10) consecutive hour rest
period beginning when the court requirements/obligations are over and will not be
required to report back to work until the end of such rest period. In this instance
Sergeants will be compensated at time -and -one-half for their court attendance,
and double time will not apply. A Sergeant will not have his/her shift extended as
a result of the operation of this paragraph and the Sergeant will be paid, at the
regular straight time rate, for all hours he/she was scheduled on a graveyard/night
shift but did not work because of the above rest period.
E. Minor Work Contact Outside of Scheduled Work Hours.
If the Employer contacts an employee for work purposes outside of the employee's scheduled
work hours (by telephone, pager or otherwise), then the Employer shall compensate the
employee for the time spent during such contact at the rate of time -and -one-half the employee's
regular rate of pay. Compensation shall be for a minimum of fifteen (15) minutes and shall
continue for actual time spent during the contact in fifteen (15) minute increments. For example,
a five (5) minute call shall require compensation for fifteen (15) minutes; a sixteen (16) minute
call shall require compensation for thirty (30) minutes; a thirty-one (31) minute call shall require
compensation for forty-five (45) minutes and so on. Any actual call back to duty shall be
governed by subparagraph A and B. above.
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City of Tukwila (Sergeants)
F. Pyramiding. There shall be no pyramiding of overtime.
G. Off-duty Call-in Authorization. Employees who are called in to work while off duty for
an in -progress incident will be paid from the time they receive the call and have communicated
to the requestor: (1) that they are in route; and (2) when they can be expected to arrive.
Employees will respond to the incident in a reasonable and appropriate amount of time based
on their proximity or distance to the station or location. Pay will then continue until their duties
are completed in response to the issue or incident giving rise to the call. Employees will not be
paid for their travel or commute to their residence after their duties have been completed.
SECTION 4.4 Shift Change. Employer reserves the right to schedule employees to shifts,
provided this will not alter shift bidding procedures or be used to require employees to change
their schedules to avoid the payment of overtime, unless mutually agreed upon by Employer and
employee, with concurrence of a Union member. Employer will bargain over changes in shift
configurations (e.g. 6-3, 5-2, 4-10, 9/80, and 12 -hour shifts).
SECTION 4.5 Standby. The Employer and the Union agree that the use of standby time
shall be minimized consistent with sound law enforcement practices and the maintenance of
public safety. Standby assignments shall be for a fixed, pre -determined period of time not to
exceed ten (10) hours. Employees formally placed on standby status shall be compensated on
the basis of five (5) hours straight time pay for ten (10) hours of standby or fraction thereof. If
the employee is actually called back to work, normal overtime rules shall apply. Compensation
for standby shall not be paid in addition to overtime -minimum pay.
SECTION 4.6 Compensatory Time. Compensatory time is defined as time off granted
an employee as compensation for hours worked in addition to the employee's scheduled
workday or workweek.
A. Requesting Compensatory Time.
It is the responsibility of the employee to request compensatory time in lieu of overtime if so
desired. The Employer shall have discretion to determine whether compensatory time is granted
to the employee when compensatory time is requested by the employee in lieu of overtime.
B. Compensatory Time Rate.
The granting of compensatory time in lieu of overtime will be at the rate of one -and -one-half
hours for each overtime hour worked.
C. Maximum Compensatory Time Accrual
Individual accrual of compensatory time in lieu of overtime shall not exceed forty-eight (48) hours
(i.e. 32 hours at time -and -one-half).
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City of Tukwila (Sergeants)
SECTION 4.7 Kelly Days. Patrol Sergeants will be granted one hundred ten (110) hours
annually to compensate for the difference between the scheduled hours in the Patrol Work
Schedule and the scheduled hours in Non -Patrol Work Schedules. These hours will be referred
to as "Kelly Days" (and be scheduled the same as vacation). Employees may choose to use
these hours to schedule time off or to receive pay in lieu of time off or a combination of both.
Fifty-five (55) of these hours shall be credited on January 1 and fifty-five (55) of these hours will
be credited on July 1. A request for payment may only be made two (2) times per year, one time
in June and one time in December. A request for payment made by June 5 shall be paid by July
5. Any hours remaining on December 15 shall be paid on December 31, unless the employee
uses these hours prior to payment. Kelly Day pay will be calculated at the employee's straight
time rate of pay. The hours used by the employee to schedule time off will be administered in
the same manner as the holiday hours referred to in Article 10.
A. An employee transferring into or out of Patrol during a year shall receive (be credited with)
a pro rata number of paid Kelly hours that shall be paid out to the employee at the time of the
transfer.
Upon separation of employment, any unused Kelly day hours accrued up to that point will be
paid out on the final paycheck.
SECTION 4.8 Training. Training will be scheduled during the employee's regularly
assigned shift whenever reasonably feasible.
A. Outside Training.
1. A "shift" or "regularly assigned shift" is scheduled hours that remain the same for an
employee week after week. "Regularly scheduled days off' or "weekends" are the days off that
remain the same for an employee week after week.
2. The City may adjust an employee's hours and regularly scheduled days off to
accommodate training of 24 hours or more in a one-week period, subject to notice requirements.
The City may adjust for training under 24 hours if mutually agreed upon between the City and
the employee in order to reduce overtime and afford the ability for the employee to attend
requested training.
3. The intent of this shift adjustment is to allow employees to participate in training and to
better manage the cost of overtime. The City shall not require an employee to work more than
forty (40) hours per week without the payment of overtime. Employees whose schedules are
adjusted to attend training courses or conferences will be paid at time -and -one-half their regular
rate of pay for any hours worked in excess of eight (8) hours per day, and double time of their
regular rate of pay for any hours worked in excess of twelve (12) hours per day.
4. The City will give back to the employee any regularly scheduled day off that the employee
7
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City of Tukwila (Sergeants)
is required to work because of a shift adjustment. All days given back to employees shall be
taken consecutive to that employee's regularly scheduled days off. Nothing shall preclude the
City from giving back two (2) or more missed days off on separate weekends as long as each
missed day off is given back consecutive to that employee's regular scheduled days off.
5. All missed days off due to a shift adjustment will be rescheduled within seven (7) days of
the completion of training. The rescheduled day will be taken within sixty (60) days of the
completion of training. The sixty (60) day time period will be extended by mutual agreement of
the City, the Union, and the employee.
6. The City is limited to making only three (3) such adjustments per calendar year and each
adjustment may not last more than one (1) calendar week.
7. The employee and the Union must be given written notice of the shift adjustment seven
(7) calendar days before the adjustment for training is to occur. The City and the Union may
agree in writing to waive the seven (7) calendar days' notice requirement and/or the requirement
that the days off be taken consecutive.
B. Training for Patrol Sergeants Working Night Shift Schedule
This section only applies to Sergeants working the 12 -hour night shift schedule. It applies to
scheduled training of four (4) hours or more during hours outside the employee's regularly
assigned shift. The schedule does not apply to court time.
As used herein, an 8 -hour rest period is defined as, 8 -hours prior to the start or 8 -hours from the
end time of the training. It does not always equal 8 -hours of paid time off.
1. Training on First Work Day
Training will be paid at time -and -one-half. There will be an 8 -hour rest period (admin time) prior
to the start of training and an 8 -hour rest period (admin time) following the end of the training.
The patrol Sergeant will be paid, at the regular straight time rate for all hours he/she was
scheduled on the graveyard/night shift but did not work because of the rest period and the officer
will report to work the remainder of the shift following the rest period. The patrol Sergeant will
not have his/her shift extended as a result of this paragraph.
2. Training Mid -Week
Training will be paid at straight time. There will be an 8 -hour rest period (admin time) prior to the
start of training and an 8 -hour rest period (admin time) following the end of training. Following
the 8 -hour rest period, after training, the Sergeant will report for duty and work the remainder of
the scheduled shift. If there are multiple days of training the Sergeant will not report back to work
between the training days. The patrol Sergeant will not have his/her shift extended as a result of
the operation of this paragraph.
3. Training on Last Work Day
Training will be paid at time -and -one-half. There will be an 8 -hour rest period before the
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City of Tukwila (Sergeants)
beginning of the training.
C. Training for SWAT
The City retains the right to adjust the regular shifts of SWAT members to attend SWAT training.
When working an adjusted shift to attend SWAT training, SWAT members will receive straight
time for the first twelve (12) hours worked and time -and -one-half (1-1/2) for any hours in excess
of twelve (12) and will receive double time pay for any hours in excess of thirteen (13) hours.
SWAT members will be given a minimum of eight (8) hours rest before attending SWAT training
at no cost to them.
D. Employees Reporting back to Shift after Training
If the Sergeant is in training for less than a full twelve-hour shift, the employee may be required
to report back to his/her regular assignment at the conclusion of training. In the event the
employee is not required to report back to his/her regular assignment at the conclusion of
training, the employee will be paid for the entire shift, as long as the employee was in training
for eight (8) hours or more.
SECTION 4.9 Daylight Savings Time. Employees who are working on the graveyard
shift when the clocks are moved back one hour will be paid one hour at the overtime rate of time
and one-half. Employees who are working on the graveyard shift when the clocks are moved
forward one hour (other than those who are regularly scheduled to be off at 2 a.m.) shall have
the option of going off duty at their normal quitting time and utilizing one hour of vacation or
compensatory leave, or working an additional hour to complete normal shift hours without
additional compensation.
ARTICLE 5 - SALARIES
SECTION 5.1 Agreement. The Employer agrees to maintain salaries during the term of this
Agreement as set forth in Appendix A.
Effective January 1, 2022, The City and the Union agree that the linkage of a minimum of eighteen
percent (18%) between the top step of base pay ("Top Step") of the MPO 1 in the Officer's contract and
the first step of pay for Sergeants (the "Differential Formula") is intended to provide stability and avoid
potential compression.
Process:
1. Effective January 1, 2022, Sergeant pay shall be six percent (6%) above Top Step of MPO 1, (the
6% will be added to the final CPI increase received by the Tukwila Police Officers Guild, effective
January 1, 2022).
2. Effective January 1, 2023, Sergeant pay shall be twelve percent (12%) above Top Step of MPO
1, (the 12% will be added to the final CPI increase received by the Tukwila Police Officers Guild,
effective January 1, 2023).
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City of Tukwila (Sergeants)
3. Effective January 1, 2024, Sergeant pay shall be eighteen percent (18%) above Top Step of MPO
1, (the 18% will be added to the final CPI increase received by the Tukwila Police Officers Guild,
effective January 1, 2024).
Throughout the term of this Agreement, the Sergeants will receive a pay adjustment whenever there is a
change in the Top Step in the Officers bargaining agreement. The pay adjustment shall occur at the same
time that the Officers adjustment to the Top Step is effective. While each party reserves the right to seek
a change in the Differential Formula in future negotiations, any such change will require the party
proposing it to have a compelling basis for making the change.
SECTION 5.2 Additions. This Agreement shall be opened for the purpose of
negotiating salaries for new classifications affecting employees in the bargaining unit. Nothing
in this section shall preclude the Employer from establishing new positions or classifications.
SECTION 5.3 Longevity Pay. All Sergeants in the bargaining unit shall receive monthly
Longevity Pay in addition to their monthly base rate of pay as follow:
SERVICE TIME
MONTHLY AMOUNT
AFTER 5 YEARS
2%
AFTER 10 YEARS
4%
AFTER 15 YEARS
6%
AFTER 20 YEARS
8%
AFTER 25 YEARS
10%
ARTICLE 6 - PREMIUM PAY
SECTION 6.1 Premium Pay. Monthly premium pay equivalent to a percent of the top
sergeant monthly wage in the amount of five percent (5.0%) shall be paid to employees assigned
to the following specialties:
Auto Theft Task Force Sergeant
Community Police Team Sergeant (CPT Team)
Detective Sergeant
Professional Standards Sergeant
Special Weapons and Tactics Sergeant (SWAT)
TAC Team Detective Sergeant
Traffic/Motorcycle Sergeant
VNET Detective Sergeant
FTO Sergeant
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City of Tukwila (Sergeants)
This premium shall be paid in addition to the normal salary structure contained in Appendix A. In
no event may an employee receive premium pay for more than one specialty except that
employees assigned to SWAT who receive premium pay for another specialty will be paid as set
forth below.
SECTION 6.2 SWAT Pay. The SWAT premium pay can be stacked with another type of
premium pay to which an employee is entitled in the amount of 2% of the top police Sergeant
monthly wage, for a total combined premium pay of seven percent (7.0%) of the top police
Sergeant monthly wage. There will be no pyramiding of premium pay. In return, the City will
have the right to adjust the regular shifts of SWAT members to attend SWAT training, pursuant
to Article 4.9.C.
Equal premiums to Officers:
a. Education Premiums
b. Deferred comp matching $100 in 2022, $125 in 2023, parity with Guild in 2024
C. Night shift differential
d. CDU specialty premium parity with Officers
e. Parity with Officers instructor pay
Accreditation premium:
a. Accreditation premium of 1 %
ARTICLE 7 - DEPARTMENT WORK RULES
SECTION 7.1 Generally. The parties recognize that circumstances change from time to
time during the term of labor agreements that give rise to a need to discuss changes in hours or
working conditions (including the scope of bargaining unit work). In order to provide a convenient
forum to discuss these issues, the parties agree to the procedure set forth in Section 7.2.
SECTION 7.2 Procedure. This Agreement may be amended within the scope of this
Article provided both parties concur. Supplemental agreements may be completed through
negotiations between the parties at anytime during the life of this Agreement. A joint committee
comprised of representatives of the two parties will meet upon the request of either party to
discuss proposals related to work hours or changes in working conditions, including the scope
of bargaining unit work. Should either party desire to negotiate a matter of this kind, it shall notify
the other party in writing of its desire to negotiate. Supplemental agreements thus completed
will be signed by an authorized representative of the Employer and Union, with a copy to the
Human Resources Director.
Should either party (through the Union, Police Chief, or their designee), having been notified of
the proposed supplemental language, not respond by requesting a meeting of the joint
committee within thirty (30) calendar days, the proposed language shall be considered
acceptable and shall be forwarded to the other party for signature. Supplemental agreements
thus completed shall become a part of this Agreement.
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City of Tukwila (Sergeants)
In those cases where the parties cannot agree, the parties agree, upon the request of either
party, to expeditiously proceed directly to request a PERC mediator within a 30 -day period and,
if necessary, to proceed to interest arbitration on the issue as provided in RCW 41.56 et seq.,
using one of the arbitrators selected in the grievance procedure. The parties agree to waive the
appointment of partisan arbitrators and that the matter will be heard by an arbitrator selected in
the same manner as is provided in the grievance procedure. Neither party may be required to
arbitrate a proposal, which, if granted, would require the Arbiter to change an express term of
this Agreement.
SECTION 7.3 Work Rotation. The rotation of personnel between shifts shall be minimized
within the limitations of providing an adequate and efficient work force at all times, as determined
by the Employer.
SECTION 7.4 Personnel File:
A. Ownership. The personnel files are the property of the Employer. The Employer agrees
that the contents of the personnel files, including the personal photographs, shall be confidential
and shall restrict the use of information in the files to internal use by the Police Department. This
provision shall not restrict such information from becoming subject to due process by any court of
administrative tribunal or subject to a public records request. It is further agreed that information
may be released to outside groups subject to the approval of both the Employer and employee;
provided, that nothing in this section shall prevent an employee from viewing his/her original
personnel file in its entirety upon request. The Police Chief, City Administrator, Deputy City
Administrator, City Attorney, and their designees shall have access to the individual personnel files
in the normal course of their responsibilities. At the discretion of the Chief or his/her designees, file
material shall be released to another law enforcement agency doing employment background upon
proof of a signed release of the individual in question.
B. Availability. The application and examination papers of a certified eligible shall be available
for inspection by the appointing authority, the Chief of Police and the affected employee. Such
papers shall also be made available to the Union at the request of the affected employee.
C. Employee rights. Employees shall have the right to review any and all items placed in
his/her personnel file and shall have the right to request of the Chief that any complaint be
withdrawn; provided removal of the record is lawful pursuant to the Washington state local
government record retention requirements. In the event that such complaint is not withdrawn if
such request is made, the employee may invoke the provisions of Article 20. Except that no
material shall be removed from the file during that period of time that the employee is specifically
named in any civil litigation in his/her capacity as an employee which pre -dates or is relevant to the
litigation.
D. Employer rights. The Employer shall have the right to purge employee files from time to
time as deemed necessary, with all purged items being returned to the employee for his/her own
disposition. The Employer shall follow state law and all applicable City and Department policies
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City of Tukwila (Sergeants)
and procedures governing these files. Employees are encouraged to review their personnel files.
ARTICLE 8 - CLOTHING/EQUIPMENT
SECTION 8.1 Uniforms and Equipment. The City shall (at its expense) issue and
maintain uniforms and equipment for each commissioned Sergeant under a quartermaster
system.
SECTION 8.2 Quartermaster System. Any garments, clothing and/or devices required
by the Employer shall be furnished and maintained as needed and as approved by the Employer.
The City and Union have developed the following list of the minimum required/issued items,
which may be amended by mutual agreement. All items issued under the quartermaster system
shall meet Police Department standards.
A. All Bargaining Unit Employees:
Five (5) Uniform Shirts (at least one shirt will be long sleeve)
Three (3) Uniform Pants
One (1) Uniform Jacket
One (1) Uniform Dress Hat
One (1) Baseball Hat
One (1) Uniform Tie
One (1) Uniform Tie Clasp
One (1) Uniform Jumpsuit to a maximum of $350 (upon successful completion of
probation)
One (1) Gore-Tex Uniform Raincoat
One (1) Duty Firearm
Two (2) Sets of Handcuffs
One (1) Duty Baton
One (1) Duty OC Canister
One (1) Uniform Badge
One (1) Uniform Hat Badge
Five (5) Uniform Name Tags (sew on)
One (1) Uniform Name Tag (Pin Type)
One (1) Soft Body Armor (Threat Level 3A or Greater)
One (1) Flashlight with Charge
Duty Belt
Belt
Pants belt
Four (4) keepers
Security holster
Double magazine pouch
Cuff case(s), either one (1) double or two (2) single cuff cases
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City of Tukwila (Sergeants)
OC case
Radio case
Key case
Glove case
Stick ring
Flashlight ring holder
B. Traffic issue:
Two (2)
Uniform britches
One (1) pair
Motorcycle boots in accordance with Section 8.2G
below
One (1)
Leather jacket
One (1) set
Raingear
One (1)
coveralls
Two (2)
pair Safety gloves (winter & summer)
One (1)
Eye protection
One (1)
Helmet
C. Detectives and plain clothes assignments and CPT Team:
One (1) Hidden agenda jacket
One (1) Undercover holster, cuff case, ammo pouch
One (1) Coveralls
Credential wallet & badge
D. Community
assignment)
Two (2)
Two (2)
Two (2) pair
One (1) pair
One (1)
One (1)
One (1) pair
One (1) pair
Two (2)
Two (2) pair
One (1)
One (1)
Police Team: (with bikes uniforms and equip as applicable to
Bike uniform shirts, long sleeve
Bike uniform shirts, short sleeve
Bike uniform shorts
Bike uniform winter pants
Bike uniform coat
Hidden agenda jacket
Footwear in accordance with Section 8.2H below
Eye protection
Bike helmets
Safety gloves (winter & summer)
Undercover holster, cuff case, ammo pouch
Stinger flashlight with charger
E. Footwear. Basic duty footwear. All employees shall be entitled to elect either
shoes or boots. The City's maximum expenditure is $125 for shoes (to be replaced on
an as needed basis) or $200 for boots other than motorcycle boots or bicycle footwear
(to be replaced on an as needed basis). The individual employee shall pay any overage.
Detectives may choose either basic uniform duty shoes or boots or dress shoes or boots.
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City of Tukwila (Sergeants)
F. Motorcycle Boot. Motorcycle boots and britches (with turn -in of work equipment
and in accordance with Department policy). Motorcycle boots shall be in addition to basic
duty footwear.
G. Community Police Team Footwear. Bicycle footwear (with turn -in of worn
equipment and in accordance with Department policy). Bicycle footwear shall be in
addition to basic duty footwear.
SECTION 8.3 Dry Cleaning. The City will pay $250 per year directly to employees and
employees will pay for dry cleaning.
SECTION 8.4 Plain Clothes (Non -Uniformed) Assignments. Employees assigned to a
plainclothes Unit shall receive an annual clothing allowance in the amount of three hundred fifty
dollars ($350). The clothing allowance shall be paid in the employee's first paycheck in December
of each year. The clothing allowance shall be prorated to reflect assignment to a plain clothes Unit
for any period of less than a year.
ARTICLE 9 - SICK LEAVE
SECTION 9.2 LEOFFII. Uniformed employees hired under the provisions of LEOFF II are
excluded from the provisions of RCW 41.26.150 and shall receive sick leave benefits as follows:
LEOFF II employees shall be entitled to and awarded twelve (12) days of paid sick leave upon
date of employment with the Employer. Beginning with the thirteenth (13th) month of continuous
service, each employee shall accrue eight (8) hours of paid sick leave per calendar month of the
employee's active service up to an annual carry over of ninety (90) days of sick leave (i.e. 720
hours).
SECTION 9.3 FAMILY SICK LEAVE.
A. Employees shall be allowed to use sick leave or other paid time off to attend to the illness
or health condition of immediate family members (i.e., a child, spouse, parent, parent -in-law, or
grandparent of the employee).
SECTION 9.4 Separation of Employment. In the event an employee terminates his/her
employment, or such employment is terminated for any reason whatsoever with the Employer prior
to using his/her accumulated sick leave time, he/she shall be entitled to pay equal to twenty-five
percent (25%) of the amount payable for any unused sick leave unless terminated during the
probationary period. If a probationary employee has used more than eight (8) hours of sick leave
per month worked, any additional amount of sick leave used shall be subtracted from the
employee's final paycheck.
SECTION 9.5 Domestic Partner Benefits. Employees will be eligible for domestic partner
benefits in accordance with City Policy.
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City of Tukwila (Sergeants)
SECTION 9.6 "Light Duty" is a temporary assignment that may be made by the Employer
when an employee is restricted from performing the duties of his or her job as determined by
their treating physician. If a light duty assignment is made available, the Chief or his designee
will determine the assignment, length of assignment and work schedule based upon the
restrictions provided by the treating physician. The light duty assignment will not exceed six
months without approval of the Chief. This section is not intended to be more restrictive than
applicable state and federal law, including RCW 41.04.505 and RCW 41.04.520.
ARTICLE 10 - HOLIDAYS
SECTION 10.1. Employees shall receive holidays in accordance with existing City ordinances,
at times, which are mutually agreeable to both the Employer and the employee.
A. Holidays Listed. The following are established as holidays:
January 1.........................................................New
Year's Day
Third Monday in January .....................
Martin Luther King's Birthday
Third Monday in February .....................................
Presidents' Day
Last Monday in May ..............................................
Memorial Day
June 19t"...............................................................
Juneteenth
July 4 ..........................................................
Independence Day
First Monday in September .........................................
Labor Day
November 11.......................................................Veteran's
Day
Fourth Thursday in November.............................Thanksgiving
Day
Fourth Friday in November ...........................Day
after Thanksgiving
December 25............................................................Christmas
B. Method of Payment.
A. Patrol — Patrol bargaining unit employees will be given a one -hundred -thirty-two
(132) holiday hour bank during each anniversary year of the current collective
bargaining agreement, in lieu of receiving holidays under Section 10.1A above.
Sixty-six (66) of these hours shall credited on January 1 and sixty-six (66) of these
hours shall be credited on July 1. Patrol employees may choose to use these hours
to take time off, to receive pay in lieu of time off, or a combination of both. A request
for payment may only be made by an employee two (2) times per year, one time in
June and one time in December. A request for payment made by June 5 shall be
paid by July 5. Any hours remaining on December 15 shall be paid on December
31, unless the employee uses these hours prior to payment. Holiday pay will be
calculated at the employee's straight time rate of pay.
Upon separation of employment, any unused holiday hours accrued up to that
point will be paid out on the final paycheck.
1. Non -Patrol — Non -Patrol bargaining unit employees, not assigned to patrol work full-time,
shall continue to work a four (4) ten (10) hour day schedule during a holiday week. (CBD Team
included)
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City of Tukwila (Sergeants)
a. Regularly Scheduled Work Day. If a holiday is observed on the employee's
regularly scheduled work day, the employee shall be given the day off and shall be paid ten
(10) hours of holiday pay. Employees shall not receive a floating holiday.
b. Regularly Scheduled Day Ofif. If the holiday is observed on the employees regularly
scheduled day off, the employee shall be paid 10 hours of holiday pay.
If an employee is called into work on the holiday and the employee works a full shift on such
holiday, the employee shall be paid double time and one-half for all hours worked on the
holiday during the employee's regularly scheduled shift. All hours worked in addition to the
employee's regularly scheduled shift on a holiday shall be considered overtime and paid in
accordance with Section 4.3. of this collective bargaining agreement.
If an employee is called into work on the holiday and the employee works less than a full
shift on such holiday, the employee shall be paid double time and one-half for all hours
worked on the holiday and shall be paid holiday pay at his/her regular rate of pay for the
remainder of his/her ten (10) hour shift.
Holiday pay will be calculated at the employee's straight time rate of pay.
ARTICLE 11 -EDUCATION ALLOWANCE
SECTION 11.1 Education Allowance.
All Sergeants holding at least an AA degree or two (2) years of college (ninety credit hours for
quarters and sixty credit hours for semesters) toward a bachelor's degree in an approved field of
study will be awarded education incentive pay of 2% of their base monthly wage.
Any Sergeants holding a B.S. or B.A. Degree in an approved field of study shall be awarded
education incentive pay of 4% of their base monthly wage.
Any Sergeants holding a M.S. or M.A. Degree in an approved field of study shall be awarded
education incentive pay of 6% of their base monthly wage.
Approved fields of study:
1. Law Enforcement
2. Sociology
3. Psychology
4. Public Administration
5. Business Administration
6. Political Science
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City of Tukwila (Sergeants)
7. Other work-related fields of study to the approval of the Chief.
In order to be eligible for Education Incentive pay, degrees and credits shall be from a Nationally
accredited college or university. Degrees shall be in an approved field of study. However,
Bachelor's degrees earned in other field(s) of study and extended by Nationally accredited colleges
or universities may be compensated at the AA level at the discretion of the Chief. Credits that are
granted for "life experience" as opposed to conventional coursework and independent study will
not qualify for education incentive.
SECTION 11.2 Tuition Reimbursement. The Employer shall reimburse employees for the
cost of tuition as long as the subject matter of the course of study or of a specific course is in an
approved field of study as set forth in Section 11.1 and as long as the tuition costs do not exceed
those found at a Washington state university and as long as the officer is working towards a degree
in that approved field of study. The total reimbursements for Union represented employees, as a
group, shall not exceed $9000 in any calendar year. Tuition reimbursement shall be applicable to
undergraduate study only.
A. In order to receive tuition reimbursement an employee must receive approval for a
course of study or for a specific course prior to taking the course. If an employee
receives a scholarship (or received federal or state reimbursement funds [excluding
student loans]) the total amount of the Employer's reimbursement shall not exceed
100% of the total cost of tuition.
B. An employee receiving tuition reimbursement must maintain a "C" grade (or
equivalent satisfactory mark) and shall submit a transcript with the request for
reimbursement.
C. A request for tuition reimbursement for an approved course of study or specific
course shall be paid within sixty (60) days of submission.
D. When an employee completes a course of study at a particular level (undergraduate
or graduate) the employee shall notify the Employer of the degree attained.
SECTION 11.3 In Service Training Agreements. Employees who are provided long-term
training (in excess of four consecutive weeks) as a result of an assignment can be required, as a
condition of assignment, to enter into a reimbursement agreement for costs of specialized training.
Reimbursement would be computed based upon term of the agreement, which shall not exceed
twenty-four (24) months (i.e., 1/24th per month on a 24 -month contract). Training costs will be
estimated at the time the contract is presented. Actual repayment will be based on actual or
estimated costs, whichever is lower.
ARTICLE 12 - VACATIONS
SECTION 12.1 Vacation Hours. The following schedule shall govern with respect to
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vacations:
Years
Completed
Annual Vacation
Hours
1
112
2
112
3
112
4
112
5
144
6
144
7
144
8
144
9
144
10
176
11
176
12
176
13
176
14
176
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City of Tukwila (Sergeants)
SECTION 12.2 Vacation Rules. Annual vacations shall be subject to the following rules:
A. Minimum. The minimum vacation allowance to be taken by an employee shall be
15 minutes.
B. Agreement. Vacations shall be granted at such times that are mutually agreeable
to both the Employer and employee.
C. Terminology. Temporary or intermittent employees who leave the employment of
the City and later are re-employed shall, for the purpose of this Article, commence
their actual service with the date of re-employment.
For the purpose of this Article, "actual service" shall be determined in the same
manner as for salary purposes.
D. Maximum. Maximum hours accumulations of vacation time shall not exceed that
which is equal to two years total at the highest eligible rate.
E. Pay upon death. On the death of an employee in active service, pay will be allowed
for any vacation earned in the preceding year and in the current year and not taken
prior to the death of such employee.
F. Leave of Absence. An employee granted an extended leave of absence, which
includes the next succeeding calendar year, shall be given pro -rated vacation earned
in the current year before being separated from the payroll.
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City of Tukwila (Sergeants)
ARTICLE 13 - PENSIONS
SECTION 13.1 Pension benefits shall be received in accordance with RCW 41.26 as currently
in effect.
ARTICLE 14 - MEDICAL COVERAGE
SECTION 14.1 Medical Insurance
A. Employer contributions. Except as otherwise provided in this Article, the Employer
shall contribute the premiums necessary to purchase medical care insurance for
each full-time employee and his/her dependents under the City of Tukwila's Self -
Insured Medical Plan. The City will pay 100% of the cost of medical coverage
for all bargaining unit members. Sergeants will pay through wage deduction ten
percent (10%) of the cost of medical coverage for dependents. Such coverage shall
not be less than that which existed under the City of Tukwila Self -Insured Medical
Plan in place February 1, 2004, except as subsequently agreed herein by the parties.
B. Kaiser Permanente. For employees who elect medical coverage through Kaiser
Permanente, the Employer shall pay up to the maximum dollar amount contribution
of the Self -Insured Plan for 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 Kaiser-Permanente Plan shall be as determined
by Kaiser Permanente.
C. Cost of premiums. The Employer shall continue to pay the full premium for
medical coverage under the Self -Insured Medical Plan, up to a maximum increase
of eight percent (8%) in a year. In the event the monthly premiums increase more
than the stated amount in a year, the Employer or the Union has the right to reopen
the Agreement to negotiate changes in the Self -Insured Medical Plan benefits, so
that the increase in premium costs does not exceed the stated amount.
SECTION 14.2 Dental. Dental coverage will be maintained for all employees and their
dependents during the term of this Agreement under the City of Tukwila Self -Insured Dental Plan,
or its replacement. +
The cost for such plan will be borne on the following basis: The Employer will contribute one
hundred percent (100%) of the total premium for this coverage.
SECTION 14.3 Optical Plan. Examination and eye glasses/contact lenses for all employees
and dependents covered under this Agreement will be paid for by the Employer as set forth herein.
The City shall provide coverage for eye examinations, vision and optical care, contacts, and eye
glasses, to regular full-time police officers and their dependents in the amount of of $250 per
person, to a maximum of $500 per family unit, each year.
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City of Tukwila (Sergeants)
SECTION 14.4 Life Insurance. The Employer shall pay one hundred percent (100%) of the
total premiums for life & accidental death and dismemberment insurance benefits for the
employees covered under this Agreement. The face value of said insurance policy shall be $25,000
and shall include an up to $25,000 dismemberment clause.
SECTION 14.5 LEOFF H Disability Insurance. With respect to LEOFF II officers, the Union
has elected to forego City coverage and has selected an alternative long-term disability (LTD) plan.
The City shall require LEOFF II Officers to participate in the long-term disability insurance program
selected by the Union as a condition of employment. The City shall provide for a mandatory payroll
deduction to accomplish this purpose.
SECTION 14.6 Insurance Carrier. The City retains the right to select all insurance carriers
or to self -insure coverage as provided herein.
SECTION 14.7 Re -opening Clause. During the term of this Agreement, the City and the
Union each reserve the right to open negotiations in the event healthcare reform legislation,
including the Affordable Care Act (ACA), mandates changes unanticipated by the parties. The
purpose of such negotiations shall be to reach agreement on a mutually acceptable alternative
medical option(s).
SECTION 14.8 Retirement Health Savings Plan. The City will establish and maintain a
mutually agreed upon, IRS qualified retirement health savings plan as soon as possible after the
implementation of the collective bargaining agreement. In the event no agreement is reached,
there will be no retirement health savings plan for bargaining unit employees.
SECTION 14.9 Domestic Partner Benefits. Employees will be eligible for Domestic partner
benefits in accordance with City Policy.
Teamsters Retirees' Welfare Trust
Based on December 2021 hours, effective January 1, 2022 and on a monthly basis
thereafter, the City shall pay the sum of one hundred seventy five dollars ($175.00) per
month for benefits under the "RWT-XL Plan" during the period this Collective Bargaining
Agreement is in effect, the City agrees to remit payment to the Retirees Welfare Trust,
c/o NORTHWEST ADMINISTRATORS, INC., for each employee who received
compensation for eighty (80) hours or more in the previous month.
Maintenance of Benefits
The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare Trust
may modify benefits or eligibility of any plan (i.e. for the purpose of cost containment, cost
management, or changes in medical technology and treatment). If increases are
necessary to maintain the current benefits or eligibility, or benefits or eligibility as modified
by the Trustees during the life of the Agreement, the City will pay such increases.
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City of Tukwila (Sergeants)
ARTICLE 15 - PROBATIONARY PERIOD
SECTION 15.1 Probationary Period. All newly hired/promoted employees must serve a
probationary period. The probationary period shall be one year from the date of appointment.
The probationary period shall be extended for the number of work days equal to the number of
work days in excess of 10 work days that an employee was absent during his or her probationary
period; provided that the taking of scheduled and approved vacation or compensatory time off
shall not be counted toward such ten-day period for promotional probationers. The probationary
period is an extension of the hiring/promotional process; therefore, the provisions of this Article
will not apply to employees if they are discharged or demoted during the hire/promotional
probationary period for not meeting the requirements of the classification. Grievances brought
by probationary employees involving issues other than discharge or demotion may be processed
in accordance with Article 18.
SECTION 15.2 Wage Progression. Employees shall progress through the wage steps
established in accordance with Appendix A of this Agreement.
ARTICLE 16 - DISCIPLINARY PROCEDURES
SECTION 16.1 It is agreed that the Employer has the right to discipline, suspend or
discharge any employees for just cause. Employees are subject to the provisions published as
administrative policies, City ordinances, City and State Civil Service rules and regulations as
they exist, and the terms of this Agreement, including the procedures set forth in Section 16.2.
SECTION 16.2 The following procedures shall be applied in order to provide prompt, just,
open and fair dispositions of complaints against employees of the Employer and procedural
protection to all employees of the Employer during the complaint and disciplinary process.
A. A "disciplinary interview" shall mean questioning by a person in authority over an
employee when the interviewer either knows or reasonably should know that the
questioning concerns a matter that could lead to suspension, demotion,
termination, as opposed to routine inquiries.
B. Every employee who becomes the subject of a disciplinary interview shall be
advised, in writing, a minimum of 48 hours prior to the time of the interview that
he/she is suspected of:
Committing a criminal offense;
2. Misconduct that would be grounds for termination, suspension, or demotion;
and,
3. That he/she has the right to Union representation during the interview.
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City of Tukwila (Sergeants)
4. The general scope of the interview including the nature of the matter in
sufficient detail to reasonably apprise the employee of the matter under
investigation.
C. Any employee who becomes the subject of a criminal investigation may have legal
Counsel present during all interviews. Nothing in this agreement, however, shall
be deemed a waiver of an employee's right to Union representation. A criminal
investigation as used herein shall be interpreted as any action which could result
in the filing of a criminal charge.
D. In criminal matters, employees will either be ordered to answer questions or
informed that they are not required to answer the employer's questions as a
condition of employment.
E. The employee shall be informed in writing as to whether he/she is a witness or
suspect before any interview commences.
F. The disciplinary interview of any employee shall be at a reasonable hour,
preferably during the normal workday of the employee, unless the exigencies of
the interview dictate otherwise. This requirement shall not apply to pre -disciplinary
hearings with the Chief.
G. The employee or Employer may request that a disciplinary interview be recorded,
either mechanically or by a stenographer. There can be no "off the record"
questions. Upon request, the employee in a disciplinary interview shall be
provided an exact copy of any written statement he/she has signed and a copy of
the officer's taped/transcribed (if made) interview.
H. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In all disciplinary interviews, the
employee shall be afforded an opportunity and facilities to contact and consult
privately with an attorney of his/her own choosing, before being interviewed. Such
opportunity to contact and consult privately with a private attorney shall not unduly
delay the disciplinary interview.
The employee shall be entitled to such reasonable intermissions, as he/she shall
request for personal necessities, meals, telephone calls and rest periods. The
employee may be represented by either a private attorney or the Union during the
interview, but not both.
I. All interviewing shall be limited in scope to activities, circumstances, or events
which pertain to the employee's conduct or acts which may form the factual basis
for disciplinary action under one (1) or more of the categories contained in Section
16.2.b.2 herein.
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City of Tukwila (Sergeants)
J. The employee will not be threatened with dismissal or other disciplinary
punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be
subject to abusive or offensive language or intimidation in any other manner. No
promises or rewards shall be made as an inducement to answer questions.
K. No employee shall be required to unwillingly submit to a polygraph test.
L. Should any section, sub -section, paragraph, sentence, clause or phrase in this
article be declared unconstitutional or invalid, for any reason, such decision shall
not affect the validity of the remaining portions of this article.
M. The investigation shall be completed in a reasonable amount of time in light of the
circumstances and discipline shall be imposed within a reasonable amount of time
after the conclusion of the investigation.
ARTICLE 17 - MANAGEMENT RIGHTS
SECTION 17.1 The Union recognizes the prerogatives of the Employer to operate and
manage its affairs in all respects in accordance with its responsibilities and powers of authority.
SECTION 17.2 The Employer has the right to schedule overtime work as required in a manner
most advantageous to the Department and consistent with requirements of municipal employment
and the public safety.
SECTION 17.3 It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described.
SECTION 17.4 The Employer reserves the right to lay off personnel for lack of work or funds,
or for the occurrence of conditions beyond the control of the Employer, or when such continuation
of work would be wasteful and unproductive. The Employer shall have the right to determine
reasonable schedules of work and to establish the methods and processes by which such work is
performed in accordance with Article 4 of this Agreement.
SECTION 17.5 No policies or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on City officials as
follows..
A. Mayor. The authority and responsibility of the Mayor, as Chief Executive
Officer of the City, to enforce the laws of the State and ordinances adopted by the
City Council, to recommend an annual budget, or to direct the proper performance of
all departments.
B. Council. The authority and responsibility of the City Council to enact ordinances,
to appropriate monies, and to determine employees' compensation.
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City of Tukwila (Sergeants)
C. Commission. The authority and responsibility of the Civil Service
Commission, as provided by State statutes or local ordinance, to establish rules,
certify registers and to review appointments in the police service, subject to the
applicable bargaining duty of the City and the terms of this Agreement.
D. Police Chief. The authority and responsibility of the Chief of Police and
his/her delegates, as bestowed by ordinance, State law, Civil Service and
Departmental rules, and as provided for in this Agreement, to the following:
1. To recruit, assign, transfer, or promote members to positions within the
Department.
2. To relieve members from duties because of lack of work or lack of funds.
3. To determine methods, means, and personnel necessary for departmental
operations.
4. To control the departmental budget.
5. To take whatever temporary actions are necessary in emergencies in order to
assure the proper functioning of the Department and the public safety.
ARTICLE 18 - GRIEVANCE PROCEDURE
SECTION 18.1 Definition. A "grievance" means a claim or dispute by an employee (or the
Union on behalf of an employee or employees or on its own behalf with regard to matters effecting
the Union as an entity) with respect to the interpretation or application of the provisions of this
Agreement.
SECTION 18.2 Procedure:
A. Step 1:
An employee or the Union must present a grievance within fourteen (14) calendar days
of its alleged occurrence to the employee's supervisor who shall attempt to resolve it
within fourteen (14) calendar days after it is presented to the supervisor.
B. Step 2:
If either the employee or the Union is not satisfied with the solution by the supervisor, the
grievance, stating the section of the agreement violated, the facts of the case as seen by
the grieving party, and the remedy sought, may be presented in writing to the Police of
Chief (with a copy to the Human Resources Director) within fourteen (14) calendar days
after receipt of the supervisor's answer in step 1. The Chief of Police shall then attempt
to resolve the grievance within fourteen (14) calendar days of its presentation.
In the case of disciplinary actions, which are both appealable to the Civil Service
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City of Tukwila (Sergeants)
Commission and grievable under the terms of this contract, a written election of remedies
shall be made after receipt of the Step 2 response. An employee may elect to either
pursue an appeal to the Civil Service Commission or continue with the contractual
grievance procedure, but not both. If mutually agreed, time limits will be extended to
complete a reasonable investigation before the election of remedies is made. Appeal for
disciplinary actions shall bypass Step 3 below and proceed directly to the Civil Service
Commission pursuant to the rules of the Commission or to arbitration as provided for in
Step 4 of this agreement.
C. Step 3:
If the employee or the Union is not satisfied with the solution by the Chief of Police, the
grievance, together with all other pertinent materials may be presented in writing to the
Mayor or his/her designee by an Union representative within (14) calendar days after
receipt of the Chief's answer in Step 2. The Mayor or his/her designee shall attempt to
resolve the grievance within fourteen (14) calendar days after it has been presented to the
Mayor.
D. Step 4:
Except as otherwise provided in this Article, if the grievance is not resolved in Step 3 the
grievance may, within thirty (30) calendar days, be referred to arbitration by the Union.
The City and the Union shall try to agree upon a mutually acceptable arbitrator. If the
parties fail to agree, they shall request a list of seven (7) arbitrators from the Federal
Mediation and Conciliation Service, with all arbitrators being members of the National
Academy of Arbitrators. The parties shall alternatively strike from the list until only one
name remains.
The Arbitrator shall hold the hearing within 120 days of his/her appointment unless the
parties mutually agree to extend the hearing date in writing. The Arbitrator shall decide
the case based on the interpretation and application of the provisions of the agreement
within thirty (30) days after such hearing. The decision shall be final and binding upon
the parties to the grievance provided the decision does not involve action by the City,
which is beyond its jurisdiction. Each party hereto will pay the expenses of their own
representatives (e.g. attorney's fees) and the expenses of the arbitrator will be borne
equally by the parties hereto.
Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or to change any of the present
provisions of this agreement.
SECTION 18.3 Timeliness. It is the intent of this grievance procedure that the parties will
process grievances within the timeframes set forth herein. In the event the grievance is not
processed in the timeframes stated, then the matter shall be considered resolved. If the City
fails to comply with the timeframes herein, then the grievance will automatically advance to the
next step. The timeframes may be extended by mutual written agreement of the parties.
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City of Tukwila (Sergeants)
ARTICLE 19 - NO STRIKE
SECTION 19.1 No Strike. During the life of this Agreement, neither the Union nor any officer,
agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including
sympathy strike), slowdown, concerted stoppage of work, or "sick-outs".
SECTION 19.2 Union Responsibility. In the event of a violation of Section 19.1 of this
Article, the Union agrees to inform its members of their obligations under this Agreement, and to
direct them to return to work.
ARTICLE 20 - LEAVES
SECTION 20.1 Discretionary Leaves. The City may, at its discretion, grant a leave of
absence under this subsection except for illness, injury, or pregnancy, to any bargaining unit
employee for good and sufficient reason. The City shall, at its discretion, set the terms and
conditions of the leave, including whether or not the leave is to be with pay.
SECTION 20.2 Military Leave. Military leave shall be granted in accordance with applicable
law.
SECTION 20.3 Jury Leave. All employees covered by this Agreement who are required to
report for jury duty shall sign their jury duty checks over to the City and shall be compensated at
their regular rate of pay for each hour actually spent on jury duty. If an employee is released by
the Court from jury duty on any given day, the employee shall immediately notify his/her supervisor
for assignment to work.
If, however, jury duty lasts eight hours or more, but less than a full shift, the employee shall not be
required to report back to his/her regular assignment at the conclusion of Court for that day and
shall be compensated at their regular rate of pay for the full shift.
SECTION 20.4 Funeral Leave. An employee who has a member of his/her immediate family
taken by death or who has been notified by a physician in attendance of imminent death may
request to use up to eighty (80) hours of leave of absence with pay. Immediate family shall be
defined as: spouse, mother, father, mother-in-law, father-in-law, children, brother, sister,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren.
Employees will be eligible for Domestic Partner benefits in accordance with changes in City Policy.
SECTION 20.5 Employment Elsewhere. A leave of absence will not be granted to enable
an employee to try for or accept employment elsewhere or for self-employment without the
expressed written consent of the Chief of Police.
ARTICLE 21 -INDEMNIFICATION
SECTION 21.1 In accordance with RCW 4.96.041 and Section 2.16.020 of the City Municipal
27
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City of Tukwila (Sergeants)
Code, the City shall indemnify, defend, and hold harmless any employee subject to claim or suit,
including damages of a non -punitive nature, when the employee has in good faith purported to
perform acts within the scope of the employee's performance of his/her official duties. Indemnity
defense shall not be provided by the Employer for any suit, claim or action brought against the
employee by, or on behalf of, the Employer.
ARTICLE 22 - SAVINGS CLAUSE
SECTION 22.1 Severability. If any article of this Agreement of any addenda hereto should
be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with
or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement
and addenda shall not be affected thereby and the parties shall enter immediate collective
bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such
article.
SECTION 22.2 Prevailing authority. If any provisions of this Agreement are found by a court
of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter
shall prevail except in Union security provisions, in which case, the provisions of Article 18 shall
prevail. The Employer agrees that in the event that any provision of Civil Service Rules and
Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately
with respect to any items that as a result of such change may come within the discretion of the
Employer, and the results of such bargaining shall be made a part of this Agreement.
ARTICLE 23 - ENTIRE AGREEMENT
SECTION 23.1 The Agreement expressed herein in writing constitutes the entire Agreement
between the parties, and no oral statement shall add to or supersede any of its provisions.
SECTION 23.2 The parties acknowledge that each has had the unlimited right and opportunity
to make demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore,
except as otherwise provided in this Agreement, the Employer and the Union, for the duration of
this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party
to bargain with respect to any subject or matter not specifically referred to or covered in this
Agreement.
ARTICLE 24 - SAFETY
SECTION 24.1 The Union and City agree that the physical fitness of Union members is
important to their health and safety. The City and the Union will both support and encourage
employees to be physically active and to be involved in a personal program of regular exercise.
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City of Tukwila (Sergeants)
ARTICLE 25 - DURATION OF AGREEMENT
SECTION 25.1 Effective date and Duration. Unless otherwise provided herein, this
Agreement shall become effective upon execution and shall remain in force until December 31,
2024.
SECTION 25.2 Conflicts. When there is a conflict between any collective bargaining
agreement reached by an employer and a bargaining representative on a Union security provision
and any charter, ordinance, rule or regulation adopted by the public employer or its agents,
including but not limited to a civil service commission, the terms of the collective bargaining
Agreement shall prevail.
CITY OF TUKWILA
ALLAN EKBERG
Mayor
Date
TEAMSTERS LOCAL UNION
NO. 117/I13T representing
SERGEANTS
JOHN SCEARCY
Secretary -Treasurer
Date
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City of Tukwila (Sergeants)
APPENDIX "A" — WAGE SCHEDULE 2022
1. Effective January 1, 2022 base salaries for Police Sergeants shall be:
Title
Grade
Step
Monthly
Hourly
Sergeant 1
Psg
2
$ 9,750
$ 56.25
01
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COUNCIL AGENDA SYNOPSIS
----------------------------------Initials---------------------------------
Meeting Date Prepared by M or's review Council review
• 2/28/22 CT
ITEM INFORMATION
ITEM NO.
Spec
2. D. (4)
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 2/28/22
AGENDA ITEM TITLE United Steel Workers Labor Agreement 2022-2024
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date2/28/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAward
Mtg Date
❑ Pubhc Heating
Mtg Date
ther
Mtg Date
SPONSOR ❑ Council ❑Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R
❑ Police ❑ PV
SPONSOR'S United Steel Workers Labor Agreement 2022-2024
SUMMARY
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
MTG. DATE
RECORD OF COUNCIL ACTION
2/28/22
MTG. DATE
ATTACHMENTS
2/28/22
United Steel Workers Labor Agreement 2022-2024
KIR
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City of Tukwila - USW (2022-2024)
FINAL
TUKWILA POLICE NON-COMMISSIONED
LABOR AGREEMENT
between the
CITY OF TUKWILA
and
UNITED STEELWORKERS ON BEHALF OF LOCAL 9241
Effective
January 1, 2022 -December 31, 2024
C
City of Tukwila - USW (2022-2024)
TUKWILA POLICE NON-COMMISSIONED AGREEMENT
by and between
THE CITY OF TUKWILA
and
UNITED STEELWORKERS ON BEHALF OF LOCAL 9241
Table of Contents
PREAMBLE.................................................................................................................................... 3
ARTICLE 1- RECOGNITION AND BARGAINING UNIT....................................................................3
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION.........................................................4
ARTICLE 3 - WORKING OUT OF CLASSIFICATION..........................................................................5
ARTICLE 4 - HOURS OF WORK......................................................................................................5
ARTICLE 5 - SALARIES..................................................................................................................11
ARTICLE 6 - DEPARTMENT WORK RULES....................................................................................12
ARTICLE 7 - CLOTHING ALLOWANCE..........................................................................................13
ARTICLE 8 - SICK LEAVE...............................................................................................................15
ARTICLE 9 - HOLIDAYS................................................................................................................17
ARTICLE 10 - EDUCATION ALLOWANCE AND LONGEVITY PAY..................................................19
ARTICLE 11- DEFINITIONS..........................................................................................................20
ARTICLE 12 - VACATIONS............................................................................................................20
ARTICLE 13 - PENSIONS..............................................................................................................22
ARTICLE 14 - INSURANCE............................................................................................................22
ARTICLE 15 - DISCIPLINARY PROCEDURES..................................................................................23
ARTICLE 16 - MANAGEMENT RIGHTS.........................................................................................25
ARTICLE 17- GRIEVANCE PROCEDURE........................................................................................27
ARTICLE 18 - NO STRIKE AND NO LOCKOUT...............................................................................30
ARTICLE 19 - LEAVES...................................................................................................................30
ARTICLE 20 - SAVINGS CLAUSE...................................................................................................31
ARTICLE 21- ENTIRE AGREEMENT..............................................................................................32
ARTICLE 23 DURATION OF AGREEMENT....................................................................................32
SCHEDULE "A" -WAGE SCHEDULES.............................................................................................34
2
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City of Tukwila - USW (2022-2024)
IaC0: "1 I7Iam4
This mutual agreement has been entered into by the United Steelworkers, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, for
and on behalf of Local 9241 (hereinafter referred to as "United Steelworkers" or "Union"), and
the City of Tukwila (hereinafter referred to as "City" or "Employer"). The purpose of this
Agreement is the promotion of harmonious relations between the Union and the City; the
establishment of equitable and peaceful procedures for the resolution of differences; and the
establishment of rates of pay, hours of work, and other terms and conditions of employment.
ARTICLE 1- RECOGNITION AND BARGAINING UNIT
SECTION 1. The City of Tukwila recognizes the United Steelworkers, AFL-CIO on behalf of its
members in Local Union 9241, as the exclusive bargaining representative of the Police
Department for all employees in positions listed in the Wage Schedule A; provided that neither
party waives its right to petition the Public Employment Relations commission to add to or
delete from the above list in accordance with established time frames and procedures.
SECTION 2. There shall be no more than two (2) Union representatives designated to act on
behalf of members with regard to day-to-day administration of the Agreement. For the
purposes of negotiations with the Employer, the number of official representatives of the Union
shall be limited to three employees and one alternate, plus representatives of the international
union.
SECTION 3. Union Business The Employer shall afford a Union officer (shop steward) who is an
employee in the bargaining unit a reasonable amount of time to meet with appropriate
administrator(s) and/or employee(s) with respect to the interpretation or application of this
Agreement; provided:
The Union officer shall give at least forty eight (48) hours' notice to the Chief of Police or
designee prior to such meeting; the Union officer indicates the general purpose of the meeting,
i.e. issue to be discussed; the Employer is able to properly staff the employee(s) job duties
during the time period; the wage cost to the Employer is no greater than the cost that would
have been incurred had the Union officer not taken the time; the Union official shall not
transact such business while working on shift which in any way interferes with the operation of
the normal routine of City business.
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City of Tukwila - USW (2022-2024)
Employees who are subpoenaed to appear as a fact witness during a Civil Service Hearing, PERC
hearing or labor mediation may be allowed to attend without loss of pay, only during their
testimony and only if travel out of the City is not involved. Otherwise, the employee 's time off
shall be charged to vacation or comp time.
Union officers may be granted unpaid leave for the purpose of attending union conventions or
seminars, provided that such request is made to the Employer with at least seven (7) days
written notice and that compliance with items 2 through 5 above shall be secured by the Union
officer.
For the purposes of Union business, the Union will notify the Employer in writing at least
annually as to its Union officer(s): name(s), address(es), and phone number(s).
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
SECTION 1. It is the continuing policy and recognized obligation of the City and the Union that
the provisions of this Agreement shall be applied uniformly as required by federal and state
employment laws that prohibit discrimination. Any employee complaints of discrimination must
be reported in accordance with the City's Personnel Policies and Procedures and shall be
excluded from the arbitration step grievance procedure in Article 17.
Nothing in this clause shall restrict the Union from providing internal, Union sponsored benefits
to Union members only.
SECTION 2. Subject to the terms of this Agreement, no more than two (2) official
representatives of the bargaining at any one time shall be given time off with pay to attend
negotiation sessions with the Employer during working hours, provided reasonable notification
is given and the time is mutually agreed upon. The Employer retains the right to restrict such
release time when an emergency exists, or such release would create a danger to public safety.
SECTION 3. The following procedure shall be followed in the deduction of dues and initiation
fees for members of Local 9241 of the United Steelworkers.
The employer agrees to the deduction of monthly dues and initiation fees as designated by the
International Treasurer for those employees in the Unit who elect to become members of the
Union and who request in writing to have their regular monthly Union dues checked off on the
basis of individually signed voluntary check -off authorization cards.
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City of Tukwila - USW (2022-2024)
A copy of said deductions shall be forwarded to the Financial Secretary of the United
Steelworkers Local #9241.
Each month, the Employer shall remit to the International Treasurer of the United
Steelworkers, at the address which they authorize for this purpose, all dues and fees deducted
together with a list of employees and the amount deducted from each employee.
The City shall afford the Union thirty (30) minutes of time with new hires during the City's new
hire orientation. The City shall also provide written notice to the Union of all new hires at the
time of hire. Such written notice shall include their job classifications and date of hire.
The Union agrees to indemnify, defend and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a result of any
action taken or not taken by the Employer under the provisions of this Article, unless caused by
the negligence of the Employer.
ARTICLE 3 - WORKING OUT OF CLASSIFICATION
Should any employee be required to act as supervisor, the employee shall be paid a premium of
five percent (5%) of the employee's base rate of pay while so acting. It is understood that
assignments of supervisory duty will be made by the Chief of Police or their designee.
When assigned to perform evidence technician responsibilities during the absence of the
evidence technician, or as an alternate when the evidence technician is on duty as designated
by the Chief of Police or their designee, the employee shall be placed in the salary range of the
evidence technician position providing for not less than 5% increase above their current base
rate of pay.
ARTICLE 4 - HOURS OF WORK
SECTION 1. This Article is intended to define the normal hours of work, to provide the basis for
calculation of overtime, and set forth the policy on compensatory time.
Compensation shall not be paid more than once for the same hours under any provision of the
Agreement.
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City of Tukwila - USW (2022-2024)
SECTION 2. Hours of Work. The working hours for members affected by this Agreement shall be
the equivalent of forty hours (40) per week on an annualized basis, exclusive of meal period.
The normal schedule for employees shall be five (5) days worked and two (2) consecutive days
off during a seven (7) day period, except in the event of an unusual occurrence, civil disorder or
national disaster. 1
The normal working hours for members of the bargaining unit assigned to part-time position(s)
shall be twenty (20) hours per week on an annualized basis, exclusive of meal period. The
normal work schedule for part-time employees shall be established by the Employer.
Full-time employees covered by this agreement may work alternative work schedules with
mutual agreement between the employee and the Employer, provided the Employer may
reassign the employee to the normal 5/2 work schedule at any time.
SECTION 3. Overtime. Except as otherwise provided in this Article, employees on a five (5) day
schedule shall be paid at the rate of time and one-half (1.5) for the first four (4) hours in excess
of eight (8) hours worked and beginning during the fifth (5th) hour in excess of eight (8) hours
worked at the rate of two (2) times their normal pay rate in one (1) day, exclusive of lunch
period. Thereafter, additional hours worked shall be at the rate of two (2) times their regular
rate of pay, in one (1) work day, inclusive of lunch period. Only one such payment shall be made
for the same hours of work.'
There shall be no pyramiding of overtime.
Call Back. In the event that overtime is not an extension of a normal shift, the minimum
payment shall be for three (3) hours at the one and one-half (1.5) time rate.
Overtime for Court Appearance. In the event that court appearances are required outside of
regularly scheduled hours, the Employer shall attempt to schedule such appearances on
regularly scheduled days rather than on furlough days. Such appearances outside of regularly
scheduled hours which are not an extension of a normal shift shall be compensated for a
minimum of three (3) hours at the employee's time and one-half (1.5) rate.
SECTION 4. Standby. The Employer and the Union agree that the use of standby time shall be
minimized consistent with sound law enforcement practices and the maintenance of public
safety. Standby assignments shall be for a fixed, pre -determined period of time not to exceed
eight (8) hours. Employees formally placed on standby status shall be compensated on the basis
1 Those employees assigned to 4-10's have three consecutive days off but 5-8's remains the normal schedule.
City of Tukwila - USW (2022-2024)
of four (4) hours straight pay for eight (8) hours of standby or fraction thereof. If the employee
is actually called back to work, normal overtime rules shall apply. Compensation for standby
shall not be paid in addition to overtime minimum pay.
On Call. Employees shall be compensated at the overtime rate for thirty (30) minutes if they
are required by the shift supervisor to be on call during their meal period. "On call" is defined as
being required to take a radio to lunch or being required to stay in the building during the meal
period.
SECTION 5. Compensatory Time. Compensatory time is defined as time off granted an
employee as compensation for hours worked in addition to the employee's regularly scheduled
workday or workweek.
It is the responsibility of the employee to request compensatory time in lieu of overtime if so
desired. The Employer shall have discretion to determine whether compensatory time is to be
granted to the employee when compensatory time is requested by the employee in lieu of
overtime.
The granting of compensatory time in lieu of overtime will be at the rate of one and one- half
(1.5) for each overtime hour worked up to the 12th hour of continuous work. Beginning at the
13th hour of continuous work the granting of compensatory time in lieu of overtime will be at
the rate of two (2) for each overtime hour worked.
Individual accrual of compensatory time in lieu of overtime shall not exceed eighty (80) hours.
SECTION 6. Contacts Outside of Scheduled Work Hours. The designated first contact with an
employee outside of scheduled work hours will be as assigned by the Chief of Police, or the
Chiefs designee. If there is a need to make such off-duty contact, the employee shall be paid a
minimum of fifteen (15) minutes for actual time required to handle Employer business, and
thereafter, in fifteen (15) minute increments. If a callback to duty is required, compensation
shall be governed by Section 3.A. above. The minimum of fifteen (15) minutes will be paid at
the overtime rate and if a call-back to duty is required, the fifteen (15) minutes of overtime
shall be included in the compensation paid at the overtime rate under Section 3.A.
SECTION 7. Employees shall receive a rest period of not less than fifteen (15) minutes, on the
City's time, for each four (4) hour work period. Rest periods shall be scheduled as near as
possible to the midpoint of each four (4) hour work period. No employee shall be required to
work more than three (3) hours without a rest period.
7
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City of Tukwila - USW (2022-2024)
The City shall provide each employee with one half (1/2) hour for a meal between the third and
fifth hour of each shift, or the fourth and sixth hour of a ten (10) hour shift. The employee may
add the two (2) fifteen (15) minute rest breaks to the meal period with the agreement of the
Employer. All rest breaks and lunch breaks shall be arranged by the employee at the discretion
of his/her supervisor.
If an employee is unable to take their fifteen (15) minute rest break, due to lack of relief, the
City shall, at the Employee's request and option, grant compensatory time, or straight -time pay.
SECTION 8. In the event the Mayor closes all or part of City facilities or operations in the case of
emergency or for safety reasons, essential employees defined as employees assigned to
positions that provide 24-hour, 7 day a week coverage will continue to maintain their normal
work schedule, unless specifically released from duty by the Chief of Police or his/her designee.
SECTION 9. Employees assigned to an alternative schedule shall be paid at the rate of time and
one-half (1.5) their regular rate of pay for hours worked in excess of their regularly assigned
schedule, provided at the beginning of the 13th hour of continuous work, the employee shall be
paid at the rate of two (2) times their regular rate of pay.
SECTION 10. - Shift Assignment Based on Seniority
Definitions:
"Seniority" shall be established based on each regular employee's most recent date of hire as a
Records Specialist. Employees hired on the same day shall be ranked by their placement on the
Civil Service eligibility list.
"Probationary Employee" is an employee who has not yet completed their probation. This
includes any Employee whose probation has been extended due to performance issues or
missed work. Probationary Employees will not participate in the shift bidding process but will
be assigned to a shift by the Records Supervisor.
"Shift Assignment Period" There shall be three shift assignment periods per calendar year. They
will be February 1st through May 31st, June 1st through September 30th and October 1st
through January 31st.
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City of Tukwila - USW (2022-2024)
"Seniority Bid" The assignment of shifts for the periods beginning on June 1st and on October
1st of each year shall be based on the seniority of each Employee, with preference given to
those with the most seniority.
"Reverse Bid" The assignment of shifts for the period beginning on February 1st of each year
shall be based on the seniority of each Employee, with preference given to those with the least
seniority.
"Shift Assignment Responsibility" The Records Supervisor will be responsible for managing the
shift bidding and assignment procedure, under the direction of the Police Records Manager.
Bidding Procedure:
The time frame for shift bidding for an upcoming cycle shall be determined and announce by
the City and allow for sufficient lead time to accommodate training demands, employee
vacation and personal commitment planning, and budgetary considerations. It is generally
agreed that new Shift Assignments should be posted one month prior to the transition to the
new Shift Assignment Period.
The Records Supervisor will advise all Employees of the date that the bid process will open for
the upcoming Shift Assignment Period and will prepare a list of open shifts. During the Seniority
Bid terms, the Records Specialist with the most seniority will have first choice of the available
shifts and will indicate their shift bid by signing their name in the open slot. The process of
bidding will continue, by seniority, until the Records Specialist with the least seniority makes
their selection. During the Reverse Bid term, the Records Specialist with the least seniority will
start the bidding process. The process of bidding will continue, by reverse seniority, until the
Records Specialist with the most seniority makes their selection.
Shift bids will be made in writing on a department approved shift list. Shift bidding by proxy will
be allowed as long as the bidding employee has submitted in advance, a signed memo to the
Records Supervisor listing their bid preference in order.
Each Employee is responsible for submitting their shift bid within the designated time frame.
Late submissions will not be honored, and any employee who does not submit their bid within
the assigned time frame will be assigned a shift.
Eligibility for shift bidding will be limited to Employees assigned, or who have been notified that
they will be assigned to the front office at the beginning of the Shift Assignment Period.
Probationary Employees are excluded from shift bidding.
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City of Tukwila - USW (2022-2024)
Mutually agreed upon shift assignment exchanges are disruptive to the unit. Any two
Employees who negotiate a mutually agreed upon exchange in their shift assignments may do
so with the approval of the Police Records Manager, as long as no other Employee was
displaced from their shift bid preference by either of the Employees who wish to exchange
shifts.
Voluntary shift exchanges shall not result in any adverse scheduling, shift coverage, or
overtime.
Assignment of Shifts:
The Records Supervisor will identify the shift assignments for each eligible Employee, based on
bidding preference and seniority. The Police Records Manager will review and approve the
assignments prior to final posting.
Management Assignment Rights:
Pursuant to Article 16, Section 4, the movement of Employees may be necessary due to the
reassignment of Employees to and from other assignments, unexpected absences of significant
duration, and/or for purposes of resolving operational or administrative concerns. Should a
position vacancy occur, the City will determine which shift, if any will remain unfilled.
The Records Supervisor may, at management discretion, be exempt from the shift bid, due to
their administrative responsibilities.
Employees who are assigned to the Front Office after the close of shift bidding will be assigned
to shifts at the discretion of the City.
The City maintains the management right to shift assignment for Probationary Employees. This
includes the possibility that a non -probationary Employee may not be assigned to a shift of
their preference, which is filled instead by a Probationary Employee.
The City shall have the discretion to reassign an Employee to another shift assignment when, in
the judgment of the City, the Employee's conduct, performance, productivity and/or needed
supervision dictate such assignment is in the best interests of the Tukwila Police Department.
Involuntary movement shall not occur without cause and shall be subject to the grievance
process.
The City maintains the right to assign an Employee to a specific shift or one of several specific
shifts in order to comply with current labor law to make a reasonable accommodation under
the American with Disabilities Act (ADA).
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City of Tukwila - USW (2022-2024)
Nothing in the Agreement shall limit the City's Management Rights as spelled out in Article 16
of the current labor contract. The City retains the right to determine a schedule that will
provide an adequate and efficient work force at all times.
Exemptions for Emergencies:
Pursuant to Article 16, Section 5, during the time of emergency, unusual occurrences, civil
disorder or natural disaster, the provisions of this Agreement may be suspended by the City,
and Employees may be assigned to duty without regard to Seniority. Seniority provisions will be
restored as soon as reasonably possible.
/_1639W9:•W_1W_1Ohl IV
SECTION 1. The Employer agrees to maintain salaries during the term of this Agreement as set
forth in Schedule A.
Effective January 1, 2022 a percentage wage increase of 100% of the Seattle -Tacoma -Bellevue
CPI -W (June to June) shall be added to the base wage schedule, provided that retroactive pay
will apply only to employees active and working on the Police Department payroll as of the date
of signing by both parties.
Effective January 1, 2023 All members of the bargaining unit shall receive a cost -of -living
adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI -W (June to June).
Effective January 1, 2024 All members of the bargaining unit shall receive a cost -of -living
adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI -W (June to June).
SECTION 2. This Agreement shall be opened for the purpose of negotiating salaries for new
classifications affecting employees in the bargaining unit. Such salaries shall become effective
upon the agreement of the parties. Nothing in this section shall preclude the Employer from
establishing new positions or classifications.
SECTION 3. A differential pay of two dollars ($2.00) per hour above an employee's regular pay
scale shall be paid for all hours worked between the hours of 1700 - 0700 (5:00 p.m. to 7:00
a. m.).
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City of Tukwila - USW (2022-2024)
SECTION 4. Police Records Specialists assigned by the Chief of Police, or their designee, the
responsibility of training other Department personnel shall be paid a differential pay of five
percent (5%) (above their regular pay scale) for the hours the Police Records Specialist is
actually assigned by the Employer to train records staff as part of their training program, or
other Police Department staff in the front office or evidence orientation as part of their field
training program.
SECTION 5. Deferred Comp: Effective January 1, 2022, the Employer will match up to $150
toward the employees' Deferred Comp contribution.
SECTION 6. Wage Reviews: When a member requests a wage review, the Employer will have
ninety (90) days to complete the request. Any wage adjustment will be retroactive to the date
the wage review was submitted to HR. The Employer may request an extension of time upon
mutual agreement with the Union.
SECTION 7. Quartermaster Pay: If a USW member performs Quartermaster duties, they will be
paid an additional 5% for the hours worked performing said duties.
ARTICLE 6 - DEPARTMENT WORK RULES
SECTION 1. Notification of Changes. The Employer agrees to notify the Union in advance of
changes affecting working conditions of any employee covered by this Agreement and a
conference in good faith shall be held thereon before such changes are placed in effect.
SECTION 2. Work Rotation. The rotation of personnel between shifts shall be to provide an
adequate and efficient workforce at all times, as determined by the Employer.
SECTION 3. Personnel File. The personnel files are the property of the Employer. The Employer
agrees that the contents of the personnel files, including the personal photographs, shall be
confidential and shall restrict the use of the information in the files to internal use by the Police
Department. This provision shall not restrict such information from becoming subject to due
process by any court of administrative tribunal. It is further agreed that information may be
released to outside groups subject to the approval of both the Employer and employee.
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City of Tukwila - USW (2022-2024)
Nothing in this section shall prevent an employee from viewing their original personnel file in its
entirety upon request. The Chief of Police, or their designee, and City Administrator shall have
access to the individual personnel files in the normal course of their responsibilities. At the
discretion of the Chief of Police, or their designee, file material shall be released to another law
enforcement agency doing employment background upon proof of a signed release of the
individual in question.
Inspection of Papers. The application and examination papers of a certified eligible shall be
available for inspection by the appointing authority, the Chief of Police and the affected
employee. Such papers shall also be made available to the elected or appointed officers of the
Union at the request of the affected employee.
Employees shall have the right to review any and all items placed in their personnel file and
shall have the right to request of the Chief of Police that any complaint to be withdrawn. In the
event that such complaint is not withdrawn if such a request is made, the employee may invoke
the provisions of Article 17. Except that no material shall be removed from the file during that
period of time that the employee is specifically named in any civil litigation in their capacity as
an employee which pre -dates or is relevant to the litigation.
The Employer shall have the right to purge employee files from time to time as deemed
necessary, with all purged items being returned to the employee for their own disposition.
ARTICLE 7 - CLOTHING ALLOWANCE
SECTION 1. Uniformed Personnel shall receive a clothing allowance of $300.00 per year.
Non -Uniformed personnel shall receive a clothing allowance of $350.00 per year.
Each new employee will receive the full amount specified at the time of hire. During January of
the year following hire, the new employee will receive a uniform allowance in a pro -rated
amount.
SECTION 2. The purpose of such allowance for Uniformed Personnel is to clean and/or repair
any equipment or clothing required by the Employer that is not furnished by the Employer.
The purpose of such allowance for Non -Uniformed Personnel is to purchase, clean and/or
repair any Approved Business Attire.
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City of Tukwila - USW (2022-2024)
The allowance shall be paid once annually to each employee on January 31 of the new year and
is subject to a pro -rated deduction from the final pay check in the event an employee does not
serve the entire twelve (12) months for which such payment was made with the exception of
an employee who retires or expires, in which event no deduction shall be made.
SECTION 3. Uniforms shall be replaced on a quartermaster system, as needed and as approved
by the Employer.
The City shall issue and maintain, if required by the position, a uniform badge for each non-
commissioned new hire employee, to be maintained by the employee. The City shall retain
ownership of this item.
SECTION 4. In the event that the Employer should change the clothing that is required by the
Tukwila Police Department during the life of this Agreement, employees so affected by such
changes shall be reimbursed for the entire cost of one (1) issue of such new clothing. Such
reimbursement shall apply in the event that a change in clothing is required for a continuous
and full-time purpose. During a transition period to new uniforms, the City and existing Union
members shall work together on a suitable uniform for the employee(s). The parties agree that
employees under a quartermaster system shall not be reimbursed for the cost of the uniform
issued to the employee.
SECTION 5. "One (1) issue" of new clothing shall be based on the clothing required for the
position. Records Specialist 1 jacket (lightweight) and 1 jacket (heavy weight). The City will
determine the style and specifications. Therefore, the primary duty attire for each position
covered by this Agreement is listed below:
Uniformed Personnel
Administrative Specialist
Service Transport Officer
Evidence Technician
Records Specialist (Assigned to Investigative Services Division)
Non -Uniformed Personnel -Approved Business Attire
Community Policing Coordinator
Police Information Analyst
Domestic Violence Victim Advocate Patrol Administrative Assistant
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City of Tukwila - USW (2022-2024)
"One (1) issue" of new clothing shall be defined as follows:
Records Specialist
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
4 pants
1 Lightweight Jacket
1 Heavyweight Jacket
Service Transport Officer
5 Long sleeve or 5 short sleeve shirts, or any combination thereof 1 Uniform
jacket
3 Pants
1 Vest
2 Uniform ties of matching or coordinated color
1 Uniform Jumpsuit to a maximum of $350 (upon successful completion of probation)
Domestic Violence Victim Advocate
1 Vest
1 Outer Carrier
Evidence Technician
1 Vest
1 Outer Carrier
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
3 Pants (long or short)
2 Jackets
/_11041 9OfI: ll[s]CaRA_\T1:
SECTION 1. Employees shall be entitled to and awarded twenty-four (24) hours of sick leave
with pay upon date of employment with the Employer and, after the completion of the third
(3rd) month of continuous service, shall receive an additional eight (8) hours of sick leave with
pay per month up to a carryover of seven hundred twenty (720) hours.
SECTION 2. Family Sick Leave. Employees shall be allowed to use sick leave or other paid leave
to attend to the illness or serious health or emergency condition of immediate family members
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City of Tukwila - USW (2022-2024)
(i.e., child, registered domestic partner, spouse, parent, parent- in-law, grandparent of the
employee.
SECTION 3. Separation of Employment. In the event an employee terminates their employment,
or such employment is terminated for any reason whatsoever with the Employer prior to using
their accumulated sick leave time, they shall be entitled to pay equal to twenty-five percent
(25%) of the amount payable for any unused sick leave unless terminated during the
probationary period.
SECTION 4. Part -Time Employees. Sick leave benefits for regular part-time employees will be
pro -rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of
sick leave benefits by regular full-time employees, i.e., employees regularly scheduled to work
40 hours per week.
SECTION 5. Employees who achieve and maintain a balance of 720 hours of sick leave, those
hours earned above the carryover accrual of 720 hours (96 hours a calendar year) shall be
cashed out at 25% of the total value and will be put into their individual HRA/VEBA plan
account, at the employee's wage rate, each year of the duration of the labor agreement.
The United Steelworkers Bargaining group members have elected by majority vote to make a
monthly contribution that will be payroll deducted from their wages on a monthly basis as
follows:
Plan Year December 1, 2021 -November 30, 2022 = $50.00 per month.
Plan Year December 1, 2022 -November 30, 2023 = $50.00 per month.
Plan Year December 1, 2023 -November 30, 2024 = $50.00 per month.
It is agreed by both parties that the Plan design in its entirety shall be reviewed as needed, but
no more frequently than every three years.
SECTION 6. Employees assigned to an alternative schedule shall accrue sick leave benefits at 8
hours per month.
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City of Tukwila - USW (2022-2024)
SECTION 1. Non -Essential employees as defined under Article 11 -Definitions, shall observe the
legal holidays designated by the Employer as listed below in accordance with existing City
policy.
Holidays Listed. The following are established as holidays:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
June 19
July 4
First Monday In September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
Employee's choice
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas
2 Floating Holidays
In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the
legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be
deemed to be the legal holiday.
Method of Payment:
Unworked Holidays. Eligible employees shall receive the normal straight time pay for unworked
holidays taken in addition to their scheduled days off, those designated by City ordinance, at
their base rate in effect at the time the holidays occur, plus shift differential pay, if applicable.
Unworked Holidays on Day Off. Employees shall receive eight hours holiday pay for unworked
holidays which fall on a normally scheduled day off.
Worked Holidays. Employees who are required to work on holidays in accordance with existing
City policy shall receive the pay due them for the above listed holiday plus time and one-half
their base rate for all hours worked on such holiday, plus shift differential, if applicable. For
purposes of computing holiday pay, employees shall be paid holiday pay for the shift that
begins on the holiday.
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City of Tukwila - USW (2022-2024)
To qualify for overtime pay on holidays worked, employees covered by this Agreement must
have been on the payroll prior to the holiday and on pay status the normal workday before and
the normal workday after the holiday.
Should a holiday occur while an employee is on vacation, the employee shall be allowed to take
one extra day of vacation with pay in lieu of that holiday as such, subject to the Chief of Police,
or their designee's approval.
SECTION 2. Part -Time Employees. Holidays for regular part-time employees will be pro -rated,
e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of holiday
benefits received by regular full-time employees, i.e., employees regularly scheduled to work
40 hours per week.
SECTION 3. In order to set forth the holiday compensation for employees who work an
alternative work schedule (e.g., 4/10 or 9/80), the following shall apply:
Holidays -Regularly Scheduled Work Day: When a holiday is observed on the employee's
regularly scheduled work day, and the employee is given the day off, the employee will
be paid for ten (10) hours of Holiday Pay when working a 4-10 schedule.
Holidays -Regularly Scheduled Day Off: When a holiday is observed on the employee's
regularly scheduled day off, the employee shall be paid eight (8) hours of Holiday
Straight Time.
Holidays -Full Work Day: When a holiday is observed on the employee's regularly
scheduled work day, and the employee works the entire shift, the employee shall be
paid Holiday Overtime for all regular hours worked.
Holidays -Partial Work Day: When a holiday is observed on the employee's regularly
scheduled work day, and the employee works a partial day, the employee shall be paid
Holiday Overtime for the hours worked and the remaining hours will be listed as Holiday
Pay hours.
SECTION 4. Employees regularly scheduled for eight (8) hour shifts will receive eight (8) straight
time hours as holiday pay. Employees regularly scheduled ten (10) hour shifts will receive ten
(10) straight hours as holiday pay. Employees working a shift at the employee's request in
excess of eight (8) hours will receive eight (8) hours of holiday pay.
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City of Tukwila - USW (2022-2024)
"I 131104:00=1119M, grell".11
SECTION 1. Education Incentive Pay. Any employee who has completed one (1) year of
service with the Tukwila Police Department and is holding an A.A. Degree or (2) years of college
(ninety credit hours) toward a Bachelor's Degree in an approved field of study will be awarded
an incentive pay allowance of 2% of the employee's base pay per month, which shall be
adjusted by years of service with the City of Tukwila Police Department pursuant to the
Education/Longevity Chart set forth in Appendix "A", Section 2.
Any employee who has completed one (1) year of service with the Tukwila Police Department
and is holding a B.S. or B.A. Degree in an approved field of study will be awarded an incentive
pay allowance of 3% of the employee's base pay per month, which shall be adjusted by years of
service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart
set forth in Appendix "A", Section 2.
Any employee who has completed one (1) year of service with the Tukwila Police Department
and is holding a M.S. or M.A. in an approved field of study will be awarded an incentive pay
allowance of 4% of the employee's base pay per month, which shall be adjusted by years of
service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart
set forth in Appendix "A", Section 2.
Approved fields of study:
Law Enforcement
Sociology
Psychology
Public Administration
Business Administration
Political Science
Other work-related fields of study subject to the approval of the Chief of Police.
SECTION 2. Eligible employees must complete one (1) year of service with the Tukwila Police
Department before becoming eligible for any educational allowance.
SECTION 3. In Service Training Agreements. Employees who are provided long- term training
(in excess of four consecutive weeks) as a result of an assignment can be required, as a
condition of assignment, to enter into a reimbursement agreement for costs of specialized
training. Reimbursement would be computed based upon term of
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City of Tukwila - USW (2022-2024)
agreement which shall not exceed twenty-four (24) months (i.e., 1124th per month on a 24 -
month contract). Training costs will be estimated at the time the contract is presented. Actual
repayment will be based on actual or estimated costs, whichever is lower.
SECTION 4. Longevity Pay Allowance. For employees not participating in the Education
Incentive Plan above, the following longevity pay is available as shown in Appendix "A", Section
2.
After 5 years
2% per month
After 10 years
3% per month
After 15 years
4% per month
After 20 years
5% per month
After 25 years
6% per month
ARTICLE 11- DEFINITIONS
Essential employee shall be defined as an employee assigned to positions that provide 24-hour,
7 day a week coverage. Non -Essential employee shall be defined as employees assigned to
other work schedules.
ARTICLE 12 -VACATIONS
SECTION 1. All employees will accrue vacation per pay period. Per pay period accruals will be
based on the current total annual accrual amount divided by 24 pay periods, as illustrated in
the following table:
YEAR
PAY PERIOD ACCRUAL (HOURS)
ANNUAL ACCRUAL (HOURS)
0-6 Months
0.00
48
7-12 Months
4.00
48
2
4.00
96
3
5.00
120
4
5.00
120
5
5.00
120
6
5.34
128
7
5.34
128
8
5.67
136
9
6.00
144
10
6.34
152
20
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City of Tukwila - USW (2022-2024)
11
6.67
160
12
7.00
168
13
7.34
176
14
7.67
184
15
8.00
192
SECTION 2. Annual vacation shall be subject to the following rules:
A. The minimum vacation allowance to be taken by an employee shall be in one (1)
hour increments, unless approved for an amount less than (1) hour.
B. Vacations shall be granted at such times that are mutually agreeable to both the
Employer and employee.
C. Temporary or intermittent employees who leave the employment of the City and
later are re-employed shall, for the purpose of this Article, commence their
actual service with the date of re-employment. For the purpose of this Article,
"actual service" shall be determined in the same manner as for salary purposes.
D. Maximum hours accumulation of vacation time shall not exceed that which is
equal to two (2) years total at the highest eligible rate.
On the death of an employee in active service, pay will be allowed for any
vacation not taken prior to the death of such employee.
An employee granted an extended leave of absence, which includes the next
succeeding calendar year, shall be given pro -rated vacation earned in the current
year before being separated from the payroll.
SECTION 3. Any City of Tukwila employee that is hired for a position covered by this Agreement
will transfer their previously accrued vacation balance to their new position.
SECTION 4. Part -Time Employees. Vacation leave benefits for regular part-time employees will
be pro -rated, e.g., an employee scheduled to work 30 hours per week will receive 75% of
vacation leave benefits received of regular full-time employees, i.e., employees regularly
scheduled for 40 hours per week.
SECTION 5. Employees assigned to an alternative schedule shall accrue vacation leave benefits
at 8 hours per month.
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City of Tukwila - USW (2022-2024)
rA15Rgo: a M 91:1—Z JrO Z0
Pension benefits shall be received in accordance with the Public Employees Retirement System
(PERS) and the Public Safety Employees Retirement System (PSERS) as currently in effect.
ARTICLE 14 - INSURANCE
SECTION 1. Medical Insurance
A. Medical Insurance - Except as otherwise provided in this Article, the Employer shall
contribute the premiums necessary to purchase medical care insurance for all full-time
employees and their dependents under the City of Tukwila's Self -Insured Medical Plan.
(Note: AWC plan A no longer exists). The Employer will pay 100% cost for members, and
90% cost of member's dependents.
B. Kaiser-Permanente - For employees who elect medical coverage through Kaiser-
Permanente, the Employer shall pay up to the maximum dollar amount contribution of
the Self -Insured Plan for employee and dependent coverage. Any premium amounts in
excess of the Employer's contribution shall be paid by the employee through payroll
deduction. Coverage under the Kaiser-Permanente Plan shall be as determined by
Kaiser-Permanente. The Employer will pay 100% cost for members, and 90% cost of
member's dependents.
C. Premium Cost Increases. The Employer shall continue to pay the premium cost increases
for medical coverage under the Self -Insured Medical Plan up to a maximum increase of
eight percent (8%) as part of the economic package. In the event the monthly premiums
increase more than the agreed upon maximum 8% percent in a year, the Employer or
the Union have the right to reopen the Agreement to negotiate changes in the Self -
Insured Medical Plan benefit levels so that the increase in premium costs does not
exceed the maximum increase agreed upon for that year.
D. The Union agrees to participate on the City of Tukwila Healthcare Management
Committee, if constituted. The members of the Healthcare Management Committee
shall meet with City management and shall discuss and negotiate among the voting
members on recommendations to the City with regard to changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs do not exceed eight
percent (8%).
SECTION 2. Dental. Dental Coverage will be maintained for all employees and their dependents
during the term of this Agreement under the City of Tukwila Self -Insured Dental Plan, or its
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City of Tukwila - USW (2022-2024)
replacement. All employees under this Agreement shall be required to participate. The cost for
such plan will be borne on the following basis: the Employer will contribute one hundred
percent (100%) of the total premium for this coverage. (AWC WDS Plan A no longer exists)
SECTION 3. Optical Plan. Examination and eyeglasses/contact lenses for all employees and
dependents covered under this Agreement will be paid for by the Employer. The City shall
provide coverage for eye examinations, vision, and optical care to regular full-time employees
and their dependents at the rate of $250 per person, to a maximum of $500 per family unit, per
year.
SECTION 4. Life Insurance. The Employer shall pay one hundred percent (100%) of the total
premiums of all life insurance of the benefits of the employee covered under this Agreement.
The face value of said insurance policy shall be $25,000 and shall include
$25,000 dismemberment clause.
SECTION 5. Disability Insurance. The Employer will pay the premiums for the Long -Term
Disability (LTD) benefits plan provided by the Employer for bargaining unit employees during
the term of the Agreement.
SECTION 6. The City retains the right to select all insurance carriers or to self -insure coverage as
provided herein.
SECTION 7. Part -Time Employees. Insurance benefits for regular part-time employees will be
pro -rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of
insurance benefits received by regular full-time employees, i.e., employees regularly scheduled
to work 40 hours per week.
SECTION 8. "Domestic partner". The City will extend dependent eligibility to an employee's
domestic partner and their dependent children, under the City's medical plans (Self-
Insured/Group Health). The City will provide benefit coverage to a domestic partner of the
same or opposite sex and dependent children on the same basis as provided to a spouse and
dependent children.
ARTICLE 15 - DISCIPLINARY PROCEDURES
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City of Tukwila - USW (2022-2024)
SECTION 1. The Employer retains the right to adopt rules for the operation of the Tukwila Police
Department and the conduct of its employees, provided that such rules do not conflict with City
Ordinances, City and State Civil Service Rules and regulations as they exist or any provision of
this Agreement. It is agreed that the Employer has the right to discipline, suspend or discharge
any employees subject to the provisions published as Administrative Policy, City Ordinances,
City and State Civil Service Rules and Regulations as they exist, and the terms of this
Agreement.
SECTION 2. The following procedures shall apply to all employees during the complaint and
disciplinary process.
A "disciplinary interview" shall mean questioning by a person in authority over an employee
when the interviewer either knows or reasonably should know that the questioning concerns a
matter that could lead to suspension, demotion or termination, as opposed to routine inquiries.
Every employee who becomes the subject of a disciplinary interview shall be advised, in writing,
a minimum of 48 hours prior to the time of the interview:
That they are suspected of misconduct that could be grounds for termination,
suspension or demotion;
That they have the right to Union representation during the interview; and
The general scope of the interview including the nature of the investigation in
sufficient detail.
Any employee who becomes the subject of a criminal investigation may have legal Counsel
present during all interviews. Nothing in this Agreement, however, shall be deemed a waiver of
an employee's right to Union representation. A criminal investigation as used herein shall be
interpreted as any action that could result in the filing of a criminal charge.
In criminal matters, employees will either be ordered to answer questions or informed that
they are not required to answer the Employer's questions as a condition of employment.
Employees shall be informed, in writing, as to whether they are witnesses or suspects before
any interview commences.
The employee or Employer may request that a disciplinary interview be recorded, either
mechanically or by a stenographer. There can be no "off the record" questions. Upon request of
the employee, the Employer shall provide an exact copy of any written statement the employee
has made and a copy of the employee's taped/transcribed interview.
24
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City of Tukwila - USW (2022-2024)
Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee
shall be afforded an opportunity and facilities to consult privately with an attorney of their own
choosing, before being interviewed. Such opportunity to contact and consult privately with a
private attorney shall not unduly delay the disciplinary interview. The employee shall be
entitled to such reasonable intermissions, as they shall request for personal necessities, meals,
telephone calls and rest periods. The employee may be represented by either a private
attorney or the Union during the interview, but not both.
All disciplinary interviews shall be limited in scope to activities, circumstances or events that
pertain to the employee's conduct or acts that may form the factual basis for disciplinary action
under one or more categories named above.
The employee will not be threatened with dismissal or other disciplinary punishment in an
attempt to obtain their resignation, nor shall they be subjected to abusive or offensive language
or intimidation in any manner. No promises or rewards shall be made as an inducement to
answer questions.
No employee shall be required to unwillingly submit to a polygraph test.
The investigation shall be completed in a reasonable amount of time in light of the
circumstances and the discipline shall be imposed within a reasonable amount of time after the
conclusion of the interview
Should any section, sub -section, paragraph, sentence, clause or phrase in this article be
declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of
the remaining portions of this article.
ARTICLE 16 - MANAGEMENT RIGHTS
SECTION 1. The Union recognizes the prerogatives of the Employer to operate and manage its
affairs in accordance with its responsibilities and powers of authority.
SECTION 2. The Employer has the right to schedule overtime work as required in a manner most
advantageous to the Department and consistent with requirements of municipal employment
and the public safety.
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435
City of Tukwila - USW (2022-2024)
SECTION 3. It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described.
SECTION 4. The Employer reserves the right to discharge or discipline an employee for just
cause. The Employer reserves the right to lay off personnel for lack of work or funds, or for the
occurrence of conditions beyond the control of the Employer, or when such continuation of
work would be wasteful and unproductive. The Employer shall have the right to determine
reasonable schedules of work and to establish the methods and processes by which such work
is performed in accordance with Article IV of this Agreement.
Should the City decide that it is necessary to make changes in the normal work schedule (5/2,
4/10, 9/80), the City will submit the proposed change and reasons therefore to the local Union
prior to the implementation of such change. The Union committee will not arbitrarily object to
such change. In the event the City implements the schedule change over the objection of the
Union committee and employees affected, the Union shall retain the right to submit its
objections and reasons therefore to the Grievance Procedure, Article 17, as to the necessity for
such change.
SECTION 5. No polices or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on City Officials
as defined in the following:
The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing
the laws of the State and the City, passing upon Ordinances adopted by the City Council,
recommending an annual budget, or directing the proper performance of all executive
departments.
The responsibility of the City Council for the enactment of Ordinances, the appropriation of
monies and final determination of employee's compensation.
The responsibility of the Civil Service Commission, as provided by ordinance, for establishing
rules, certifying registers and the reviewing of appointments in the police service.
The responsibility of the Chief of Police and their delegates governed by Ordinance, Civil Service
rules and Departmental rules, and as provided for in this Agreement, as follows:
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City of Tukwila - USW (2022-2024)
To recruit, assign, provide training, transfer, or promote members to positions within
the Department.
To take disciplinary action against members for just cause.
To relieve members from duties because of lack of work, lack of funds or for disciplinary
reasons.
To determine methods, means, and personnel necessary for Tukwila Police Department
operations.
To control the Tukwila Police Department budget.
To take whatever actions are necessary in emergencies in order to assure the proper
functioning of the Tukwila Police Department.
Except as provided by this Article or elsewhere in this Agreement, the Union retains the right to
bargain the impacts of management decisions on wages, hours and/or working conditions
within the meaning of RCW 41.56.
ARTICLE 17- GRIEVANCE PROCEDURE
A "grievance" means a claim or dispute by an employee with respect to the interpretation or
application of the provisions of this Agreement. It is specifically understood that any matters
governed by Civil Service Rules or statutory provisions shall not be considered grievances and
subject to the grievance procedure hereinafter set forth (except Union security provisions,
which shall be governed by Article 20).
Issues of interpretation or application of the provisions of this Agreement not appealable to the
Civil Service Commission shall be processed through the grievance procedure and shall
constitute a waiver of the right to address the same issue in any other forum.
NOTE: For the purpose of this Article, "working days" refers to Monday through Friday,
excluding holidays. (Housekeeping - moved existing language to here)
Step 1: An employee or Union must present a grievance in sufficient detail as to identify the
claim or dispute within(10) working days of its alleged occurrence (or knowledge of the event
giving rise to the grievance) to the employee's supervisor who shall attempt to resolve it within
five (5) working days after it is presented to the Supervisor. If the supervisor is unable to resolve
the grievance, the supervisor will provide a response in writing.
27
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City of Tukwila - USW (2022-2024)
Step 2: If the employee is not satisfied with the solution of their immediate supervisor, and
elects to proceed forward, then the grievance committee shall present a written grievance to
the Senior Manager within five (5) working days of receipt of the supervisor's written response.
The grievance shall include section(s) of Agreement allegedly violated, facts of the case, and
remedy sought. The Senior Manager shall attempt to resolve he grievance within five (5)
working days after it is presented to him/her and will provide a written response.
Step 3: If the employee is not satisfied with the solution by the Senior Manager, the written
grievance, along with all other pertinent materials, may be presented to the Police Chief or
their designee by the Union President or their designee within then (10) working days. The
Police Chief or their designee shall attempt to resolve the grievance within ten (10) working
days after it is presented to them.
Step 4: If the employee is not satisfied with the solution by the Chief of Police, the written
grievance, along with all other pertinent materials, may be presented to the Mayor or their
designee by the Union President or their designee within ten (10) working days. Within ten (10)
working days of said notice, the USW Staff Representative, or their designee, and the Mayor or
designee shall schedule a meeting to discuss and attempt to resolve the grievance. The Mayor
or their designee shall attempt to the USW Staff Representative within ten (10) working days of
said meeting.
Step 5: If the grievance is not resolved by the Mayor, or their designee, and the Union desires
to proceed further, the grievance shall be referred to arbitration. In any case, the Union shall
notify the City, in writing, within fifteen (15) working days after receiving the Mayor's answer
whether the Union desires to proceed further. Any appeal of a grievance to arbitration not
made in writing by the Union within fifteen (15) working days after the Mayor's, or their
designee's answer shall be considered resolved.
Step 6: In the event that arbitration is invoked, and if within five (5) calendar days the Employer
and the Union cannot mutually agree upon an arbitrator, then the parties will choose from the
following list of individuals who are qualified to act as arbitrators and the parties hereto shall
mutually agree upon one (1) arbitrator for the dispute.
Michael Cavanaugh
Alan Krebs
Howell Lankford
Joe Duffy
Mark Brennan
In the event one or more of the listed arbitrators are unable to serve, the parties will meet to
select a mutually acceptable replacement.
MW
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City of Tukwila - USW (2022-2024)
If the parties cannot agree on the selection of a single arbitrator from the names listed above,
then each party shall strike from that list one (1) name until there is only one (1) name
remaining on the list, and this individual shall constitute the arbitrator.
It shall be the function of the arbitrator to hold a hearing at which the parties may submit their
cases concerning the grievance. The arbitrator shall render their decision based on the
interpretation and application of the provisions of the Agreement within thirty (30) calendar
days after such hearing. The decision shall be in writing together with specific facts. The
decision shall be final and binding upon the parties to the grievance.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. The arbitrator shall consider and decide only the question of fact
as to whether there has been a violation, misinterpretation or misapplication of the provisions
of this Agreement. The arbitrator shall have no authority to make a decision on any issue not so
submitted or raised. The arbitrator's decision shall be final and binding upon the parties to the
grievance. The City, the Union and any bargaining unit member shall not have a right to bypass
the arbitration provisions of this Agreement and resort to litigation or any other forum to
appeal a grievance based on rights under this Agreement.
Expenses incurred by the arbitrator shall be paid equally by both parties. Otherwise, each party
shall be responsible for paying any costs of presenting its own case, including attorneys' fees
and witnesses.
Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions of
this Agreement.
The City of Tukwila and the Union agree that employment shall be consistent with applicable
State and Federal laws regarding discrimination.
If a grievance is not presented by the employee or the Union within the time limits set forth
above, it shall be considered "waived" and not be further pursued by the employee or the
Union. Time limits may be extended by mutual agreement of both parties. The party requiring
additional time shall specify in writing the extension period needed. If a grievance is not
appealed to the next step within the specific time limit or any agreed upon extension thereof, it
shall be considered settled on the basis of the City's last answer.
If the City does not answer a grievance or an appeal thereof within the specified time limits, the
aggrieved employee and/or Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The term "employee" for the purpose of
this Article may mean the employee accompanied by their Union representative if they so
desire.
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City of Tukwila - USW (2022-2024)
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.
SECTION 1. No Strike. During the life of this Agreement, neither the Union nor any officer,
agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including
sympathy strike), slowdown, concerted stoppage of work, or "sick- outs."
SECTION 2. No Lockout. During the term of this Agreement, the City will not instigate a lockout
over a dispute with the Union so long as there is no breach of Section 1.
SECTION 3. Union Official Responsibility. Each employee who holds the position of officer or
steward or committeeman of the local Union occupies a position of special trust and
responsibility in maintaining and bringing about compliance with the provisions of this Article.
In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of
their obligations under this Agreement, and to direct them to return to work.
F.11 OR I ro 9:0M9:_�� :0
SECTION 1. Discretionary Leaves. The City may, at its sole discretion, grant a leave of absence
under this subsection, except for illness, injury, or pregnancy, to any bargaining unit employee
for good and sufficient reason. The City shall, at its sole discretion, set the terms and conditions
of the leave, including whether or not the leave is to be with pay.
SECTION 2. Military Leave. Military leave shall be granted in accordance with applicable law.
SECTION 3. Jury Leave. Full-time employees covered by this Agreement who are required to
serve on a jury shall sign their jury duty checks over to the City. The City shall compensate such
employees at their regular rate of pay, for each hour actually spent on jury duty up to the
number of hours regularly scheduled on that work day.
30
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City of Tukwila - USW (2022-2024)
SECTION 4. Bereavement Leave. An employee who has a member of his/her immediate family
taken by death or who has been notified by a physician in attendance of imminent death may
request to use up to fifty-six hours of leave of absence with pay.
The employee will give as much notice as possible in proximity to the event. Immediate family
shall be defined as: spouse, registered domestic partner, mother, father, mother- in-law,
father -in law, children (including registered domestic partner's children in compliance with City
Policy & Procedure #02-02-14), brother, sister, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, grandparents, and grandchildren and any person acting in the capacity of a parent
to the employee as a child (applying "in loco parentis" doctrine).
SECTION 5. Employment Elsewhere. A leave of absence will not be granted to enable an
employee to try for or accept employment elsewhere or for self-employment without the
expressed written consent of the Chief of Police.
SECTION 6. Part -Time Employees. Leaves benefits for regular part-time employees will be pro-
rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of
leaves benefits received by regular full-time employees, i.e., employees regularly scheduled to
work 40 hours per week.
ARTICLE 20 - SAVINGS CLAUSE
SECTION 1. If any article of this Agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the reminder of this
Agreement and addenda shall not be affected thereby and the parties shall enter immediate
collective bargaining negotiations for the purpose of arriving at a mutual satisfactory
replacement of such article.
SECTION 2. If any provisions of this Agreement are found by a court of competent jurisdiction to
be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in
Union security provisions, in which case, the provisions of Article 20 shall prevail. The Employer
agrees that in the event that any provision of Civil Service Rules and Regulations are suspended,
abolished or modified, collective bargaining shall proceed immediately with respect to any
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City of Tukwila - USW (2022-2024)
items what as a result of such change may come within the discretion of the Employer, and the
results of such bargaining shall be made a part of this Agreement.
ARTICLE 21- ENTIRE AGREEMENT
SECTION 1. The Agreement expressed herein in writing constitutes the entire Agreement
between the parties, and no oral statements, customs or past practices that have not been
adopted in writing and agreed upon shall add to or supersede any of its provisions.
SECTION 2. The parties acknowledge that each has had the unlimited right and opportunity to
make demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this Agreement.
Therefore, except as otherwise provided in this Agreement, the Employer and the Union, for
the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to
oblige the other party to bargain with respect to any subject or matter not specifically referred
to or covered in this Agreement.
R131ro4:Mbig]Ok".11 alONus7":0�: UI:VqI
Unless otherwise provided herein, this Agreement shall become effective retroactive to January
1, 2022. It shall remain in force until December 31, 2024.
When there is a conflict between any collective bargaining agreement reached by an employer
and a bargaining representative on a Union security provision and any charter, ordinance, rule
or regulation adopted by the public employer or its agents, including but not limited to a civil
service commission, the terms of the collective bargaining Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have set their hands.
Approved this day of 12022.
FOR THE EMPLOYER FOR THE UNION
CITY OF TUKWILA United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
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32
Allan Ekberg, Mayor
City of Tukwila - USW (2022-2024)
Service Workers International Union, on
behalf of Local 9241-04
Leo W. Gerard, International President
Stanley Johnson, Int'I Secretary/Treasurer
Thomas M Conway, International Vice
President (Administration)
Fred Redmond, International Vice President
(Human Affairs)
Gaylan Z. Prescott, Director, District 12
Ron Espinoza, Sub -District Director
Ryan M. Meyhoff, Staff Representative
Jonathan Long, Unit -Chair — Local 9241
33
City of Tukwila - USW (2022-2024)
SCHEDULE "A" -WAGE SCHEDULES
POLICE NON-COMMISSIONED AGREEMENT
UNITED STEELWORKERS
AND
THE CITY OF TUKWILA
SECTION 2.1 - 2022 Wages*
January 1, 2022: A 6.3% wage increase shall be added to the 2021 base wages:
Wage Steps
00-12 mo.
2022
Hourly
Lead Records Specialist III
13-24 mo.
5318
30.68
Records/Probation
00-12 mo.
4587
26.47
Records Specialist III
13-24 mo.
4809
27.75
Records Specialist II
25-36 mo.
5048
29.12
Records Specialist 1
37-48 mo.
5292
30.53
Records Specialist
49+ mo.
5673
32.73
Lead Records/Probation
00-12 mo.
5068
29.24
Lead Records Specialist III
13-24 mo.
5318
30.68
Lead Records Specialist II
25-36 mo.
5583
32.21
Lead Records Specialist 1
37-48 mo.
5855
33.78
Lead Records Specialist
49+ mo.
6263
36.13
Police Support Officer/Probation
00-12 mo.
5763
33.25
PSO III
13-24 mo.
6057
34.94
PSO II
25-36 mo.
6358
36.68
PSO 1
37-48 mo.
6675
38.51
PSO
49+ mo.
6846
39.50
Evidence Tech/Probation
00-12 mo.
5330
30.75
Evid Tech III
13-24 mo.
5601
32.31
Evid Tech II
25-36 mo.
5880
33.92
Evid Tech 1
37-48 mo.
6173
35.61
Evid Tech
49+ mo.
6406
36.96
Community Policing/Probation
00-12 mo.
6839
39.45
CPC III
13-24 mo.
7178
41.41
CPC II
25-36 mo.
7536
43.48
CPC 1
37+ mo.
7913
45.66
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City of Tukwila - USW (2022-2024)
Police Information Analyst/Probation
00-12 mo.
6042
34.86
PIA III
13-24 mo.
6209
35.82
PIA II
25-36 mo.
6663
38.44
PIA 1
37+ mo.
7426
42.85
DV Advocate/Probation
00-12 mo.
5381
31.05
DV Advocate 111
13-24 mo.
5650
32.60
DV Advocate 11
25-36 mo.
5935
34.24
DV Advocate 1
37-48 mo.
6229
35.94
DV Advocate
49+ mo.
6680
38.54
Support Ops Admin Specialist/Probation
00-12 mo.
5069
29.24
SOAS 111
13-24 mo.
5323
30.71
SOAS 11
25-36 mo.
5591
32.26
SOAS 1
37-48 mo.
5868
33.85
SOAS
49+ mo.
6162
35.55
Patrol Admin Assistant
00-12 mo.
4644
26.79
PAA 111
13-24 mo.
4876
28.13
PAA 11
25-36 mo.
5119
29.54
PAA 1
37-48 mo.
5376
31.01
PAA
49+ mo.
5679
32.77
Evidence Tech Lead/Probation
00-12 mo.
5666
32.69
ETL 111
13-24 mo.
5950
34.32
ETL 11
25-36 mo.
6247
36.04
ETL 1
37-48 mo.
6559
37.84
ETL
49+ mo.
7018
40.49
*The parties agree that retroactive pay adjustments for 2022 shall be paid only to Union
members who are employed by the City of Tukwila Police Department (TPD) on the date of
signing by both parties.
35