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HomeMy WebLinkAbout12-155 - United Steelworkers - 2013 Labor Agreement (Police Non-Commissioned Employees)Ref. 12 -155 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: "oo", an M. Meyhoff, Staff-Representative Chris Partman, Unit Chair, Local 9241 For the City Of Tukwila: Jim Haggerton, Mayor �� a DWI) Final 12-155 Council Approval 11 /19/12 TUKWILA POLICE NON - COMMISSIONED EXTENSION LABOR AGREEMENT between the CITY OF TUKWILA and UNITED STEELWORKERS Effective January 1, 2013 — December 31, 2013 tukwilausw2012extensionthru2013finalc 1 Final 2013 TUKWILA POLICE NON -COMMISSIONED EXTENSION AGREEMENT tu kwilausw201 2extensionthru201 3f inalc 2 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 tu kwilausw201 2extensionthru201 3f inalc 2 Final 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 I 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 ba "Y'kaining 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, tu kwilausw201 2extensionth ru201 3f inalc 3 Final 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 i 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 . 4 1.56.122. 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 tl e;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. tukwilausw20l2extensionthru2Ol3finalc 4 Final 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 withthe 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. tukwilausw2012extensionthru2013finalc 5 Final 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 policyan compensatory time. Compensation shall not be paid more than once for the sainc.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. tukwilausw2012extensionthru2013finalc 6 Final 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'sfandby;stat'ixs, shall be compensated on the basis of four -(4) hours straight pay for eight (8) hours of ss,tandby 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 :'h discretion to determine whether compensatory time is to be granted to the employee., 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 tu kwilausw201 2extensionth ru201 3f inalc Final 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 negotating'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 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 trainii g!,'program, or other Police Department staff in the front office or evidence orientation as part of their field training program. tukwilausw2012extensionth ru201 3f inalc Final 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 ofthe 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. tu kwilausw201 2extensionth ru201 3f inalc Final ARTICLE 7 e 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 onlanuary 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: tukwilausw2012extensionthru2013finalc 10 Final Uniformed Personnel Records Lead Specialist Records Specialist Service Transport Officer Evidence Technician "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 3P 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 tukwilausw2012extensionthru201 Tinalc 11 Final Evidence Technician 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 3 Pants (long or short) 1 Jacket 2 Coveralls (1 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 HRANEBA 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 HRANEBA 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 HRANEBA Plan. tukwilausw2012extensionthru2013finalc 12 Final 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 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday In September November 11 Fourth Thursday in November Fourth Friday in November December 25 Employee's choice 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 Da�Off. 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. tukwilausw2012extensionthru2013finalc 13 Final 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 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 paj� 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 /LongevityChart,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. tu kwilausw201 2exte nsionth ru201 Tinalc 14 Final 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 show,, n in Appendix "A ", Section 2. After 5 years I% 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 tukwilausw2012extensionthru201 3f inalc 15 Final 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 vacatio.n`al.lowance to be taken by an employee shall be in one (1) hour increments. B. Vacations shall be e grant 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. tukwilausw2012extensionthru20l3finalc 16 Final 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. 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 §ball 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% ). tukwilausw20l2extensionthru2013finaic 17 Final 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 exam..inations, 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 Employ. 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. tu kwilausw201 2extensionth ru201 3f inalc 18 Final 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 jhe 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. tukwilausw2012extensionthru201 Tinalc 19 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 dorie 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;:'Aelay'the, disciplinary interview. The employee shall be entitled to such reasonable intermissions, as:. shall request for personal necessities, meals, telephone calls and rest periods.' The employee may be represented by either a private attorney or the'Uiiion 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. tukwilausw2012extensionthru2013finalc 20 Final 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 schbdule (6 -3, 5 -2), the City will submit the proposed change and reasons 1therefore 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 tle: 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. tukwilausw2012extensionthru20l3finalc 21 Final 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) morking 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 l: 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. tukwilausw201 2extensionth ru201 3f inalc 22 Final 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 ari "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 patties 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. tu kwilausw201 2extensionth ru201 3f inalc 23 Final 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 b th 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. tukwilausw2012extensionthru2013finalc 24 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`tliis Agreement who are required to serve on a jury shall sign their jury duty checks over, fo 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, childreri'(including domestic partner's children in compliance with City Policy & Procedure #02- 02 -14), brother, sister, son -in -law, daughter -in -law, brother -m- 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. tu kwilausw201 2extensionth ru201 3f inalc 1 25 Final 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 h' bargaining shall proceed immediately with respect to any items what as I a, result' of such change may come within the discretion of the Employer, and' he results bf 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, demarids 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 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. tukwilausw2012extensionthru2013finalc 26 Final ARTICLE 23 DURATION ®F 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 4n;cluding but not limited to a civil service commission, the terms of the collective bargaining Agreement shall prevail. CITY OF TUKWELA Y, US INT' L UNION Int' 1 Int'l Sec - Treas. Int'1 VP (Administration) Int'1 VP (Human Affairs) Director —Dist. 12 Unit Chair Negotiating Committee tukwilausw2012extensionthru2013finalc 27 Final WAGE SCHEDULE A POLICE NON - COMMISSIONED AGREEMENT UNITED STEELWORKERS AND THE CITY OF TUKWILA tukwilausw2012extensionthru2013finalc 28 Final SECTION 2 Education Incentive/Longevity Pay Chart Reference Article 10. tukwilausw2012extensionthru2013finalc 29 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% AA/AS 0 1% 1% 1% 2% 3% 4% 4% BA/BS 0 2% 2% 2% 3010 4% 4% 4% MA 0 3% 3% 3% 4% 4% 4% 4% tukwilausw2012extensionthru2013finalc 29 Final 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 111 -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 11- 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 11 -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 II -25 -36m 4911 DV Advocate 1- 37 -60m 5155 DV Advocate -61 +m 5528 tu kwilausw201 2extensionth ru201 3f inalc 30 Final 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. tu kwi lausw201 2extensionth ru201 3f inalc 31 Final 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 representing the City and the Union. Agreed to this .9:aay of Navew, ber , 2012 . CITY OF TUKWILA UNITE LOCAL NO. 9241 Chief of Police USW Local Unit Chair USW District 12 tukwilausw2012extensionthru2013finalc 32 Final 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: Definitions: "Seniority" shall be established based on each regular emplo;yee'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;lst through May 31st, June lst through September 30th and October 1st through January 3�1 st "Seniority Bid" The assignment of shifts for the periods beginning on June 1 St and on October lst 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. tu kwilausw201 2extensionth ru201 Tinalc 33 Final 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 B,id 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 lit; 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 shiff'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 fro':'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 tu kwilausw201 2extensionth ru201 3f inalc 34 Final 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 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). 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. tukwilausw2012extensionth ru201 3f inalc 35 Final 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 Chief of Police J4" U-L- - Director UNITED STEELWORKERS USW Local Unit'Chair 5. 12 tukwilausw201 2extensionth ru201 3f inalc 36