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HomeMy WebLinkAbout5219] ORDINANCE NO. 5 2 19 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING 4 AGREEMENT BETWEEN THE CITY AND THE FINANCE CLERICAL EMPLOYEES, MEMBERS OF THE DRIVER SALES AND WAREHOUSE UNION 5 LOCAL 117, FOR 1999 - 2001. 6 7 WHEREAS, the City of Auburn recognizes The Driver Sales and Warehouse 8 Union Local 117 as the sole exclusive collective bargaining representative of all full- 9 time Finance Clerical employees as classified in Appendix "A-I" of the Collective lO ] ] Bargaining Agreement for 1999 - 2001; and 19,, WHEREAS, all temporary and part-time employees, supervisors, ]3 confidential, professional, protection employees and employees engaged in training 14 and instruction for management positions shall be excluded from the Collective 15 Bargaining Agreement for 1999 - 2001; and 16 WHEREAS, after review and approval of the Collective Bargaining ]7 18 Agreement with the Finance Clerical Employees, members of the Driver Sales and 19 Warehouse Union Local 117; 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 2] KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: 22 23 24 25 26 Ordinance No. 5219 February 19, 1999 Page 1 I Section 1. The City Council hereby authorizes the execution of the 2 Collective Bargaining Agreement between the City of Auburn and the Finance 3 Clerical Unit, Warehouse Union Local 117, for 1999- 2001. Section 2. The Mayor is hereby authorized to implement such 5 6 administrative procedures as may be necessary to carry out the directions of this 7 legislation. 8 Section 3. This Ordinance shall take effect and be in force five (5) days 9 from and after its passage, approval and publication, as provided by law. 10 12 INTRODUCED: Aprj.15, 1999 13 14 PASSED: April 5, 1999 15 16 APPROVED: April 5, 1999 18 CHARLES A. BOOTH ]9 MAYOR 20 2] 22 23 24 25 26 OrdLnance No. 5219 February 19, 1999 Page 2 ! 2 3 ATTEST: z~ E Dask · a!TI, City Clerk 8 9 10 APPROVED AS TO FORM: 12 13 Michael J. Reynolds, City Attorney 16 20 2] 22 23 2,dl- 25 26 oz:cu. nance ~o. E'eb~cuaz:y ~-9, 'L999 Page 3 AGREEMENT BY AND BETWEEN CITY OF AUBURN AND DRIVER SALES AND WAREHOUSE UNION LOCAL 117 FINANCE CLERICAL EMPLOYEES 1999 - 2001 · TABLE OF CONTENTS ARTICLE I- RECOGNITION AND BARGAINING UNIT ....................................1 ARTICLE II ~ UNION MEMBERSHIP AND DUES DEDUCTION ...~ ...................1 ARTICLE III - UNION ACTIVITIES .............'. ........................................................2 ARTICLE IV- NONDISCRIMINATION ...............................................................3 ARTICLE V - HOURS OF WORK ......................................................................3 ARTICLE VI - PROBATIONARY PERIODS AND EVALUATIONS .................... 4 ARTICLE VII - CLASSIFICATIONS AND RATES OF PAY ................................4 ARTICLE VIII - WORKING OUT OF CLASSIFICATION .... : ...............................5 ARTICLE IX - HOLIDAYS ..........'. .....................................................: .................5 ARTICLE X - VACATIONS .................................................................................6 ARTICLE XI ~ HEALTH AND WELFARE ...........................................................7 ARTICLE XII - JURY DUTY .......... .....................................................................8 ARTICLE XIII - SICK LEAVE AND EMERGENCY LEAVE ................................8 ARTICLE XIV - BEREAVEMENT LEAVE ..........................................................11 ARTICLE XV - GRIEVANCE AND ARBITRATION PROCEDURE .................... 11 ARTICLE XVI - SENIORITY ...............................................................................12 ARTICLE XVII- MANAGEMENT RIGHTS .........................................................14 ARTICLE XVlll - WORK STOPPAGES ..............................................................14 ARTICLE XIX - BULLETIN BOARDS .................................................................14 ARTICLE XX - SAVINGS CLAUSE ....................................................................15 ARTICLE XXI - ENTIRE AGREEMENT .............................................................15 ARTICLE XXII - TERM OF AGREEMENT .........................................................15 ARTICLE XXIII- UNIFORM AND SAFETY EQUIPMENT .................................15 APPENDIX A - RATE OF PAY ...........................................................................16 SIGNATURE PAGE ...........................................................................................17 Article I RECOGNITION AND BARGAINING UNIT The City hereby recognizes the Union as the sole exclusive collective bargaining representative of all full-time Finance Clerical employees classified in Appendix "A-I". All temporary and part-time employees, supervisors, confidential, professional, employees and employees engaged in training and instruction for management positions shall be excluded from the bargaining unit. Temporary and part time employees excluded from the contract are those who work less than four (4) continuous months in a calendar. year or less than eighty (80).hours in a calendar month. Article II UNION 'MEMBERSHIP AND DUES DEDUCTION Section 1. The Union accepts its responsibility to fairly represent all employees in the bargaining unit. Each full-time employee within the bargaining unit shall make application to become a member of the Union within thirty-one (31) days from his/her date of hire or within thirty-one (31) days from the execution date of this Agreement (whichever is later), and all such employees shall maintain membership in the Union in good standing for the life of the Agreement by payment of regular initiation fees and dues to the Union. Should a member have a bona fide religious objection to Union affiliation RCW 41.56.122 will prevail. Section 2. Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Union shall provide the employee and the City thirty (30) days notification in writing of the Union's request to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge shall be withdrawn. Section 3. The City agrees to deduct from the paycheck of each employee who has so authorized it the initiation fee and regular monthly dues uniformly required of members of the Union. The amount deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon requesL No portion of the fund collected by the Union under this provision shall be used for support of political purposes in Auburn. 1999 - 2001 Finance Clerical Contract Page 2 Article III UNION ACTIVITIES Section 1. The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purposes of investigating grievances, provided such representative does not interfere with the normal work processes. No Union member or officer shall conduct any Union business on City time and no Union meetings will be held on City time or premises. Section 2. The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union, so long as these activities do not interfere with normal work processes of the City. It shall not be a violation of this Agreement or cause for discharge for any employee to refuse to cross a lawful primary picket line in the performance of his/her duties provided that: a) the picket line has been approved by Driver Sales and Warehouse Union No. 117 and, b) employees shall be required to serve a customer that is not the object of the picketing. The employees will, however, cross picket lines to service emergency situations. The Union recognizes that the City may have an obligation which may require service to be performed which may not be of an 'emergency nature but is the subject of a labor dispute and where the City's Union personnel have refused to cross a legal picket line. It is further agreed that the Union shall not interfere with the City performing the service by other means. It is understood that any Union employee willfully ignoring this provision removes himself from the protection afforded above. Section 3. The City reserves the right to discharge or suspend any employee in its employ for just cause. An employee who has been discharged may protest the discharge to the Union. An employee who has been discharged and the Union may protest the discharge to the City in writing within Seven' (7) calendar days of the date of discharge if the employee considers the discharge was not for just cause. If the dispute is not resolved between the parties within ten (10) calendar days following such protest the grievance procedure may be used as provided in this Agreement. Section 4. Employees shall be informed that they are allowed Union representation at disciplinary hearings. 1999 - 2001 Finance Clerical Contract Page 3 Article IV NONDISCRIMINATION The City and the Union agree to promote and afford equal employment opportunity to all persons regardless of race, creed, color, ethnicity, national origin, sex, age, marital status, or the presence of any non-job-related physical, sensory or mental handicap. Article V HOURS OF WORK Section 1. The normal workweek' for full-time employees shall be five (5) consecutive days, Monday through Friday, of not less than eight (8) hours per day exclusive of lunch period. Section 2. All time worked in excess of eight (8) hours in any one day (unless a Flex time schedule is in effect) or forty (40) in any one workweek shall be considered overtime and shall be paid for at the rate of one and one-half (11/2) times the straight- time rate of pay. Section 3. Employees called back to work shall receive a' minimum of two (2) hours pay at the overtime rate for the work for which they are called back. This 'provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Section 4. All employees shall have a regular starting and a regular quitting time and any work pe~ormed immediately preceding the regular starting time or immediately following the regular quitting time shall be considered overtime. An employee's regular starting time and regular quitting time shall be the same each day of the workweek, unless a Flex time program is in effect. Under a Flex time program, the City retains the right, in the event of an absence, to move employees from one shift to the other without prior notification. 'Section 5. Payment for authorized overtime hours worked shall be paid or compensatory time earned at the employee's option, such option to be exercised at the time earned without option to change the decision once it is made. Compensatory time shall be earned and accumulated at the rate of one and one-half hours for each overtime hour worked; provided that the maximum allowable accrued shall be 80 hours of compensation. 1999 - 2001 Finance Clerical Contract Page 4 Article Vi PROBATIONARY PERIODS AND EVALUATIONS Section 1. All newly hired and promoted employees will serve a six (6) month probationary period, which for newly hired employees may be extended for up to 6 months; if, within the six (6) month probationary period, the employee is not able to perform his/her duties to the satisfaction of the City and is terminated from this position, then the termination is both non-protestable and nonogrievable under the provisions of Article Ill, Section 3, and Article XV of this Agreement. It is understood that in the case of existing employees who apply for and are hired for a new position and do not meet the terms of probation the employee will be returned to his/her former position or one of comparable status within provisions of this contract. Section 2. All employees covered by this Agreement shall receive a minimum of one (1) written evaluation per year by their supervisor and/or department head. Probationary employees will receive at least one evaluation prior to becoming a regular employee and annually based on date of hire thereafter. In the event the City feels an employee is not performing his/her duties at a satisfactory level, the supervisor and/or department head shall first discuss the problems with the employee in an informal, oral meeting. If the problem is not rectified, the supervisor and/or department head shall then again meet with the employee and shall present a written analysis of the situation and problems, together with recommendations on what the employee is expected to do to resolve the situation. If the situation or problem is still not corrected, the City may then place the employee on probationary status, and subsequently terminate his/her employment. In addition, the written evaluation shall include career development recommendations. Article Vii CLASSIFICATIONS AND RATES OF PAY Section 1. Employees covered by this Agreement shall be compensated in accordance with Appendix A, attached hereto, outlined as follows: 1-1-99 A 2.25% cost-of-living increase, plus market adjustments in Appendix A attached hereto. 1-1-00 90% Seattle-Tacoma-Bremerton CPI-W (August to August) with a minimum of 2.25% and a maximum of 4%. 1-1-01 90% Seattle-Tacoma-Bremerton CPI-W (August to August) with a minimum of 2.25% and a maximum of 4%. 1999 - 2001 Finance Clerical Contract Page 5 Section 2. Paydays for employees covered by this Agreement shall be on the 8"~ and 23~d of each month. Article VIII WORKING OUT OF CLASSIFICATION Whenever an employee is assigned by proper authority to perform the major skills and scope of a higher paid classification in the bargaining unit for a period of more than six (6) consecutive hours before returning to his/her regular classification, such employee shall be paid for the full period at the next highest pay rate in the pay scale, provided the employee meets minimum qualifications for the position and performs at the same level of proficiency. Proper authority shall be a supervisory employee designated by the department head. Article IX HOLIDAYS Section 1. The following holidays shall be paid holidays for all employees covered by this Agreement: New Years Day Veteran's Day Martin Luther King's Birthday Thanksgiving Day Washington's Birthday Day After Thanksgiving Memorial Day Christmas Day Independence Day Two Floating Holidays Labor Day The day of observance of the above holidays shall be the days specified by City ordinance. if any one of the above holidays falls on a Sunday, the following Monday shall be the holiday. If it falls on Saturday, the preceding Friday shall be the holiday. Section 2. Request to take a Floating Holiday. shall be made by the employee who shall have the responsibility to notify the department head or designee fifteen (15) days prior to the date requested by the employee. Section 3. Employees performing work on any of the above holidays shall receive the holiday pay specified above plus compensation for actual time worked at the overtime rate with a minimum of two (2) hours. 1999 - 2001 Finance Clerical Contract Page 6 Article X VACATIONS Section 1'. Annual vacations with pay shall be granted to eligible employees on the following basis: for service less than one (1) year, vacation leave credit shall accrue at the rate of one (1) working day for each month of continuous service commencing from the date of most recent employment with the City; for continuous service of more than one (1) year, vacation leave credit shall accrue at the following rate: I to 4 years of continuous service 12 working days per year 5 to 9 years of continuous service 15 working days per year 10 to 14 years of continuous service 18 working days per year 15 to 19 years of continuous service 20 working days per year 20 years or more 22 working days per year An employee who terminates employment during the initial ninety (90) days of employment shall not be entitled to annual vacation leave. Section 2. Normally vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. Employees may accumulate up to two (2) years of vacation accrual. Vacation accrual beyond two (2) years will be automatically lost if not used within the month it is earned. Selection of vacation leave will be based on seniority if selection is made by March 1 of each calendar year. Section 3. Vacation leave shall be scheduled at a time mutually agreed upon between the department head and the employee. Section 4. In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year and in the Current year and not taken prior to the death of such employee. 1999 - 2001 Finance Clerical Contract Page 7 Article XI HEALTH AND WELFARE Section 1. a. Effective January 1, 1999, the City shall pay the same proportionate amount each month that it did in 1998 into the following trusts for every employee covered by this Agreement who received compensation for 80 hours or more in the previous month plus an additional fifty percent (50%) of any increase in Health and Welfare premium only. 1. Health and Welfare: "JC28XL Plan" 2. Dental: RC Dental Plan 3. Vision: Extended Benefits 4. States West Life Insurance Policy in the amount of $5,000.00. (Effective within 30 days upon signing of agreement.) 5. Provident Short Term Disability b. Effective January 1, 2000, the City shall pay the same proportionate amount each month that it did in 1999 into the trusts for every employee covered by this Agreement plus an additional fifty percent (50%) of any increase in Health and Welfare premium. c. Effective January 1, 2001, the City will pay the same proportionate amount each month that it did in 2000 into the trusts for every employee covered by this Agreement plus an additional fifty percent (50%) of any increase in Health and Welfare premium Section 2. Payments required under any of the foregoing provisions shall be made on or before the fifteenth day of the month and in the event the trusts are required to take legal action to collect any City contribution due under this Agreement, the City shale be liable for ali necessary legal and court costs. Section 3. The Union agrees that during the life of this Agreement, it will not request any additional payments or benefits. 1999 - 2001 Finance Clerical Contract Page 8 Section 4. The City and the Union agree to be bound by.the provisions of the Agreement and declaration of Northwest Administrators, Inc. and agree that the trustees of that trust act as trustees on their'behalf. Article XII JURY DUTY Time off with regular pay will be granted for jury duty. Pay for jury duty shall be returned to the Employer. In order to be eligible for regular pay, the employee must furnish a written. statement from the appropriate public official showing the dates and time served. The employee must give the department head prompt notice of call for jury duty. Employees shall be required to report to work for any major portion (more that two [2] hours), of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled. If less than two hours of a shift remains, the employee will contact their supervisor for direction. Article XIII SICK LEAVE AND EMERGENCY LEAVE · Section 1. A uniform sick leave plan shall be granted to eligible employees. Sick leave credit shall accumulate at the rate of eight (8) hours sick leave per month. Sick leave is accumulative to a maximum of nine hundred sixty (960) hours. Sick leave credit may be used for time off with pay for bonafide cases of incapacitating sickness or injury and for the period of disability resulting from pregnancy or childbirth. Abuse of sick leave shall be grounds for suspension or dismissal. Part-time, temporary employees shall not be eligible for sick leave. Section 2. A verifying statement from the employee's physician may be requested by the City, at its option, whenever an employee claims sick leave for one (1) day.or longer. Section 3. Employees incapacitated by illness or injury shall notify their immediate supervisor as close to scheduled starting time as possible that he/she is to report for duty. Failure to do so may result in loss of paid sick leave for that day. During periods of extended illness, employees shall keep their supervisors informed as to their progress and potential date of return to work. 1999 - 2001 Finance Clerical Contract Page 9 Section 4. In the event of injury or illness for which an employee receives Worker's Compensation, the amount of such compensation shall be deducted from the next regular pay received by the employee. Section 5. Upon approval of the department head, an employee shall be granted up to three (3) days of sick leave for illness in the immediate family provided that the three (3) day limitation shall not apply to sick leave used to care for minor children pursuant to State law. Immediate family shall be defined as father, mother, spouse or children of the employee. Section 6. Upon retirement or termination in good standing, unused accrued sick leave to a maximum of nine hundred sixty (960) hours shall be reimbursed in accordance with the following schedule based on continuous years of service. Employees hired after 1/1/93 shall not be eligible to receive any cash.payment for accrued sick leave at separation of employment for any reason. Upon Completion of Years of Service Percent of Accrued Unused Sick Leave 0 - 4 years 0% 5 - 14 years 25% 15 - 24 years 50% 25 years and over 100%+ Section 7. When an employee has accumulated nine hundred sixty (960) hours, i.e~, one hundred twenty (120) days of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours per month, i.e., one (1) day per month until the end of the calendar year at which time all sick time accumulated by the employee in excess of nine hundred sixty (960) hours shall be paid at twenty-five (25) percent of the employee's then hourly rate.. Section 8. In order to provide an incentive for using sick leave only as necessary, members of the unit shall be entitled to bonus days off for non-use of sick leave during a calendar year. Employees who use no sick leave in a calendar year shall be entitled to two (2) bonus days off in the following year. Employees who use up to sixteen (16) hours sick leave in a calendar year shall be entitled to one (1) bonus day off. Use of bonus days shall not affect sick leave balances. Section 9. An employee may use up to twelve (12) weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: .1999 - 2001 Finance Clerical Contract Page 10 An employee who has worked for the City at least twelve months, including at least 1250 hours in the last twelve months, may be entitled to .12 work weeks' of paid/unpaid leave in any twelve month period. .. (1) to care for a newborn or newly adopted child or newly placed foster child;' (2) to care for a child, parent or spouse who has a serious or terminal health condition; or (3) to attend to a personal serious health condition. An employee must give their Department Head or his designee at least 30 days written notice by completing a' "Leave Request Form" in advance of the anticipated date the leave is to begin (14 days notice for a leave due to a child's terminal illness). If the employee is unable to give the required notice, notice m'ust be given, in writing, as soon as possible. While on Family and Medical Leave the employee must use all accrued but unused leave including sick leave, vacation, compensatory time and any other paid leave accrued prior to using unpaid leave. Use of the above paid leave will apply toward the twelve work week entitlement, and is not in addition to the entitlement. Upon return from the leave, the-employee is entitled to return to the same position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newborn or newly adopted child or newly placed foster child: FMLA leave must be taken within (12) twelve months of the birth, adoption, or placement of a child. If both parents are employed by the City, together they are entitled to a total .of (12) work weeks of paid/unpaid leave under this paragraph. In the case of maternity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be assessed towards the twelve work week period. . Time loss due to disability prior to or following giving birth will be assessed towards the twelve work week period. Intermittent or reduced leave for birth or placement for adoption or foster careof a child may only be taken with Department Director's approval. Certification by a health care provider may be required. 1999 -2001 Finance Clerical Contract Page 11 Care of a child, parent or spouse who has a serious or terminal condition, or to attend to a personal serious health condition: Certification and/or second or third opinions by a health care provider may be required for leave approval. Re-certification may be required every 30 days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Section 9. An employee shall be granted three (3) months maternity leave from the date of confinement to date of return as verified by the attending physician for a disability caused or contributed to the pregnancy. Article XIV BEREAVEMENT LEAVE Upon approval of the department head, employees shall be allowed up to three (3) days leave with pay for death in the immediate family. Immediate family shall include only father or father-in-law, mother or mother-in-law, spouse, grandparents, brother, sister or children of the employee. Article XV GRIEVANCE AND ARBITRATION PROCEDURE Section 1. For the purpose of this Agreement, the term "grievance" means any dispute between the City and the Union concerning the interpretation or application of this Agreement. Any alleged grievance shall be taken up by the employee with his/her supervisor/foreman within five (5) working days of the occurrence. The above parties agree to make every effort to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply: Step 1. If the grievance is not adjusted to the satisfaction of the grievant within five (5) working days from the time of the meeting between the employee and the sUpervisor/foreman,. then the grievance may be presented to the division head, or supervisor in units without a division head, in writing setting forth the detailed facts concerning the nature of the grievance, the contractual provision alleged violated and relief sought. Upon receipt of the written grievance the division head/supervisor shall within five (5) working days meet with the grievant and Union representative in an attempt to resolve the grievance. Within five (5) working days after. such meeting, the division head/supervisor shall set forth his/her answer in writing with a copy to the employee and department head. Step 2. If the grievance is not resolved in Step 1, a meeting shall be held within five (5) working days between the employee, Union representative and the 1999-2001 Finance Clerical Contract Page 12 department head. Within five (5) working days after such meeting, the department head shall reply in writing to the grievance with a copy to the employee and Mayor. , Step 3. If the grievance is not resolved as provided in Step 2 above, the grievance may be submitted to an arbitrator within thirty (30) calendar days after the decision in Step 2 as hereina~er provided. The parties shall select a disinterested party to serve as arbitrator. The Arbitrator shall render a decision as promptly as possible, or in any event within thirty (30) days of case presentation. The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, detract from or alter in any way the provisions of this Agreement' Any decision within the jurisdiction of the arbitrator shall be final and binding on the parties. The expenses and fees incumbent to the services of an arbitrator shall be equally shared by the City and the Union. Section 2. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Article XVI SENIORITY Section 1. The term "seniority unit" as applied in this Article shall mean all jobs covered by this Agreement within a given department and having the same job title. An employee working continuously in a seniority unit for ninety (90) calendar days shall establish seniority in such unit based on his/her most recent date of hire with the City. Section 2. An employee's seniority shall be canceled under any of the following circumstances: a. The employee resigns; b. The employee is discharged; c. The employee retires; d. The employee is laid off for a continuous period of six (6) months or more; e. The employee fails to return to work subsequent to and in accordance with the terms of an approved leave of absence; 1999-2001 Finance Clerical Contract Page 13 f. The employee fails to return to work from a layoff on the date specified by the City in a recall notice delivered to the employee or mailed to the employee's last know address on file with the City, providing such notice grants the employee seventy-two (72) hours a~vance notice to report. Section 3. Each employee with seniority established pursuant to this Article shall hold seniority in only one position, that being his/her regular job title in his/her regular department (seniority unit). In the event of a reduction of the number of positions in the employee's seniority unit, he/she shall be laid off in the reverse order of seniority, i.e., the employee with the least seniority shall be first to be laid off. Section 4. The City may transfer an employee to a different position at any time either temporarily or permanently. A temporary transfer shall be for a period of not more than ninety (90) calendar days, after which such transfer shall be considered permanent. In the event of a permanent transfer, the employee's accrued seniority shall be transferred to the new seniority unit. Section 5. An employee with established seniority who is laid off from a seniority unit may cause transfer of his/her seniority to another seniority unit within the bargaining unit and in which he/she has worked for ninety (90) days or more. To accomplish this, such employee must be fully competent to perform the work in such seniority unit and must notify the City within three (3) calendar days following the date in which he/she is notified of a layoff. Under this circumstance, he/she shall be considered for layoff only in accordance with his/her seniority standing in the unit to which his/her seniority has been transferred. Section 6. An employee who is laid off and who is unable or unwilling to qualify for transfer to another seniority unit shall be recalled for work in his/her last seniority unit prior to the addition of any employee to such unit who possesses lower seniority standing. Section 7. Regular position vacancies within the bargaining unit shall be posted and open to all members of the bargaining unit. Job vacancies shall be opened for a minimum of three (3) working days, Qualified regular employees meeting the minimum qualifications as determined by the City may apply for a vacancy and will be allowed to compete in the process. The City may thereafter post the vacancy to outside applicants, as it deems appropriate. In such cases, employees who applied through the in-house process shall be allowed to compete in the process. Where qualifications, skills and abilities of the finalists are relatively equal, as reasonably determined by the City, preference shall be given to the bargaining unit employees. 1999 - 2001 Finance Clerical Contract Page 14 Article XVil MANAGEMENT RIGHTS Subject only to the limitations expressly stated in this Agreement, the Union recognizes that the City retains the exclusive right to manage its business including, but not limited to, the right to determine the methods and means by which its operations are to be carried on, to direct the work force and to conduct its operations in a safe and effective manneF. Article XVIil WORK STOPPAGES Section 1. The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick'leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Union agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 2. Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately, in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. Section 3. Regardless of any penalty to which the Union is subject under this Section, any employee who commits any act prohibited in this Article will be subject to discharge or other penalty as the City deems appropriate. Article XIX - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non-controversial nature relating to Union business. 1999 - 2001 Finance Clerical Contract Page 15 Article XX' SAVING CLAUSE If any Article of this Agreement or any addendUm's thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective· bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article, Article XXI ENTIRE AGREEMENT This Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. Article XXII TERM OF AGREEMENT This Agreement shall be in effect for January 1, 1999 to and including December 31, 2001, and shall continue on a yearly basis from January 1 through December 31, thereafter, unless either party shall serve notice in writing upon the other party of its desire to modify, amend or terminate this Agreement. Such notice shall be served not less than sixty (60) days nor more than ninety (90) days prior to the then contract year. Article XXIII UNIFORM AND SAFETY EQUIPMENT The City agrees to furnish uniforms and related necessary safety equipment for the employees in the positions of Custodian and Printer. 1999 - 2001 Finance Clerical Contract Page 17 Signed this ! Zr''~ day of · ~~L.._.-~, ' 1999, at Auburn, Washington. City of Auburn Driver Sales and Warehouse Union 117 Mayor ;John A. Wdhams ~~asurer B · ,-,,k~ ~ ./. B~e Approved As To Form: City Attorney