HomeMy WebLinkAboutReg 2012-11-19 Item 5 - Labor Agreement - 2013 United Steelworkers for Police Non-Commissioned EmployeesCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared b Ma or's review Council review
11/19/12 SB
ITEM INFORMATION
ITEMNO.
5
CAS NUMBER:
STAFF SPONSOR: STEPHANIE BROWN
ORIGINAL AGENDA DATE: 11/19/12
AGENDA ITEM TITLE Authorize the Mayor to sign the Memorandum of Agreement, and Collective
Bargaining Agreement, for a one year contract extension for the United Steelworkers
(USW) Police Non Commissioned employees for 2013.
CATEGORY Discussion
Mtg Date 11/19/12
Motion
Mtg Date11 /19/12
Resolution
Mtg Date
Ordinance
Mtg Date
EBdAward
Public Hearing
Mt
F Other
Mtg Date
SPONSOR Council Mayor Attorney DCD Finance Fire HR P &R Police PW
SPONSOR'S The City and USW Police Non- Commissioned Bargaining group have agreed to a one year
SUMMARY contract extension of the current labor agreement between the parties. The duration of
this agreement will be from January 1, 2013 December 31, 2013.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Human Resources
COMMIT "TEE
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/19/12
Informational Memorandum dated 11/13/12
Memorandum of Agreement (MOA) 1/1/13- 12/31/13
USW Police Non Commissioned Collective Bargaining Agreement (CBA) 2013
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Council
FROM: Stephanie Brown, Human Resources Director
DATE: November 13, 2012
SUBJECT: United Steelworkers (USW) Police Non Commissioned Collective
Bargaining Agreement (CBA)
BACKGROUND
The City and USW Police Non Commissioned bargaining teams have reached an agreement for
a one (1) year contract extension of the current Collective Bargaining Agreement (CBA) for
2013.
The one (1) year extension includes the following modifications to the terms:
1. The City agrees to increase the wages of covered employees by three (3 percent and;
2. The parties agree to modify Article 14- Section 1, Paragraphs C and D which reduces
the cap the employer pays on medical insurance premiums from 10% to 8
In addition, the agreement by the parties to a one year extension serves the purpose of having
all Union collective bargaining agreements expiring in 2013.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the Memorandum of Agreement, and
Collective Bargaining Agreement extension from January 1, 2013 December 31, 2013.
ATTACHMENTS
Memorandum of Agreement (MOA)
USW Police Non Commissioned Collective Bargaining Agreement (CBA)
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Memorandum of Agreement
Effective January 1, 2013
BETWEEN
UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND
SERVICE WORKERS INTERNATIONAL UNION, AFL -CIO, CLC
AND
CITY OF TUKWILA
TUKWILA POLICE NON- COMMISSIONED)
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union "USW and The City of Tukwila are parties to a Collective
Bargaining Agreement "CBA which, pursuant to the CBA's Article 23 is scheduled to expire on
December 31, 2012. The expiring CBA covers USW's Non Commissioned bargaining unit members
employed by the City of Tukwila.
The parties have agreed to a one (1) year extension of the current CBA, with an expiration date
of December 31, 2013. Except as modified herein, all provisions of the expiring CBA and any associated
Letters of Agreement shall remain in full force and effect until such time as a successor Collective
Bargaining Agreement between the USW and the City of Tukwila has been achieved or impasse
resolution procedures have been completed through PERC (RCW 41.56).
Modifications to the Agreement are limited to the following terms:
1. The City of Tukwila agrees to increase the wages of covered employees by three percent
(3%). (Wage schedule attached).
2. The parties agree to modify Article 14 Section 1, Paragraphs C. and D. (Modified Language
Attached)
For the USW:
Ryan M. Meyhoff, Staff Representative Chris Partman, Unit Chair, Local 9241
For the City Of Tukwila:
Jim Haggerton, Mayor
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TUKWILA POLICE NON COMMISSIONED
EXTENSION
LABOR AGREEMENT
between the
CITY OF TUKWILA
and
UNITED STEELWORKERS
On Behalf of
Local 9241(04)
Effective
January 1, 2013 December 31, 2013
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2013
TUKWILA POLICE NON COMMISSIONED
EXTENSION
AGREEMENT
by and between
THE CITY OF TUKWILA
and
UNITED STEELWORKERS ON BEHALF OF LOCAL 9241
TABLE OF CONTENTS
ARTICLE TITLE PAGE
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Table of Contents
2
Preamble
3
1
Recognition and Bargaining Unit
3
2
Union Membership and Dues Deduction
4
3
Working Out of Classification
6
4
Hours of Work
6
5
Salaries
8
6
Department Work Rules
9
7
Clothing Allowance
10
8
Sick Leave
12
9
Holidays
13
10
Education Allowance and Longevity Pay
14
11
Reserved for Future Use
15
12
Vacations
15
13
Pensions
17
14
Insurance
17
15
Disciplinary Procedures
19
16
Management Rights
20
17
Grievance Procedure
22
18
No Strike and No Lockout
24
19
Leaves
25
20
Savings Clause
26
21
Entire Agreement
26
22
Safety
26
23
Duration of Agreement
27
Schedule "A"
Wage Schedule
28
Memorandums of
Understanding
31
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PREAMBLE
This mutual agreement has been entered into by the United Steelworkers, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, for and on behalf of Local 9241 (hereinafter referred to as "United
Steelworkers" or "Union and the City of Tukwila (hereinafter referred to as "City" or
"Employer The purpose of this Agreement is the promotion of harmonious relations
between the Union and the City; the establishment of equitable and peaceful procedures
for the resolution of differences; and the establishment of rates of pay, hours of work, and
other terms and conditions of employment.
ARTICLE 1
RECOGNITION AND BARGAINING UNIT
SECTION 1. The City of Tukwila recognizes the United Steelworkers, AFL -CIO on
behalf of its members in Local Union 9241, as the exclusive bargaining representative of
the Police Department for all employees in positions listed in the Wage Schedule A;
provided that neither party waives its right to petition the Public Employment Relations
commission to add to or delete from the above list in accordance with established time
frames and procedures.
SECTION 2. There shall be no more than two (2) Union representatives designated to
act on behalf of members with regard to day -to -day administration of the Agreement.
For the purposes of negotiations with the Employer, the number of official
representatives of the Union shall be limited to three employees and one alternate, plus
representatives of the international union.
SECTION 3. Union Business. The Employer shall afford a Union officer (shop
steward) who is an employee in the bargaining unit a reasonable amount of time to meet
with appropriate administrator(s) and /or employee(s) with respect to the interpretation or
application of this Agreement; provided:
The Union officer shall give at least forty eight (48) hours notice to the Chief of Police or
designee prior to such meeting; the Union officer indicates the general purpose of the
meeting, i.e. issue to be discussed; the Employer is able to properly staff the employee(s)
job duties during the time period; the wage cost to the Employer is no greater than the
cost that would have been incurred had the Union officer not taken the time; the Union
official shall not transact such business while working on shift which in any way
interferes with the operation of the normal routine of City business.
Employees who are subpoenaed to appear as a fact witness during a Civil Service
Hearing, PERC hearing or labor mediation may be allowed to attend without loss of pay,
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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. Membership in the Union is required within thirty (30) days of
employment, unless an exemption is granted for a bona fide reason per RCW 41.56.122.
All employees within the bargaining unit, unless exempted hired after the execution of
this Labor Agreement shall, as a term and condition of employment, join and continue
membership in the recognized bargaining association. Current employees who are Union
members shall continue their membership throughout the life of this Agreement.
In accordance with RCW 41.56.122, employees covered by this Agreement who, for
bona fide religious tenants or teachings of a church or religious body are forbidden from
joining a union, shall contribute an amount equivalent to regular monthly union dues to a
non religious charity or to another charitable organization mutually agreed upon by the
affected employee and the Union monthly instead of union dues. The employee shall
furnish written proof to the Union that such contribution has been made.
SECTION 2. 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 based upon race, color,
religion, creed, national origin, handicap, sexual orientation, gender, or age, except where
gender or age is a bona fide occupational qualification.
All provisions of this Agreement shall apply equitably to all male and female employees.
Nothing in this clause shall restrict the Union from providing internal, Union sponsored
benefits to Union members only.
SECTION 3. Subject to the terms of this Agreement, no more than two (2) official
representatives of the bargaining 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.
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SECTION 4. 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 in the following form:
"Pursuant to this authorization and assignment, please deduct from my pay each month,
while I am in employment within the collective bargaining unit with the Employer,
monthly dues and (if owing by me) an initiation fee each as designated by the
International Treasurer of the Union, as my membership dues in said Union."
A copy of said deductions shall be forwarded to the Financial Secretary of the United
Steelworkers Local #9241.
"This assignment and authorization shall be effective and cannot be canceled for a period
of one (1) year from the date appearing above or until the termination of the current
collective bargaining agreement between the Employer and the Union, whichever occurs
sooner. I hereby voluntarily authorize you to continue the above authorization and
assignment in effect after the expiration of the shorter of the periods above specified; for
further successive periods of one (1) year from such date, I agree that this authorization
and assignment shall be come effective and cannot be canceled by me during any such
years, but that I may cancel and revoke by giving to the appropriate management
representative of the plant in which I am then employed, an individual written notice
signed by me and which shall be postmarked or received by the Employer within fifteen
days following the termination date of any collective bargaining agreement be between
the Employer and the Union covering my employment if such date shall occur within one
of such annual periods. Such notice of revocation shall become effective respecting the
dues for the month following the month in which such written notice is given; a copy of
any such notice will be give by me to the Financial Secretary of the local Union."
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 Union agrees to indemnify 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.
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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.
In the absence of the Evidence Technician, the person designated by the Chief of Police,
or their designee, to perform the primary duties of the position will be paid a premium of
five percent (5 of the employee's base rate of pay while so acting.
ARTICLE 4 HOURS OF WORK
SECTION 1. This Article is intended to define the normal hours of work, to provide the
basis for calculation of overtime, and set forth the policy on compensatory time.
Compensation shall not be paid more than once for the same hours under any provision
of the Agreement.
SECTION 2. Hours of Work The working hours for members affected by this
Agreement shall be the equivalent of forty hours (40) per week on an annualized basis,
exclusive of meal period. The normal schedule for employees shall be five (5) days
worked and two (2) days off during a seven (7) day period, except in the event of an
unusual occurrence, civil disorder or national disaster.
The normal working hours for members of the bargaining unit assigned to part -time
position(s) shall be twenty (20) hours per week on an annualized basis, exclusive of meal
period. The normal work schedule for part -time employees shall be established by the
Employer.
Full -time employees covered by this agreement may work alternative work schedules
with mutual agreement between the employee and the Employer, provided the Employer
may reassign the employee to the normal 5/2 work schedule at any time.
SECTION 3. Overtime. Except as otherwise provided in this Article, employees on
a five (5) day schedule shall be paid at the rate of time and one -half (1.5) for the first four
(4) hours in excess of eight (8) hours worked and beginning during the fifth (5th) hour in
excess of eight (8) hours worked at the rate of two (2) times their normal pay rate in one
(1) day, exclusive of lunch period. Thereafter, additional hours worked shall be at the
rate of two (2) times their normal pay rate, 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.
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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 of four -(4) hours straight pay for eight (8) hours of standby or
fraction thereof. If the employee is actually called back to work, normal overtime rules
shall apply. Compensation for standby shall not be paid in addition to overtime
minimum pay.
On Call Employees shall be compensated at the overtime rate for thirty (30)
minutes if they are required by the shift supervisor to be on call during their meal period.
"On call" is defined as being required to take a radio to lunch, or being required to stay in
the building during the meal period.
SECTION 5. Compensatory Time Compensatory time is defined as time off granted an
employee as compensation for hours worked in addition to the employee's regularly
scheduled workday or workweek.
It is the responsibility of the employee to request compensatory time in lieu of overtime if
so desired. The Employer shall have discretion to determine whether compensatory time
is to be granted to the employee when compensatory time is requested by the employee in
lieu of overtime.
The granting of compensatory time in lieu of overtime will be at the rate of one and one
half (1.5) for each overtime hour worked up to the 12th hour of continuous work.
Beginning at the 13th hour of continuous work the granting of compensatory time in lieu
of overtime will be at the rate of two (2) for each overtime hour worked.
Individual accrual of compensatory time in lieu of overtime shall not exceed fifty (50)
hours.
SECTION 6. Contacts Outside of Scheduled Work Hours The designated first contact
with an employee outside of scheduled work hours will be as assigned by the Chief of
Police, or the Chief's 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
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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 rat e 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. In the event the Mayor closes all or part of City facilities or operations in
the case of emergency or for safety reasons, employees will continue to maintain their
normal work schedule, unless specifically released from duty.
ARTICLE 5 SALARIES
SECTION 1. The Employer agrees to maintain salaries during the term of this
Agreement as set forth in Schedule A.
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 shall
preclude the Employer from establishing new positions or classifications.
SECTION 3. A differential pay of sixty -five cents ($0.65) per hour above an
employee's regular pay scale shall be paid for all work regularly scheduled between the
hours of 1700 0700 (5:00 p.m. to 7:00 a.m.).
SECTION 4. Police Records Specialists assigned by the Chief of Police, or their
designee, the responsibility of training other Department personnel shall be paid a
differential pay of one dollar ($1.00) per hour (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.
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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. 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.
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ARTICLE 7 CLOTHING ALLOWANCE
SECTION 1. Uniformed Personnel shall receive a clothing allowance of $300.00 per
year.
Non Uniformed personnel shall receive a clothing allowance of $350.00 per year.
Each new employee will receive the full amount specified at the time of hire. During
January of the year following hire, the new employee will receive a uniform allowance in
a pro -rated amount.
SECTION 2. The purpose of such allowance for Uniformed Personnel is to clean and /or
repair any equipment or clothing required by the Employer that is not furnished by the
Employer.
The purpose of such allowance for Non Uniformed Personnel is to purchase, clean and /or
repair any Approved Business Attire.
The allowance shall be paid once annually to each employee on January 31 of the new
year, and is subject to a pro -rated deduction from the final pay check in the event an
employee does not serve the entire twelve (12) months for which such payment was made
with the exception of an employee who retires or expires, in which event no deduction
shall be made.
SECTION 3. Uniforms shall be replaced on a quartermaster system, as needed and as
approved by the Employer.
The City shall issue and maintain, if required by the position, a uniform badge for each
non commissioned new hire employee, to be maintained by the employee. The City shall
retain ownership of this item.
SECTION 4. In the event that the Employer should change the clothing that is required
by the Tukwila Police Department during the life of this Agreement, employees so
affected by such changes shall be reimbursed for the entire cost of one (1) issue of such
new clothing. Such reimbursement shall apply in the event that a change in clothing is
required for a continuous and full -time purpose. During a transition period to new
uniforms, the City and existing Union members shall work together on a suitable uniform
for the employee(s). The parties agree that employees under a quartermaster system shall
not be reimbursed for the cost of the uniform issued to the employee.
SECTION 5. "One (1) issue" of new clothing shall be based on the clothing required for
the position. Records Lead Specialist and Records Specialist add to Uniform 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:
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Uniformed Personnel
Records Lead Specialist
Records 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 Victims Advocate
"One (1) issue" of new clothing shall be defined as follows:
Records Lead Specialist and Records Specialist
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
3 Pants
1 Lightweight Jacket (or sweater)
1 Heavyweight Jacket
Service Transport Officer
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
1 Uniform jacket
3 Pants
2 Uniform ties of matching or coordinated color
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Evidence Technician
5 Long sleeve or 5 short sleeve shirts, or any combination thereof
3 Pants (long or short)
1 Jacket
2 Coveralls (I Coverall for Evidence Technician Alternate)
ARTICLE 8 SICK LEAVE
SECTION 1. Employees shall be entitled to and awarded twenty -four (24) hours of sick
leave with pay upon date of employment with the Employer and, after the completion of
the third (3rd) month of continuous service, shall receive an additional eight (8) hours of
sick leave with pay per month to a maximum of seven hundred twenty (720) hours.
SECTION 2. Family Sick Leave Employees shall be allowed to use up to six (6) days
of sick leave per year to attend to the illness of immediate family members. "Immediate
family members" shall be defined as (a) a child of the employee with a health condition
that requires treatment or supervision; or (b) a spouse, parent, parent -in -law, or
grandparent of the employee who has a serious health condition.
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 must achieve and maintain a balance of 720 hours (or more) of
sick leave in order to participate in the HRA/VEBA Plan. Sick leave hours earned above
720 hours (in any calendar year) shall be cashed out at 25% of accrual above 720 hours
into the City's HRA/VEBA Plan/Steelworkers' Plan. Such Plan document shall be
prepared as soon as practical to meet the intent of this Section. The City and the Union
will work together to develop the USW HRA/VEBA Plan.
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ARTICLE 9 HOLIDAYS
SECTION 1. Employees shall receive holidays in accordance with existing City
ordinances, at times which are mutually agreeable to both the Employer and the
employee.
Holidays Listed The following are established as holidays:
January 1 New Year's Day
Third Monday in January Martin Luther King's Birthday
Third Monday in February President's Day
Last Monday in May Memorial Day
July 4
First Monday In September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
Employee's choice
Method of Payment:
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Floating holiday
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 Dam Employees shall receive double the normal straight
time 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 ordinance shall receive the pay due them for the 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.
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.
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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.
ARTICLE 10 EDUCATION ALLOWANCE AND
LONGEVITY PAY
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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 1% 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 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 M.S. or M.A. 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.
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.
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SECTION 3. In Service Training Agreements Employees who are provided long-
term training (in excess of four consecutive weeks) as a result of an assignment can be
required, as a condition of assignment, to enter into a reimbursement agreement for costs
of specialized training. Reimbursement would be computed based upon term of
agreement which shall not exceed twenty -four (24) months (i.e., 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.
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
1 per month
After 10 years
2% per month
After 15 years
3% per month
After 20 years
4% per month
ARTICLE 11- RESERVED FOR FUTURE USE
ARTICLE 12 VACATIONS
SECTION 1. The following schedule shall govern with respect to vacations through
December 31, 2006:
Years of
Annual
Years of
Annual
Service
Vacation
Service
Vacation
Completed
Hours
Completed
Hours
0 -6 mos
48
7 -12 mos
48
12
160
2 years
96
13
160
3
96
14
176
4
96
15
176
5
112
16
176
6
120
17
176
7
128
18
176
8
128
19
176
9
136
20
176
10
136
21
176
11
152
22+ years
184
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The following schedule shall govern with respect to vacations effective January 1, 2007:
Years of
Current
Service
Vacation
Completed
Hours
0 -6 mos
48
7 -12 mos
48
2 years
96
3
120
4
120
5
120
6
120
7
128
8
136
9
144
10
152
11
160
12
168
13
176
14
184
15+ years
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.
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.
E. 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. 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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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 Employ 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.
ARTICLE 13 PENSIONS
Pension benefits shall be received in accordance with the Public Employees Retirement
System (PERS) 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.
Such coverage shall not be less than that which existed under the Association of
Washington Cities Plan "A" in place October 1989; provided, however, except as agreed
to through mutual agreement of the parties.
B. Group Health For employees who elect medical coverage through Group Health
Cooperative, 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 trough payroll
deduction. Coverage under the Group Health Plan shall be as determined by Group
Health Cooperative.
C. 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 percent in a year, the Employer or the Union have the right to
reopen the Agreement to negotiate changes in the Self Insured Medical Plan benefit
levels so that the increase in premium costs does not exceed the maximum increase
agreed upon for that year. The Union agrees to accept reduction(s) in the maximum cap
the City of Tukwila Health Care Committee adopts during the term of this Agreement
(with a stop gap at 8%
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r:
D. The Union agrees to participate on the City of Tukwila Healthcare Management
Committee, if constituted. The members of the Healthcare Management Committee shall
meet with City management and shall discuss and negotiate among the voting members
on recommendations to the City with regard to changes in the Self Insured Medical Plan
benefit levels so that the increase in premium costs do not exceed eight percent (8
SECTION 2. Dental Dental Coverage will be maintained for all employees and their
dependents during the term of this Agreement under the City of Tukwila Self- Insured
Dental Plan, or its replacement. All employees under this Agreement shall be required to
participate. The cost for such plan will be borne on the following basis: the Employer
will contribute one hundred percent (100 of the total premium for this coverage. Such
coverage shall not be less than that which exists under the AWC WDS Plan "A" in place
October 1989, except as provided under Section 6. of this Article.
SECTION 3. Optical Plan Examination and eye glasses /contact lenses for all
employees and dependents covered under this Agreement will be paid for by the
Employer. The City shall provide coverage for eye examinations, vision, and optical care
to regular full -time employees and their dependents at the rate of $200 per person, to a
maximum of $400 per family unit, per year. All eyewear will be limited to a number one
(1) tint, except when another tint is prescribed by a medical examiner based on medical
necessity.
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. During the term of this Agreement, the City and the Union each reserve
the right to open negotiations in the event healthcare reform legislation 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 8. 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.
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Section 8. Domestic partner The City will extend dependent eligibility to an
employee's domestic partner and their dependent children, under the City's medical plans
(Self Insured /Group Health). The City will provide benefit coverage to a domestic
partner of the same or opposite sex and dependent children on the same basis as provided
to a spouse and dependent children.
ARTICLE 15 DISCIPLINARY PROCEDURES
SECTION 1. The Employer retains the right to adopt rules for the operation of the
Tukwila Police Department and the conduct of its employees, provided that such rules do
not conflict with City Ordinances, City and State Civil Service Rules and, regulations as
they exist or any provision of this Agreement. It is agreed that the Employer has the right
to discipline, suspend or discharge any employees subject to the provisions published as
Administrative Policy, City Ordinances, City and State Civil Service Rules and
Regulations as they exist, and the terms of this Agreement.
SECTION 2. The following procedures shall apply to all employees during the
complaint and disciplinary process.
A "disciplinary interview" shall mean questioning by a person in authority over an
employee when the interviewer either knows or reasonably should know that the
questioning concerns a matter that could lead to suspension, demotion or termination, as
opposed to routine inquiries.
Every employee who becomes the subject of a disciplinary interview shall be advised, in
writing, a minimum of 48 hours prior to the time of the interview:
That they are suspected of committing a criminal offense or 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.
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Final
Employees shall be informed, in writing, as to whether they are witnesses or suspects
before any interview commences.
The employee or Employer may request that a disciplinary interview be recorded, either
mechanically or by a stenographer. There can be no "off the record" questions. Upon
request of the employee, the Employer shall provide an exact copy of any written
statement the employee has made and a copy of the employee 's taped /transcribed
interview.
Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In all disciplinary interviews, the
employee shall be afforded an opportunity and facilities to consult privately with an
attorney of their own choosing, before being interviewed. Such opportunity to contact
and consult privately with a private attorney shall not unduly delay the disciplinary
interview. The employee shall be entitled to such reasonable intermissions, as they shall
request for personal necessities, meals, telephone calls and rest periods. The employee
may be represented by either a private attorney or the Union during the interview, but not
both.
All disciplinary interviews shall be limited in scope to activities, circumstances or events
that pertain to the employee's conduct or acts that may form the factual basis for
disciplinary action under one or more categories named above.
The employee will not be threatened with dismissal or other disciplinary punishment in
an attempt to obtain their resignation, nor shall they be subjected to abusive or offensive
language or intimidation in any manner. No promises or rewards shall be made as an
inducement to answer questions.
No employee shall be required to unwillingly submit to a polygraph test.
The investigation shall be completed in a reasonable amount of time in light of the
circumstances and the discipline shall be imposed within a reasonable amount of time
after the conclusion of the interview.
Should any section, sub section, paragraph, sentence, clause or phrase in this article be
declared unconstitutional or invalid, for any reason, such decision shall not affect the
validity of the remaining portions of this article.
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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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
(6 -3, 5 -2), 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 therefor 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:
To recruit, assign, 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.
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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.
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.
PRE GRIEVANCE PROCEDURE
Step 1 An employee having a grievance complaint must contact their immediate
supervisor within ten (10) working days of its alleged occurrence. The supervisor shall
attempt to resolve the complaint within five (5) working days after it is presented to
them.
Step 2: If the employee is not satisfied with the solution of their immediate
supervisor, then within ten (10) working days they may request that their complaint be
forwarded up the chain of command for a solution and that the employee shall receive an
answer to their complaint within ten (10) working days.
Step 3: If the Employee is not satisfied with the solution, then they may, within
ten (10) working days, present their complaint to their Union grievance committee who
shall review the complaint and decide whether the complaint will be drafted into a formal
written grievance.
FORMAL GRIEVANCE PROCEDURE
Step 1: Upon receiving an employee's grievance complaint and deciding that a
formal written grievance will be drafted, the grievance committee shall present a written
grievance to the Chief of Police within ten (10) working days of receipt of the
employee's complaint. The grievance shall include section(s) of the Agreement allegedly
violated, facts of the case, and remedy sought. The Chief of Police shall attempt to
resolve the grievance within ten (10) working days after it is presented to them.
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Step 2: 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. The Mayor or their designee shall attempt to resolve the grievance within ten (10)
working days after it is presented to them.
Step 3: 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) days
after the Mayor's, or their designee's answer shall be considered resolved.
Step 4: In the event that arbitration is invoked, and if within five (5) working 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.
Gary Axon
Thomas Levak
Carol Teather
Dustin McCreary
Eric Lindauer
In the event one or more of the listed arbitrators are unable to serve, the parties will meet
to select a mutually acceptable replacement.
If the parties cannot agree on the selection of a single arbitrator from the names listed
above, then each party shall strike from that list one (1) name until there is only one (1)
name remaining on the list, and this individual shall constitute the arbitrator.
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)
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.
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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.
NOTE: For the purpose of this Article, "working days" refers to Monday through Friday,
excluding holidays.
Litigation or any other contest of any subject matter involving an employee or the Union
in any court or other available forum shall constitute an election of remedies and a waiver
of the right to arbitrate the matter.
ARTICLE 18 NO STRIKE AND NO LOCKOUT
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.
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Final
SECTION 3. Union Official Responsibility. Each employee who holds the
position of officer or steward or committeeman of the local Union occupies a position of
special trust and responsibility in maintaining and bringing about compliance with the
provisions of this Article. In the event of a violation of Section 1 of this Article, the
Union agrees to inform its members of their obligations under this Agreement, and to
direct them to return to work.
ARTICLE 19 LEAVES
SECTION 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 2. Military Leave. Military leave shall be granted in accordance with
applicable law.
SECTION 3. Jury Leave. Full -time employees covered by this Agreement who are
required to serve on a jury shall sign their jury duty checks over to the City. The City
shall compensate such employees at their regular rate of pay, for each hour actually spent
on jury duty up to the number of hours regularly scheduled on that work day.
SECTION 4. 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 fifty -six hours of leave of absence with pay. Immediate
family shall be defined as: spouse, domestic partner, mother, father, mother -in -law,
father -in law, children (including 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.
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ARTICLE 20 SAVINGS CLAUSE
SECTION 1. If any article of this Agreement or any addenda hereto should be held
invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance
with or enforcement of any article should be restrained by such tribunal, the reminder of
this Agreement and addenda shall not be affected thereby and the parties shall enter
immediate collective bargaining negotiations for the purpose of arriving at a mutual
satisfactory replacement of such article.
SECTION 2. If any provisions of this Agreement are found by a court of competent
jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter
shall prevail except in Union security provisions, in which case, the provisions of Article
20 shall prevail. The Employer agrees that in the event that any provision of Civil
Service Rules and Regulations are suspended, abolished or modified, collective
bargaining shall proceed immediately with respect to any items what as a result of such
change may come within the discretion of the Employer, and the results of such
bargaining shall be made a part of this Agreement.
ARTICLE 21- ENTIRE AGREEMENT
SECTION 1. The Agreement expressed herein in writing constitutes the entire
Agreement between the parties, and no oral statement shall add to or supercede 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.
ARTICLE 22 SAFETY
0
The Union and the City agree that the physical fitness of Union members is important to
their health and safety. The City and the Union will both support and encourage
employees to be physically active and to be involved in a personal program of regular
exercise.
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Final
ARTICLE 23
DURATION OF AGREEMENT
Unless otherwise provided herein, this Agreement shall become effective on January 1,
2013. It shall remain in force until December 31, 2013.
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
UNITED STEEL, PAPER,
MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND
SERVICE WORKERS INT'L UNION
Jim Haggerton, Mayor Int'l President
tukwilausw20l 2extensionthru2Ol 3finalc
Int'l Sec Treas.
Int'l VP (Administration)
Int'l VP (Human Affairs)
Director —Dist. 12
Subdirector
Unit Chair
Negotiating Committee
27
Final
WAGE SCHEDULE A
POLICE NON COMMISSIONED
AGREEMENT
UNITED STEELWORKERS
AND
THE CITY OF TUKWILA
SECTION 1 —Wage Adjustments
The 2012 Wage Schedule shall be extended through 2013 to include a 3.0% base wage
increase across the board.
tukwilausw2012extensionthru2013finalc
Final
SECTION 2. Education Incentive/Longevit�Pay Chart
Reference Article 10.
The above chart shows agreed upon matrix.
The shaded boxes reflect changes from the 2006 -08 contract.
tukwilausw2012extensionthru2013finalc
29
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0 -1
Year
1 Year
2 years
3 Years
5 Years
10
Years
15
Years
20
Years
No
Degree
0
0
0
0
1%
2%
3%
4%
A
0
1%
1%
1%
2%
3%
4%
4%
BA/BS
0
2%
2%
2%
3%
1 4%
1 4%
1 4%
MA
0
3%
3%
3%
4%
1 4%
1 4%
1 4%
The above chart shows agreed upon matrix.
The shaded boxes reflect changes from the 2006 -08 contract.
tukwilausw2012extensionthru2013finalc
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Final
•I
Position Classification and Wage Schedule 2013
Records /Probation- 00 -12m
3796
Records Specialist III- 13 -24m
3980
Records Specialist 11- 25 -36m
4177
Records Specialist 1- 37 -60m
4379
Records Specialist -61 +m
4695
Records Lead /Probation- 00 -12m
4194
Records Lead Specialist III -13 -24m
4401
Records Lead Specialist II -25 -36m
4620
Records Lead Specialist 1- 37 -60m
4845
Records Lead Specialist -61 +m
5183
STO /Probation- 00 -12m
4411
STO 111 -13 -24m
4635
STO 11 -25 -36m
4866
STO 1- 37 -60m
5108
STO -61 +m
5240
Evid Tech Probation- 00 -12m
4411
Evid Tech III -13 -24m
4635
Evid Tech II -25 -36m
4866
Evid Tech 1- 37 -60m
5108
Evid Tech -61 +m
5301
Community Policing- 00 -12m
5659
CPC III -13 -24m
5939
CPC II -25 -36m
6236
CPC 1 -37 +m
6549
Police Information- 00 -12m
5000
PIA III -13 -24m
5138
PIA II -25 -36m
5513
PIA 1- 37 -60m
6146
DV Advocate /Probation- 00 -12m
4453
DV Advocate III -13 -24m
4676
DV Advocate 11 -25 -36m
4911
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MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
UNITED STEELWORKERS
AND
THE CITY OF TUKWILA
This MEMORANDUM OF UNDERSTANDING is by and between the CITY OF
TUKWILA, hereinafter referred to as the City, and the UNITED STEELWORKERS,
hereinafter referred to as the Union.
The purpose of this agreement is to set forth the conditions for employees who work an
alternative work schedule (e.g., 4 -10 or 9 -80).
Front Office Personnel:
Records Clerks assigned to the Front Office shall work a blended 4- 10/5 -8 schedule.
Either the City or Union may terminate the blended shift schedule and revert solely to a
5 -8 schedule, with two (2) weeks written notice to the other party.
Records Clerks assigned to a blended 4- 10/5 -8 schedule shall accrue vacation and sick
benefits at 8 hours per month.
Records Clerks assigned to the Front Office on a blended 4- 10/5 -8 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.
Holidays:
Holidays— Regularly Scheduled Work Day —When a holiday is observed on the
employee 's regularly scheduled work day, and the employee is given the day off, the
employee will be paid for eight (8) hours of Holiday Pay and use two hours of comp time
or vacation time when working a 4 -10 schedule.
Holidays Regularly Scheduled Day Off —When a holiday is observed on the
employee's regularly scheduled day off, the employee shall be paid eight (8) hours of
Holiday Straight Time.
Holidays —Full Work Day —When a holiday is observed on the employee's regularly
scheduled work day, and the employee works the entire shift, the employee shall be paid
Holiday Overtime for all regular hours worked.
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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.
Other Employees:
Other bargaining unit employees who receive approval from the Chief of Police, or their
designee, to work an alternative schedule (e.g. 4 -10, 9 -80) shall be covered by this
Memorandum of Understanding.
This Memorandum of Understanding shall take effect upon the signature of parties
representing the City and the Union.
Agreed to this day of 2012.
CITY OF TUKWILA
LOCAL NO. 9241
UNITED STEELWORKERS
Chief of Police
Director
tukwilausw2012extensionthru2013finalc
USW Local Unit Chair
Subdirector
USW District 12
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MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
UNITED STEELWORKERS
AND
THE CITY OF TUKWILA
This MEMORANDUM OF UNDERSTANDING is by and between the CITY OF
TUKWILA, hereinafter referred to as the City, and the UNITED STEELWORKERS,
hereinafter referred to as the Union.
The City and the Union have agreed to shift assignment based on seniority. The parties
agree to the following:
Dpfinitions:
"Seniority" shall be established based on each regular employee's most recent date of
hire as a Records Clerk. 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 Lead Records Clerk.
"Shift Assignment Period" There shall be three shift assignment periods per calendar
year. They will be February 1 st through May 31 st, June 1 st through September 30th and
October 1 st through January 31st.
"Seniority Bid" The assignment of shifts for the periods beginning on June 1st and on
October 1 st 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 Lead Records Clerk will be responsible for
managing the shift bidding and assignment procedure, under the direction of the Police
Management Assistant.
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M e
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 Lead Records Clerk 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 Clerk with the most seniority will have first
choice of the available shifts, and will indicate their shift bid by singing their name in the
open slot. The process of bidding will continue, by seniority, until the Records Clerk
with the least seniority makes their selection. During the Reverse Bid term, the Records
Clerk with the least seniority will start the bidding process. The process of bidding will
continue, by reverse seniority, until the Records Clerk 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 Lead Records Clerk 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.
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 Management Assistant, 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 Lead Records Clerk will identify the shift assignments for each eligible Employee,
based on bidding preference and seniority. The Police Management Assistant 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
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concerns. Should a position vacancy occur, the City will determine which shift, if any
will remain unfilled.
The Lead Records Clerk 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 anothdr 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).
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.
Duration:
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.
Should any term or condition of this Agreement conflict with the terms and conditions of
the current Labor Agreement between the City and the Union, the contact shall prevail.
Either party may opt out of the Memorandum of Understanding with thirty (30) days
written notice to the other party. In the event either party opts out of the seniority bid
process, the Employees will remain on their current shits until the next Shift Assignment
Period, at which time they will be rotated in a manner agreed upon by both parties.
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This Memorandum of Understanding shall take effect upon the signature of parties
representing the City and the Union.
Agreed to this day of 9 2012
CITY OF TUKWILA
LOCAL NO. 9241
UNITED STEELWORKERS
Chief of Police
Director
tukwilausw2012extensionthru2013finalc
USW Local Unit Chair
Subdirector
USW District 12
0