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HomeMy WebLinkAbout5263 ORDINANCE NO. 5 2 6 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE EMPLOYEES, MEMBERS OF THE DRIVER SALES AND WAREHOUSE UNION LOCAL 117, OUTSIDE UNIT FOR 1999 - 2001. WHEREAS, the City of Auburn recognizes The Driver Sales and Warehouse Union Local 117 as the sole exclusive collective bargaining representative of all full- time employees and regular part-time employees as classified in Appendix "A" of the Collective Bargaining Agreement for 1999 - 2001; and WHEREAS, all temporary and part-time employees, supervisors, confidential, professional, protection employees and employees engaged in training and instruction for management positions shall be excluded from the Collective Bargaining Agreement for 1999 - 2001; and " WHEREAS, after review and approval of the Collective Bargaining Agreement with the Cemetery, Equipment Rental, Golf Course, Parks, Sewer, Streets, Water and Storm Employees, members of the Driver Sales and Warehouse Union Local 117 Outside Unit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5263 June 29, 1999 Page 1 Section '!. The City Council hereby authorizes the execution of the Collective Bargaining Agreement between the City of Auburn and the Driver Sales and Warehouse Union Local 117, Outside Unit for 1999- 2001. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: July 6, 1999 PASSED: July 6, 1999 APPROVED: July 6, 1999 CHARLES A. BOOTH MAYOR Ordinance No. 5263 June 29 1999 Page 2 ATTEST: lie E. Daskam,D City Clerk APPROVED AS TO FORM: M'ichae~ City Attorney PUBLISHED: ?///'~/~ ~ Ordinance No. 5263 June 29, 1999 Page 3 AGREEMENT BY AND BETWEEN CITY OF AUBURN AND OUTSIDE UNIT TEAMSTERS UNION LOCAL NO. 117 OUTSIDE UNIT JANUARY 1, 1999 THROUGH DECEMBER 31, 2001 This Agreement is between the City of Auburn (hereinafter called the "City") and the Teamsters Union Local No. 117 (hereinafter called the "Union")for the purpose of setting forth the mutual understanding of the parties as to conditions of employment for those for whom the City recognizes the Union as the collective bargaining representative. 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 Classifications And Minimum Rates Of Pay ..............4 ARTICLE VII Working Out Of Classification ................................5 ARTICLE VIII Holidays ............................................................6 ARTICLE IX Vacations ...........................................................7 ARTICLE X Health And Welfare ..............................................9 ARTICLE XI Retirement ...................................... ARTICLE XII Jury Duty .........................................................10 ARTICLE XIII Sick Leave ........................................................11 ARTICLE XIV Bereavement Leave ............................................14 ARTICLE XV Safety Shoes .....................................................14 ARTICLE XVI Grievance And Arbitration Procedures ............: .......14 ARTICLE XVII Seniority ...........................................................16 ARTICLE XVIII Management Rights ............................................17 ARTICLE XIX Work Stoppages .................................................18 ARTICLE XX Bulletin Boards ...................................................18 ARTICLE XXI Savings Clause ...................................................19 ARTICLE XXII Entire Agreement .................................................19 ,, I,-V,, XION=lddV I,~ ........................................................................ 0~: ..........· ..................T ....· ..............;ueuJeeJeV ~o uJJelAIXX =lIDlit:IV B ~ ........................................sllJeue~3 ~to eou~ue~u!~II IXX =110 I/~iV 1999 - 2001 Outside Workers Contract Page 1 Article I RECOGNITION AND BARGAINING UNIT The City hereby recognized the Union as the sole exclusive collective bargaining representative of all full-time employees and all regular part-time employees classified in Appendix "A" and who work in the following departments and/or divisions: Building Maintenance, Cemetery, Equipment Rental, Golf Course, Parks, Sewer, Streets, Water and Storm. Temporary employees with less than one hundred twenty (120) calendar days per year and part-time employees With less than eighty (80) hours in a month, supervisors, confidential, professional, protection employees and employees engaged in training and instruction for management positions shall be excluded from the bargaining unit. 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 employees shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the funds collected by the union under this provision shall be used for support of political purposes in Auburn. 1999 - 2001 Outside Workers 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 purpose 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: 1 ) the picket line has been approved by Driver Sales and Warehouse Union No. 117 and, 2) 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 may have an obligation whiCh"may 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 three (3) working days of the date of discharge if the employee considers the discharge was not for cause. If the dispute is not resolved between the parties within five (5) working 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 Outside Workers 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 non-job-related physical, sensory or mental handicap/disability. 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. Work schedules other than the normal Monday through Friday schedule may be established in those departments requiring a seven (7) day per week operation and in the event of emergencies as determined by the city. Section 2. All time worked in ~xcess of eight (8) hours in any one day (or in excess of 10.hours per day when a flextime program is in effect) or forty (40) hours in any one workweek (normally.- Saturday at midnight to Saturday at midnight pursuant to. the Fair Labor Standards Act excelSt for other schedules as defined in section 1 above) shall be considered overtime and shall be paid at the rate of one and one half (1 ~) times the straight time rate of pay. For schedules which fall with Saturday midnight in the middle of the scheduled workweek, overtime will begin at the completion of forty hours worked. The normally scheduled first day of the week shall serve as the beginning of the regular forty-hour workweek. Overtime shall be paid based on hours worked. The normally scheduled first day of the week shall serve as the beginning of the regular forty-hour workweek. Overtime shall be paid based on hours worked only except as defined in Article IX, Holidays, section 4. Any hours worked in excess of the normal work schedule that is mandatory shall be paid at the overtime rate. Overtime shall be assigned equitably subject to the employee qualifications as determined by the city to perform the work. 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. A call back shall be defined as hours worked which are not annexed consecutively to one end or the other of the working day. 1999 - 2001 Outside Workers contract Page 4 Section 4. Standby: The ci{y reserves the right to place employees on mandatory standby as part of its emergency response plan. Mandatory standby will be utilized by the city in instances where early warning systems of impending serious weather conditions may pose a threat to public safety. Qualified employees will receive standby pay at the rate of $1.75 per hour. The employee will receive standby pay for all hours outside of his/her regularly scheduled shift, for days so assigned. In the event an employee who is on standby duty is called out, he shall be compensated in accordance with section 3 above. Section 5. Employees required by the city to attend defensive driver training shall be compensated for actual time in attendance in accordance with RCW 49.46, section 3. Section 6. A flex time schedule consisting of four ten hour days per week shall be implemented by management for the purpose of maximum coverage of maintenance. These four ten hour shifts may be any sequential four days in the week, however any work over ten hours of time worked in one day or any work over forty hours of time worked in one week shall be paid at the rate of one and one half times (1¼) the straight time rate of pay, without regard to which days of the week the schedule falls on. Section 7. 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 oncej, t is .made. L Co~p~n~'~.~ tiFn:~':~ilFf~'~~aL-'cumulated at the rate of one and one-half hourS' maximum allowable accrued shall be 80 hours of compensation. Article VI CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 1. Employees covered by this Agreement shall be compensated as follows: 1-1-99 2.25% wage increase 7-1-99 .25% wage increase 1-1-00 90% of Seattle-Tacoma-Bremerton CPI-W (August to August) with a minimum of 2.5% and a maximum of 4%. ..-. 1/1/01 90% of Seattle-Tacoma-Bremerton CPI-W (August to August) with a ::' minimum of 2.5% and maximum 4% Effective January 1, 1999, a 6th step increase will be added to grade 23 as attached in Appendix A-1. 1999- 2001 Outside Workers Contact Page 5 "'~ Effective January 1, 1999, grade 20 will be added to Appendix A-1 for Meter Readers. Section 2. Effective January 1, 1990 employees will be paid on the 8 and 23 of each month. Section 3. The city will implement intermediate' pay scales between Maintenance Worker I and II and Maintenance Worker II and grade 23 at a higher rate of pay for Maintenance Worker I's and II's whose jobs require the use of a Commercial Drivers' License as identified by the city. These grades shall be placed at a rate of 2 percent higher from Maintenance Worker I and II each respectively. (Please see attached scales.) When an employee who possesses a CDL, whose work does not normally require the use of the CDL, is assigned to perform work that requires the use of the CDL, for more than one hour such employee shall be paid for each hour they are required to use the CDL at the corresponding' Maintenance Worker 21A step, if they are a Maintenance Worker I or the corresponding step at the Maintenance Worker 22A level, if they are a Maintenance Worker II. Article VII WORKING OUT OF CLASSIFICATION When an employee is assign~'"~y'~"6ivi~io~n~ M'~"~'~r"or'bep~'~ht'Rea-d;~o perform the' skills and scope of duties of a higher classification for a period of more than six hours in any one shift before returning to his/her regular duties, such employee will be paid at a pay rate that ensures the approximate equivalent of at least a one step pay in~ease. If the Employee works beyond the six hours, both the preceding six hours and the hours following shall be paid at the acting pay rate. In the event that an employee is assigned by the division manager or depadment head to work on a temporary basis in a position of higher classi~tion to fill a vacancy or to .act on behalf of an absent supe~isoW employee, absent for more than ~o days in a row, the employee will be paid at a pay rate that ensures the approximate equivalent of at least a one step pay increase. In the event of a planned absence such as a vacation or scheduled time off the employee in the acting pay status shall receive the acting pay from the first day of the supe~isor's (or other higher classified position such as a grade 23 level position). In the event of an unplanned absence the employee will be placed in the acting pay status beginning the third day of the absence and the acting pay shall be retro-active to the first day. If the supe~isor's (or other higher classified position such as a grade 23 level position) absence does not go beyond the second day no acting pay will be implemented. 'All out of classifi~tion pay or acting pay proposals must be reviewed and approved by the Mayor, the Personnel Director or designee. Such pay will be documented on the employeels Personnel Status Repo~ (PSR) along with the beginning and ending dates of the assignment for each assignment. 1999 - 2001 Outside Workers Contract Page 6 In either of these situations the division head or department director must have the approval for the out of class pay or acting pay in advance, except where there is an emergency situation in which case the acting pay may be granted at the. time of the emergency as deemed necessary or as soon after the fact as the approving authority can be notified.. Nothing in this article shall be construed to limit or prevent the city from assigning out of classification or acting pay in a manner that it deems necessary for the operations of the city. Article VIII HOLIDAYS Section 1. The following holidays shall be paid holidays for all employees covered by this Agreement: New Year's Day Veteran's Day Martin L. King's Birthday Thanksgiving Day Washingt0q~_SBi~b_day .......... Day After thanksgiving Memoda[ Day .... :,,_~_~::~:,,~'~:~-":':~~tmas Day " Independence Day T~Fl0a'~i%g 'Rolidays 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. For bookkeeping purposes, Floating Holidays shall be treated as vacation days, subject to the same notice and approval procedures applicable to vacation leave. Floating Holidays must be taken during the calendar year. 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 Outside workers Contract Page 7 "'~ Section 4. When a recognized holiday falls prior to a Saturday and an employee volunteers to work the Saturday for the purposes of setting up special events in association with a holiday celebrated or observed on the Saturday, or for other scheduled work deemed necessary to the city as determined by management, the employee shall be paid at the rate of one and one half (1¼) times the straight time rate of pay for hours worked. This language also applies to employees who would work a Saturday following a recognized holiday to set up for a recreational, sports or cultural event, or other work deemed necessary to the city as determined by management. Employees working in the Cemetery Division who are working a Saturday following a holiday for the purpose of a burial shall be paid at the rate of one and one (1¼) times the straight time rate of pay for hours worked. Employees who are regularly scheduled to work Saturdays as a normal day of work (i.e., Thursday through Tuesday schedule or variation) shall receive straight time pay in this situation. Two hours per day or routine setup maintenance at the Golf Course shall be paid at the rate of one and one half (1¼) times the straight time rate of pay on weekends following Holidays, except from April through October of each year when up to four hours of routine set up maintenance shall be paid at the rate of one and one half (1 ~) times the straight time rate of pay on weekends following Holidays. Other scheduled work at the Golf Course or Cemetery deemed necessary by the city, above arid beyond the routine Set up ~a.[n_.t.e~iance .at, the Golf Course and burials at the Cemetery also be paid at the rate of one and one half (1¼) times th~ Straight lime rate'bf pay on Saturdays following Holidays. , .- Article IX 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 lea~2e credit shall accrue at the following rate: 1 through 4 years continuous service 96 hours per year 5 through 9 years of continuous service 120 hours per year 10 through 14 years of continuous service 144 hours per year 15 through 19 years of continuous service 160 hours per year 20 years or more of continuous service 176 hours per year 1999 - 2001 Outside Workers Contract Page 8 An employee who terminates employment during the initial ninety (90) days of employment shall not be entitled to annual vacation leave. Section 2. Part-time employees who are regularly employed for a period of more than eighty (80) hours a month for more than one hundred twenty (120) calendar days in a year shall be granted vacation leave credit on a pro-rata basis in proportion to hours worked. Section 3. Normally, vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. All accumulated vacation is available for use; however, annual vacation accumulation from the previous year has priority in scheduling. Vacation hours shall not normally be accumulative except where the department head determines that special circumstances exit justifying an extended vacation. Each .employee may accumulate up to two (2) years' of his/her vacation accrual. However, vacation time accrued in any month which exceeds two (2) years accrual will be lost if not used in the month earned. Section 4. a. Vacation leave ':shall lbe scheduled ~t ~ time mutually agi'eed updn' b~een the' department head and the employee. b. Annual vacation leave scheduling shall begin in January each year and shall be completed by March 31't each year. c. Changes to vacation schedules or requests for a block of three (3) or more separate vacation days may be granted with five (5) working days notice, as long as the request is received within the first hour of the shift on the first day. For one (1) or two (2)vacation days, requests may be granted with two (2)working days notice. d. .The number of employees who can be gone at one time and the days selected shall be determined after the employer has considered the requests of the employee(s) and needs of the division. Section 5. Employees who have completed ninety (90) days or more of continuous service and are separated from employment in good standing shall be entitled to payment for vacation leave not taken that has accrued to day of separation. 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 employees. 1999 - 2001 Outside workers Contract Page 9 Article X HEALTH AND WELFARE Section 1. a. Effective January 1, 1999, the city shall pay the same amount each month that it did in 1998 into the following trusts for every employee covered by this Agreement plus an additional fifty percent (50%) of any increase in Health and Welfare premium only. The city shall pay one hundred percent (100%) of any increase in the dental and vision plan premium increases. 1. Health and Welfare: "JC28XL Plan "* 2. Dental: RC Dental Plan 3. Vision: Extended Benefits b. Effective January 1. 2000, the city shall pay the same 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 amount each month that is 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. * The Health Trust "JC28XL Plan" may be replaced with the mutual Agreement of the union and the city. 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 shall be liable for all necessary legal and court costs. .f 1999 - 2001 Outside Workers Contract Page 10 Section 3. The union agrees that during the life of this Agreement it will not request any additional payments or benefits and the union further agrees that the employees will pay any increase in the above (section 1) contribution rates if required by the trustees to maintain present benefits. Payment of this increase in premium will be accomplished by payroll deduction. 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 shall act as · trustees on their behalf. Article XI RETIREMENT Eligible employees shall be covered under the PubljcEmployees'. Retirement Sy.s, tem~ ....... 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 for work for any major portion (more than 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 2 hours of a shift remains, the employees will contact their supervisor for direction. 1999 - 2001 Outside Workers Contract Page 11 Article XIII SICK' LEAVE Section 1. A uniform sick leave plan shall be granted to eligible employees. Sick leave credit shall accumulate on a calendar year basis at the rate of twelve (12) days sick leave per calendar year. During the first year of employment, eligible employees shall accrue such leave at the rate of one (1) day per month. Sick leave is accumulative to a maximum of one hundred twenty (120) days. Sick leave credit may be used for time off with pay for bona fide 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 employees shall not be eligible for sick leave. Regular employees working less than 40 but more than 20 hours per week shall accrue sick leave proportionate to hours worked. 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-~,injury shall noti~ thei.r!rnm.ed.[ate supervisoF'-~i"' as close to scheduled starting time as possible that he/she is to report for duty. Failure to do'~5' 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. Section 4. In the event of injury or illness for which an employee receives Workers' Compensation, the amount of such compensation shall be deducted from the next regular pay received by the employee. Section 5. An employee may use up a twelve (12) weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: In situations not covered by Family Medial Leave as shown in section 6 and upon approval of the department head, an employee shall be granted sick leave for illness in the immediate family that requires his/her presence. Immediate family shall be defined as only father, mother, spouse or children of the employee. 1999 - 2001 Outside Workers Contract Page 12 Section 6. 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: 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 the department head his/her designee at least 30 days written notice by completing a "Leave Request Form" in advance of the anticipated date of 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 must 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 wO.rk Wee .k entitlement_.~,-~n'cI~._=:.~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 care of a child may only be taken with department head or his/her designees approval. Certification by a health care provider may be required. 1999- 2001 Outside Workers Contract ..~ Page 13 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 7. Upon retirement or termination in good standing (not terminated for cause), the employee shall be reimbursed at current rate of pay for unused accrued sick leave up to a maximum of nine hundred sixty (960) hours in accordance with the following schedule based on continuous years of service: Upon Completion Percent of Accrued Of Years of Service UnUsed Sick Leave 0 through 4 years 0% 5 through 14 years 25% 15 through 24 years ...... 50% ' :~ '~-':' ' '~:~;'~::~'-:' '::'~" '::~:-::"--~: :-: 25 years and over 100% Employees hired after January 1, 1993, shall not be eligible to receive any cash payment for accrued sick leave at separation of employment for any reason. Section 8. 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 leave accumulated by the employee in excess of nine hundred sixty (960) hours shall be paid at 25% of the employee's then hourly rate. Section 9. 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. Bonus ;days will be included in and used as vacation days. 1999 - 2001 Outside workers Contract Page 14 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 SAFETY SHOES The city, effective January 1, 1999, shall provide an annual safety shoe allowance of up to one hundred ($100) for regular, full-time employees for the purchase of safety shoes to those employees who perform work where safety shoes are required as specified by WISHA regulations. New employees, as of Janua~ 1, 1994, will be issued a new pair of boots upon hire and will be eligible to receive the safety shoe allowance annually in Janua~ of each year thereafter. Article XVI 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. 1999 - 2001 Outside Workers Contract Page 15 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 section head 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 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, a meeting shall be held within five (5)working days beL~een..tlae e~[0~e~ tjnio~~~,~'-~'~,:: ~' ~-ZZ~.: .~ Mayor. Within five (5)working days after such me~g;'~'~'e"~'~h~~~" '~:'~:~ grievance. Any time limits stipulated in the grievance procedure may be e~ended for stated periods of time by the appropriate padies by mutual Agreement in writing. Step 4. If the difference or complaint is not ~ettled in step 3, the grievance may be submi~ed to an arbitrator within thi~y (30) calendar days after decision in step 3 as hereina~er proved. The pa~ies shall select a disinterested pa~y to sere as arbitrator. The arbitrator shall render a decision as promptly as possible or in any event within thi~ (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 pa~ies. The expenses and fees incumbent to the se~ices of an arbitrator shall be equally shared by the city and the union. 1999 - 2001 Outside Workers Contract Page 16 Article XVII 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) 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..continueus pedod sj,~,~nt~_hs .Ql'...rDore; .. e. The employee fails to return to work subsequent to and in accordance with the terms of an approved leave of absence. f. The employee fails to return to work from !~i~~date in a recall notice delivered to the employee or mailed to the employee's last known address on file with the city, providing such notice grants the employee seventy-two (72) hours advance notice to report. Section 3. Each employee with seniority established pursuant to this Article shall hold seniority in only one (1) 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 after ninety (90) days. Until the ninety (90) days has passed, the employee's seniority remains with the previous position held. 1999 - 2001 Outside Workers Contract Page 17 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 employees 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 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. An employee who is injured or becomes ill either on or off the job will have six (6) months from the date of injury or illness to return to his/her vacated position. This provision does not eliminate any vacation or sick leave benefit so earned which may carry the employee beyond the six (6) months. Section 8. The city and the union acknowledge t [ technolo.qy may eliminate the need for meter readers.'-in the event.f~his:should.~':~~;~':'.-,' ~:'~ '~ ;~ ~,,,s--on layoff status for a period of six months and consider ther~ first?~jr which they are qualified should such position become available. Section 9. Regular position vacancies withir~l~'~ng unit sha!~:.be~'.~?Ln.d open to all members of the bargaining unit. Job vacancies shall be opened for a minimum of three (3) 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. If no in-house candidate is selected as determined by the City through the interview 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 give to the bargaining unit employees. Article XVIII 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 operation in a safe and effective manner. 1999 - 2001 Outside Workers Contract Page 18 Article XIX 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.~-: .-.=--::-~:~'~i: Article XX BULLETIN BOARDS The city shall permit the reasonable use of bulletin boards by the union for the posting of notices of non-controversial nature relating to union business. 1999 - 2001 Outside Workers Contract Page 19 Article XXI SAVINGS 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 XXII ENTIRE AGREEMENT This Agreement-expressed_herein iD_ writing constitutes the entire Agreement between the MAINTENANCE OF BENEFITS The city agrees to furnish either coverails or uniforms to those employees now receiving such benefit. Employees working in the Sewer Department and as mechanics will be furnished coverails and uniforms. 1999 - 2001 Outside Workers Contract Page 20 Article XXIV TERMS OF AGREEMENT Section 1. This Agreement shall be in effect from January 1, 1999, to and including December 31, 2001, provided there shall be no retroactive application of any of the provisions of this Agreement. Signed this c~ '7 day of (~(.J~er-, 1999, at Auburn, Washington. City of Auburn Teamsters Union Local No. 117 Outside Unit City Clerk Approved As To Form: By: ~ ~ City Attorney 1999-2001 Outside Workers Contract Page 23 APPENDIX "A'I" OUTSIDE WORKERS UNIT CITY OF AUBURN WAGE PLAN EFFECTIVE 1/1/99 THROUGH 12/31/01 ANNUAL BASE WAGE STEPS I 2 3 4 5 6 GRADE 20 - $28,130.16 $3i ,118.64 $31,806.48 $32,779.20 $33,609.12 $34,439.52 GRADE 21 $30,612.72 $33,864.72 $34,613.52 $35,671.68 $36,575.04 $37,478.40 ............... $3t.;224.~:':$3~;24=.--' $35,305.68 $36,385.20 $37,3_0~_...~6._.. GRADE 22 $35,671.68 $36,575.04 $37,478.40 $38,485.20 $39,491.76 $40,524.24 GRADE 22A $36,385.20 $37,306.56 $38,227.92 $39,254.88 $40,281.84 $41,334.48 GRADE 23 $37,478.40 $38,485.20 $39,491.76 $40,576.08 $41,737.44 $42,934.32 GRADE 24 $36,474.72 $39,364.80 $42,245.52 $45,126.24 $47,997.84 1/1/00 90% Seattle-Tacoma-Bremerton CPI-W (August to August) with a minimum of 2.5 and maximum of 4% 1/1/01 90% Seattle-Tacoma-Bremerton CPI-W (August toAugust) with a -+' minimum of 2.5% and maximum of 4%.