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HomeMy WebLinkAbout4897 RESOLUTION NO 4 8 9 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, LOCAL 160 FOR 2013-2015 WHEREAS, this Agreement is between the City of Auburn and the International Association of Machinists and Aerospace Workers, Local 160 for the purposes of setting forth the mutual understanding of the parties to conditions of employment for those employees for whom the City recognizes the International Association of Machinists and Aerospace Workers, Local 160, as the collective bargaining representative, and WHEREAS, the City of Auburn recognizes the International Association of Machinists and Aerospace Workers, Local 160 as the exclusing bargaining representative of all employees designated as International Association of Machinists and Aerospace Workers, Local 160 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. The City Council hereby authorizes the execution of the Collective Bargaining Agreement by and between the City of Auburn and International Association of Machinists and Aerospace Workers, Local 160, which Agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ---------------------------- Resolution No. 4897 January 3, 2013 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 12013 TY O N PETER B LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APP ED O FORM: Daniel B Heid, City Attorn Resolution No 4897 January 3, 2013 Page 2 of 2 Exhibit A FINAL AGREEMENT NON-COMMISSIONED UNIT CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 2013-2015 AGREEMENT NON-COMMISSIONED UNIT BY AND BETWEEN CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 January 1, 2013 — December 31, 2015 PREAMBLE This Agreement is between the City of Auburn (hereinafter called the "City") and the International Association of Machinists and Aerospace Workers, District Lodge No. 160, (hereinafter called "Union") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the city recognizes the Union as the collective bargaining representative. Effective: January 1, 2013 L'\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 2 of 30 TABLE OF CONTENTS PREAMBLE Page 2 ARTICLE 1 — RECOGNITION AND BARGAINING UNIT Page 5 Section 1 Page 5 Section 2 Page 5 ARTICLE 2 — UNION MEMBERSHIP Page 5 Section 1 General Page 5 Section 2 Failure to Abide Page 6 Section 3 Payroll Deduction for Union Dues Page 6 Section 4 Political Endorsements Page 6 ARTICLE 3— UNION REPRESENTATION: ACCESS TO EMPLOYEES Page 6 ARTICLE 4 — NONDISCRIMINATION Page 7 ARTICLE 5 — HOURS OF WORK AND OVERTIME Page 7 Section 1 Page 7 Section 2 Page 8 Section 3 Compensatory Time Page 8 Section 4 Callback Page 8 Section 5 Page 8 Section 6 Page 9 Section 7 Cancellation of Court Appearance Page 9 Section 8 Rest and Lunch Breaks Page 9 ARTICLE 6— CLASSIFICATIONS AND SALARIES Page 9 Section 1 Page 9 Section 2 Education Reimbursement Page 10 Section 3 Longevity Page 10 Section 4 Training Pay Page 10 Section 5 Lateral Entry Page 10 ARTICLE 7 — HOLIDAYS Page 10 Section 1 Page 10 Section 2 Page 10 Section 3 Page 11 Section 4 Page 11 Section 5 Page 11 Section 6 Page 11 Section 7 Page 12 ARTICLE 8—VACATIONS Page 12 ARTICLE 9— HEALTH AND WELFARE Page 13 L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 3 of 30 ARTICLE 10 — PENSIONS Page 14 ARTICLE 11 —JURY DUTY Page 14 ARTICLE 12 — SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE Page 15 ARTICLE 13 — UNIFORM ALLOWANCE Page 18 ARTICLE 14 — EMPLOYMENT PRACTICES Page 18 Section 1 Layoff Page 18 Section 2 Seniority Page 19 Section 3 Working Out of Classification Page 19 Section 4 Subcontracting Page 19 Section 5 New Technology Page 19 Section 6 Drug Test Page 19 Section 7 Military Leave Page 19 Section 8 Lie Detector Test Page 20 Section 9 Probationary Employee Page 20 Section 10 Liability coverage Page 20 ARTICLE 15— MANAGEMENT RIGHTS Page 20 Section 1 Direction of Workforce Page 20 Section 2 City Rules and Regulations Page 20 Section 3 Application of Policies and Procedures Page 20 ARTICLE 16 — GRIEVANCE PROCEDURE Page 21 ARTICLE 17 — STRIKES OR LOCKOUTS Page 23 ARTICLE 18 — BULLETIN BOARDS Page 23 ARTICLE 19 — LEGALITY OF NEGOTIATED AGREEMENT Page 23 ARTICLE 20— ENTIRE AGREEMENT Page 24 ARTICLE 21 — RETENTION OF BENEFITS Page 24 ARTICLE 22 — INVESTIGATIONS, INTERROGATIONS, AND APPLICATION OF DISCIPLINE Page 24 ARTICLE 23 — CIVIL SERVICE COVERAGE Page 26 ARTICLE 24—TERMS OF AGREEMENT Page 27 APPENDIX A— STRAIGHT-TIME HOURLY RATE OF PAY Page 28 APPENDIX B—QUARTERMASTER SYSTEM LIST OF UNIFORMS ITEMS/EQUIPMENT Page 29 L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 4 of 30 Article I RECOGNITION AND BARGAINING UNIT Section 1. The City recognizes the Union as the exclusive bargaining representative for all employees designated by the classifications set forth in Appendix "A" and as certified by the Public Employment Relations Commission Case No 7784-E-89-1327, February 1989, excluding confidential employees, supervisors, and all other employees. Section 2. Full Time Regular Employees: Full time employee means any employee who regularly works forty (40) hours or more per week for more than (4) consecutive calendar months in a calendar year Part Time Regular Employees. Part-time regular employee is an employee who regularly works less than forty (40) hours per week, but not less than twenty (20) hours per week, for more than four (4) consecutive calendar months in a calendar year Such employees shall accrue vacation, sick leave and holiday benefits in the direct ratio that their regular work hours bears to forty (40) hours per week. All employees doing bargaining unit work must be members under one of the above classifications. This provision shall not include temporary or occasional workers providing no more than six hundred (600) hours are worked by these two (2) groups per year Note. Salary step advancement for part-time employees shall be based upon completed months of service as set forth in Appendix "A" Article 2 UNION MEMBERSHIP Section 1. All active, full time employees covered by this Agreement shall become members of the Union within thirty-one (31) days from the date of employment, whichever is later, and shall remain members of the Union in good standing as a condition of continued employment. For the purposes of this section, membership in the Union shall be deemed to have been maintained if the employee has not failed to tender his normal monthly dues and/or initiation fee for an accumulative period of two (2) months. Regarding regular part-time employees, it is acknowledged that the Union will determine the proportion of the regular monthly dues payable to the Union by such employees, after considering the ratio that their regular work hours bears to forty (40) hours per week. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 5 of 30 Section 2. Failure by an employee to abide by the above provisions shall constitute a 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. PAYROLL DEDUCTION FOR UNION DUES. The City agrees to deduct monthly dues required of the employees in the bargaining unit who voluntarily execute a wage assignment authorization form. The City will deposit such dues with International Association of Machinists and Aerospace Workers, District Lodge 160, IAM&AW, 9135 — 15th Place South, Seattle, Washington, 98108 Upon issuance and transmission of such dues and initiation fees to the Union, the City's responsibility shall cease with the respect to such deductions. The Union and each employee authorizing the assignment of wages for payment of Union dues hereby undertake to indemnify and hold the City harmless from all claims, demands, suits or other forms of liability that may arise against the City for or on account of any deduction made by the wages of such employee Section 4. POLITICAL ENDORSEMENTS. By remitting dues to the Union, the City does not thereby endorse any expenditure, political or otherwise, made by the Union Article 3 UNION REPRESENTATION ACCESS TO EMPLOYEES 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 or steward 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 unless authorized by the Chief of Police. Off-duty meetings may be scheduled and held on City premises. Section 2. The City agrees that employees covered by this Agreement 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 Section 3. The employer will attempt to allow such members of the Union as may be designated by the Union not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Union negotiating team in labor negotiations with the City of Auburn including mediation. Note. Chief retains right not to allow three (3) based on Department staffing needs. L'\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 6 of 30 Article 4 NONDISCRIMINATION It is mutually agreed that there shall be no discrimination because of race, creed, color, religion, sex, age, marital status, sexual orientation, national origin or physical, mental or sensory handicaps that do not prevent proper performance of the job, unless based upon a bonafide occupational qualification. The Union, employees and management representatives shall work cooperatively to assure the achievement of equal employment opportunity Furthermore, employees who feel they have been discriminated against shall be encouraged to use the grievance procedure set up under this Agreement prior to seeking relief through other channels. Grievances under this Article shall not be subject to step four of the grievance procedure (Arbitration) Article 5 HOURS OF WORK AND OVERTIME Section 1. The Chief of Police shall establish regular work schedules for the members of the bargaining unit, such that the working hours for the employees shall be equivalent to forty (40) hours per week on an annualized basis. The City will determine the applicable work weeks in which to implement a 9x80 schedule. The following terms will govern compensation and benefits. a. Once scheduled for the 9x80 work schedule, no changes to the schedule or "swaps" will be allowed unless agreed to by the City b Holidays shall be nine (9) hour days. If the holiday falls on a day on which the employee is not scheduled to work, the employee will "bank" nine (9) hours of holiday for use during the next calendar year, at the supervisor's discretion (Christmas can be carried into January of the following year) c. Every effort will be made by the employees to schedule personal appointments on the "flex day' (day off) Exceptions shall be approved by the Chief of Police (or designee during absences) d. The City reserves the right to discontinue the 9x80 work schedule program in whole or in part at any time based on operational needs or necessity The normal workday shall be up to nine (9) hours inclusive of the lunch period. Section 2. Except as otherwise provided in this Article, employees shall be paid at the rate of time of one and one-half (1'/2) of their hourly base rate for- A. All hours worked outside the regularly assigned shift in any one (1) day; B All hours worked on a scheduled day off as a result of a rescheduled holiday; L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 7 of 30 C The hours worked on the first and last day of a changed shift unless written notice no less than seven (7) calendar days in advance of the shift change from the employee's regular shift is given to the employee, or if the employee only works one (1) day, without prior notice. All overtime must be authorized by the Chief of Police, or his designee. Where possible, overtime shall be assigned equitably, subject to employee qualifications, as determined by management, to perform the work. Employees shall have the first right of refusal of any overtime opportunities within his/her respective job classifications, before it is offered to bargaining unit employees in other classifications. In the event of scheduled overtime, qualified employees will be asked to volunteer for such, and assignment of the overtime will be in order of seniority If an insufficient number of employees volunteer, the scheduled overtime will be assigned on a mandatory basis to qualified employees. In all cases in computing overtime, the nearest one-quarter (1/4) hours shall be used Section 3. COMPENSATORY TIME. Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of one and one-half (1 /z) hours for each overtime hour worked, provided that the maximum allowable accrued shall be one hundred (100) hours of compensation Overtime worked beyond that cap will be compensated by pay only Effective November 30th of each year, all compensatory time accrued as of the 30th of November of that year minus twenty (20) hours will be cashed out at the employee's then current rate of pay (base plus longevity) on the first payday of December No more than twenty (20) hours may be carried over into the following calendar year The City may require that employees use existing compensatory time, specifying the date on which it is to be used In the event an employee requests the use of accrued compensatory time on a particular date, and the City does not grant that request, the parties agree that one year is a reasonable time within which to schedule and grant time off Section 4. CALLBACK. If an employee is called back to duty or is scheduled for court during off hours, he/she will be guaranteed a minimum of three (3) hours at one and one-half (1 '/2) times his/her hourly base rate except where such attendance is an extension of the end of his/her regularly scheduled shift at which time normal overtime procedures will apply Section 5. Employees formally placed on standby status shall be compensated on the basis of four (4) hours straight-time pay for eight (8) hours or fraction thereof If an employee is actually called back to work, normal overtime shall apply Employees will L'\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 8 of 30 be compensated when called back either normal overtime or four (4) hours straight time, which ever is greater The employer will pay for all hours from the time employees leave the Auburn Police Department to the time they return to the Auburn Police Department for all court duty outside the City limits. Section 6. Unless otherwise required by the Fair Labor Standards Act (FLSA), the employee agrees to waive any overtime compensation due as a result of the employee's attendance at any Washington State Law Enforcement Training Commission's Basic School or other authorized training programs. Compensation for off-duty attendance at authorized training programs shall be agreed upon in advance between the employee and the police administration, in accordance with the following guidelines. A. Employee shall not be paid for travel time; B Employee shall be paid time of one and one-half (1 '/2) for training required by the employer and in session beyond eight (8) hours in one (1) day C Employee shall waiver any compensation for voluntary training programs. D TRAINING. The Employer agrees to provide a minimum of twenty (20) hours of job-related training per calendar year Section 7. CANCELLATION OF COURT APPEARANCE. When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on the date that the court appearance is still scheduled for the next day, the employee shall be entitled to receive the minimum payments provided by this Agreement even if the court appearance is thereafter canceled Section 8. REST AND LUNCH BREAKS As a general rule, employees may combine their 15-minute rest breaks with their 30-minute lunch break. Employees must be immediately available by cell phone, Nextel, or other communicative device so that they are able to return to the worksite within ten (10) minutes of contact. Failure to be able to contact the employee may result in discipline Article 6 CLASSIFICATION AND SALARIES Section 1. Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A" This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8th and 23rd of each month. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 9 of 30 Section 2. All employees shall be reimbursed for educational expenses for job-related classes or degrees but such classes must have the prior approval of the Chief of Police. Section 3. Effective January 1, 1986, longevity pay shall be applied to the straight time hourly rates of all employees covered by this Agreement who have completed continuous service in accordance with the following schedule. LONGEVITY PAY SCHEDULE 5 Years 2.0% 8 Years 35% 11 Years 50% 14 Years 65% 17 Years 8.0% 19 Years 90% Section 4. Employees conducting training will be paid an additional two percent (2%) of the employee's base pay for that time actually involved in training. Section 5. Lateral Entry Employees who have two (2) years of full-time experience in one of the classifications covered by this Agreement, as determined by the Employer, within four (4) years of applying with the City of Auburn, may start at Step 2 of that classification's pay scale (i.e two (2) years as a Police Specialist Supervisor may start at Step 2 of the Police Services Supervisor classification, etc.) Article 7 HOLIDAYS Section 1 The following twelve (12) days are designated as Holidays. New Year's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas Day Labor Day Floating Holidays (2) Martin Luther King Day Section 2. An employee who works on an observed holiday as set forth in Section 7 1 shall be compensated aid at the rate of two and one-half (2 '/2) times the employee's regular hourly rate of pay for each hour worked inclusive of holiday pay, or have the option of receiving one and one-half (1 '/2) times his/her hourly base pay for hours worked and receive one (1) holiday banked, to be taken at a time agreeable to the employee and the Chief of Police, or designee Hours worked in excess of the L:\Collective Bargaining\NonComm\CBA2013\FlnalNonComm2013-2015Contract docx Page 10 of 30 employee's regular shift on that holiday shall be compensated (paid) at time and one- half (1 '/z) of the employee's base pay Section 3 For employees assigned to rotating shifts, the designated holidays shall be New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Friday after Thanksgiving Christmas December 25 For all other employees, the designated holidays shall be as specified in Section 1 above with the provision that whenever any designated holiday falls upon a Sunday, the following Monday shall be the recognized holiday, and whenever any designated holiday falls on a Saturday, the preceding Friday shall be the recognized holiday A holiday is defined as nine (9) hours. Employees may accrue up to a maximum of thirty-six (36) hours of holiday leave, but in no event shall an employee accumulate in excess of thirty-six (36) hours. Anything over thirty-six (36) hours will be cashed out. Section 4. A request to take a Floating Holiday may be made by an employee at any time prior to a shift assignment for which it is to be used It may be approved by the unit or shift commander so long as there remains the required number of personnel on duty for that shift. Management will make a reasonable effort to accommodate the employee's request to take a floating holiday, after considering the operational needs of the Police Department. Early request (i.e., more than sixty (60) days prior to the date requested) will be acted upon by the Chief or his designee within thirty (30) days of the date the initial request is made. Section 5. Employees terminating service after completion of probation, other than for just cause, shall receive compensation for vested unused holiday time. One floater will be earned prior to July 1st and one floater will be earned after July 1st Section 6. Any employee who works the following listed holidays shall be paid triple his/her base rate, or may elect to be paid double his/her base rate in addition to receiving a day off in lieu of that holiday- 1 Thanksgiving Day 2. Christmas Day /Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 11 of 30 Section 7. Based upon management approval, employees on non-rotating schedules electing to work the holiday on the date listed in Article 7, Section 1, shall be paid the employee's normal rate of pay and bank the holiday Article 8 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. Upon completion of 1st year of continuous service 14 working days per year Upon completion of 5th year of continuous service 17 working days per year Upon completion of 10th year of continuous service 20 working days per year Upon completion of 15th year of continuous service 22 working days per year Upon completion of 20th year of continuous service 24 working days per year An employee who terminates employment during the first six (6) months of employment shall not be entitled to annual vacation leave or payment. Section 2. Normally, vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. Each full time and regular part-time employee of the City shall be entitled to accumulate unused vacation leave not to exceed a maximum of two (2) year's annual vacation leave All vacation leave shall be taken at a time mutually agreeable between the employee and the Police Chief Section 3. Primary selection of vacation leave shall be made by January 1st of each calendar year Secondary selection of vacation leave shall be made by March 1 Seniority within the employee's classification in either case shall be given preferences when selections cannot otherwise be made on a voluntary basis. Section 4. Employees who have completed six (6) months of service and are separated from employment shall be entitled to payment for vacation leave not taken that has accrued to date 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. Section 5. The minimum increment vacation may be taken is one half ('/2) hour LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 12 of 30 Article 9 HEALTH AND WELFARE A health care, dental care, orthodontics and life insurance program shall be granted to eligible, active, full-time employees and their dependents. Said programs and arrangements shall consist of- 1 Association of Washington Cities RegenceHealthFirst Plan (PPO) with the City paying one hundred percent (100%) of the premium for employees through the duration of the contract. The City shall pay eighty-five percent (85%) of the premium for the employee's qualified and eligible spouse and dependent(s), with the employee paying the remaining amount of the monthly premium for his/her spouse's and dependents' medical insurance for the duration of the contract. 2. Group Health Plan 2, $10 co-pay, with the City paying the premium up to a maximum amount the City would pay for the employee's spouse and dependent(s) if the employee selected Regence HealthFirst (PPO), whichever is less, with the employee paying the remaining amount of the monthly premium for his/her spouse's and each dependent's medical insurance. 3 Washington Dental Service, Plan F, or Northwest IAM Benefit Trust Dental Plan #125 (It is understood between the parties that the Union and/or employee is responsible for any difference in premium between the WDS Plan F and Benefit Trust Dental Plan), or the Willamette Dental Plan. The City will pay up to what it pays for the applicable Washington Dental Service Plan F for those choosing Willamette. 4 Vision Service Plan (VSP), full family, $10 deductible, through the AWC Benefits Trust; 5 Standard Life Insurance for $10,000; and 6 Association of Washington Cities Orthodontics (Plan 1) The City shall provide additional workers' compensation premiums now paid by Police Service Specialists who perform matron duties on occasion. The Union agrees to continue to cooperate with the City in the study of cost containment measures. The City may self-insure medical, dental, and/or vision insurance coverage or select a new medical, dental, and/or vision insurance plan and shall make every effort to maintain substantially equivalent benefits at a reasonable cost. The City and the Union shall meet to explore alternative insurance coverage prior LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 13 of 30 to selecting any new medical, dental, and/or vision insurance plan. The City recognizes its responsibility to bargain with the union the impact of those decisions. The Union will appoint one member to the City's Health Care Cost Containment Committee. The Union and current employees agree to the City's tobacco use policy as it currently exists or is hereafter amended during the term of this Agreement. VEBA. The City of Auburn has adopted the MSA VEBA Medical Reimbursement Plan. As soon as possible upon ratification of the contract, the City of Auburn agrees to provide a mandatory payroll deduction for this post Retirement Medical Insurance Trust. All contributions made on behalf of each eligible employee will be consistent with the terms and conditions of the collective bargaining agreement in effect at the time, and based on the individual's annual base salary It is understood that all defined eligible employees will be required to sign and submit to the City of Auburn an MSA VEBA Membership Enrollment Form. The MSA VEBA Plan shall be funded by a semi-monthly employee deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25 00 per month) of the employee's base annual salary The City will match the employee's first one percent (1 0%) of employee base wages, semi-monthly Article 10 PENSIONS Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees. Article 11 JURY DUTY Time off with pay will be granted for jury duty In order for the employee to receive his/her regular rate of pay while serving on jury duty, the employee must furnish a written statement from the appropriate public official showing the date and time served. If the employee is scheduled for jury duty and is not needed for all or a major part of the employee's regularly scheduled shift, the employee will be on the honor system to advise his/her supervisor of his/her status. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 14 of 30 Article 12 SICK, DISABILITY, BEREAVEMENT, EMERGENCY, AND UNION LEAVE Section 1. Sick leave credit shall accumulate for eligible employees at the rate of one (1) day, i.e , eight (8) hours per month. Sick leave is accumulated or cumulative to a maximum of one hundred-twenty (120) days, i.e., nine hundred and sixty (960) hours, except as provided in Section 9 below 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. Any employee found to have abused sick leave by falsification or misrepresentation of same shall be subject to disciplinary action. Section 2. A verifying statement of the employee's physician may be requested by the Chief of Police, or his/her designee, at his/her option, whenever an employee claims sick leave after the fourth claim in any calendar year or when the employee is absent for three (3) days or longer Section 3. Employees incapacitated by illness or injury shall notify the Chief of Police, or his/her designee, as far in advance as possible before he/she is to report to duty During periods of extended illness, employees shall keep the Chief of Police or his/her designee informed as to their progress and potential date of return to work. Section 4. Employees shall be allowed up to three (3) days leave with pay for death in the immediate family upon approval of the department head Immediate family includes only the father or father-in-law, mother or mother-in-law, spouse, brother, sister, children or grandchildren and grandparents, step children, brother-in-law, sister-in-law, and in situations of loco parentis of the employee. Upon approval of the Police Chief, or designee, the employee may be eligible to use sick leave if bereavement exceeds three (3) days. Section 5. An employee shall be allowed use of sick leave for the care of dependent children under the age of eighteen (18) requiring his/her presence, upon approval of the Chief of Police, or his/her designee A. For the actual time during an employee's regularly scheduled shift that the employee must attend to the immediate needs of the dependent child. B An employee is expected to return to work as soon as he/she can be relieved or is no longer needed. C In any incident of family illness/injury, the employee may be required to furnish a doctor's certificate stating what the illness/injury is and that the employee's presence is required. L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 15 of 30 Section 6. An employee may use up to twelve (12) work 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 (12) months, including at least 1250 hours in the last twelve (12) months, may be entitled to twelve (12) work weeks of paid/unpaid leave in any twelve (12) 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 Chief of Police, or his/her designee, at least thirty (30) days written notice by completing a Leave Request Form, in advance of the anticipated date of the leave when it is to begin (14 days notice for 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 (12) work week entitlement, and is not in addition to 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 twelve (12) 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 twelve (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 (12) work week period Time loss due to disability prior to or following giving birth will be assessed towards the twelve (12) work week period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with Chief of Police approval. Certification by a health care provider may be required Care of a child parent or spouse who has a serious or terminal health condition, or to attend to a person serious health condition. Certification and/or second or third options by a health care provider may be required for leave approval. Recertification may be required every thirty (30) days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. L\Collective Bargaining\NonComm\CBA2013\FlnaiNonComm2013-2015Contract.docx Page 16 of 30 Leave may be requested and granted on an intermittent basis or on a reduced work week schedule if medically necessary The employee must provide medical certification within fifteen (15) days of the date requested The employee must attempt to schedule his/her intermittent or reduced leave so as not to disrupt the City's operations. Section 7. Upon certification of disability retirement, death or termination in good standing (not termination for cause), the employee shall be reimbursed at current rate of pay for unused accrued sick leave up to a maximum of 960 hours in accordance with the following schedule based on continuous years of service Upon Completion of Years of Service Percent of Accrued Unused Sick Leave 0 —4 years 0% (exception in the event of death occurring in the line of duty, 25% of such employee's accrued unused sick leave shall be paid to the employee's beneficiary) 5 — 14 years 25% 15 — 24 years 50% 25 years and over 100% 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 certification of death of the employee, the employee's estate shall be paid 25% of the accrued, unused sick leave balance of the deceased employee. Section 8. When an employee has accumulated nine hundred and sixty (960) hours, i.e , one hundred and twenty (120) days, of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours, 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 and sixty (960) hours shall be paid at twenty five percent (25%) of the employee's then hourly base 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 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 10. In the event of injury or illness for which an employee receives Workers' Compensation, the employee shall be permitted to use accrued sick leave to supplement any time loss payment, proportionately, to make up any difference between L'\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 17 of 30 the amount of the time loss check and the employee's regular semi-monthly pay check (keeping the employee "whole") If the total amount of sick leave payments plus time loss payments exceeds the employee's regular semi-monthly wage, the employee shall be required to "buy back" their used sick leave by submitting to the City, time loss payments from the State. When an employee suffers an injury sustained from an act of violence peculiar to the duties and responsibilities of police support employees and is disabled as the proximate result of that on-the-job injury as covered by Workers' Compensation and Industrial Insurance, the City shall compensate the affected employee for the difference between his/her Workers' Compensation and Industrial Insurance entitlement and his/her regular basic salary — to the extent not covered by sick and vacation leave accruals — for a period not to exceed six (6) months from the initial injury or the termination of the disability, whichever comes first. To accomplish this, the City shall pay the employees his/her regular salary for said period and the employee shall receipt to the City all time loss payments received from Worker's Compensation and Industrial Insurance Section 11. The City shall pay a five thousand dollar ($5,000) death benefit to the estate of a non-commissioned employee in the bargaining unit who is killed in the line of duty Such payment shall be for funeral and related expenses. Section 12. LEAVE FOR UNION BUSINESS Employees shall be granted time off with approval of the Chief of Police, or his/her designee(s), without pay, to attend Union functions approved by the District. Article 13 UNIFORM ALLOWANCE Employees hired on or after January 1, 1994, will be on the quartermaster system and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items attached to this Agreement as Appendix B Thereafter, the City shall replace required uniforms on an as needed basis, as determined by the Police Chief, or designee. Effective January 1, 1996, all employees on the quartermaster system will be entitled to have up to four items cleaned per week. Effective January 1, 1997, all uniforms/equipment revert to the ownership of the City Article 14 EMPLOYMENT PRACTICES Section 1. LAYOFF. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be based upon seniority by classification, with last hired to be first laid off If seniority is equal, layoffs will be based upon performance as determined L.\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 18 of 30 by the City A laid off employee shall be eligible for re-hire for a period of one (1) year after one (1) year of service and two (2) years after two (2) or more years of service An employee who is recalled to work after layoff shall be reemployed in the same position, and at the same step in the salary range, which he/she occupied at the time of layoff Recalled employees will retain the same seniority that they held at the time of layoff Section 2. SENIORITY. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the earliest date of hire with the City Section 3 WORKING OUT OF CLASSIFICATION. Any employee who is assigned to perform the duties of a higher paying classification by the appropriate authority will be compensated for actual hours worked in the performance of such duties at the higher rate of pay A minimum of four (4) hours at that higher rate when the work performed is more than four (4) hours in duration, such pay, once four (4) hours is reached, shall be for the entire shift. Section 4. SUBCONTRACTING. In the event the City lays off a regular full time employee and decides to subcontract the majority of that work the employee was doing (during the period the employee retains layoff rights), the laid off employee will be given the opportunity to accept a position with the subcontractor, if possible, with no loss in wages. Notification and placement will be agreed upon between Union and City If the laid off employee rejects the opportunity when given, such employee's rights under this provision shall cease Section 5. NEW TECHNOLOGY. If an employee is placed on layoff status due to new technology and a subsequent job opening occurs within the bargaining unit in that classification (or in a new classification created by such new technology), the laid off employee that qualifies for such job shall be given first consideration. Such recall rights shall be limited to the time frames set forth in Section 1 herein. Section 6. DRUG TEST. No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except for reasonable cause or when otherwise allowed by law or any courts of competent jurisdiction The Union shall cooperate with the City in fulfilling its obligations to comply with the Drug Free Workplace Act of 1988, and acknowledges the City's right to implement reasonable policies to assure compliance Any employee disciplined or discharged for violation of such policy shall have the right to appeal such action through the grievance procedures. Section 7. MILITARY LEAVE. An employee who is a member of the Washington National Guard or a Federal Reserve Military Unit is entitled to leave from his/her duties with full pay for official military duty in accordance with RCW 38 40 060 Such leaves are in addition to any other leave or vacation benefits Section 8. LIE DETECTOR TEST. No employee shall be required to take or be subjected to any lie detector test as a condition of continued employment. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 19 of 30 Section 9. PROBATIONARY EMPLOYEES. All new employees shall serve a probationary period of twelve (12) months. The union may not question the discipline or dismissal of any probationary employee, nor shall the dismissal be the subject of a grievance The probationary period for employees being transferred/promoted to another position in the bargaining unit shall be six (6) months. If an employee's performance in the new position is found to be unacceptable, the employee shall be returned to the position from which the employee was promoted or transferred if an opening exists. Section 10. LIABILITY COVERAGE. The City will continue to provide liability coverage consistent with the terms of the City's insurance policies and/or any self-insurance program maintained by the City Article 15 MANAGEMENT RIGHTS Section 1. DIRECTION OF WORKFORCE. The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its lawful mandate, and the powers of authority, which the City has not specifically abridged, delegated, or modified by this Agreement are retained by the City, including but not limited to the right to contact services of any and all types. The direction of its working force is vested exclusively in the City This shall include, but not be limited to, the rights to (a) direct employees, (b) hire, promote, transfer, assign and train employees; (c) suspend, demote, discharge, or take disciplinary action against employees for just cause, (d) relieve employees from duty because of lack of work or other legitimate reasons, (e) maintain the efficiency of the operation entrusted to the City, (f) determine methods, means, work schedules and personnel by which such operations are to be conducted; (g) control the departmental budget and (h) take any actions necessary in conditions of emergency regardless of prior commitments, to carry out the mission of the agency; provided, however, that items (a) through (h) shall be consistent with City ordinances, personnel policies and procedures, and may be limited by the terms of this Agreement. Section 2. CITY RULES AND REGULATIONS. The City shall have the right to make such reasonable direction, rules and regulations as may be deemed necessary by the City for the conduct and the management of the affairs of the City, and the Union agrees that the employees shall be bound by and obey such directions, rules, and the regulations insofar as the same do not conflict. Section 3. APPLICATION OF POLICIES AND PROCEDURES. Rules and regulations shall be made available by the City in writing to all employees. Formal disciplinary L.\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 20 of 30 action against an employee for violation of Police Department policies and procedures may be subject to the grievance procedure. Article 16 GRIEVANCE PROCEDURE Section 1 For the purpose of the Agreement, the term "grievance" means any dispute between the Employer and the Union concerning an alleged breach or violation of this Agreement. Step 1 An alleged grievance shall be taken up with the employee's immediate supervisor and shift commander within ten (10) working days of its alleged occurrence The parties agree to make every effort to settle the grievance promptly at this level. In the event the grievance is unresolved, the Union and employee shall process the grievance to Step 2 of the Grievance Procedure contained herein within five (5) days of the meeting with the employee's immediate supervisor Step 2. The grievance shall be reduced to written form, and sent to Human Resources, by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and the Union representative shall present the written grievance to the Division Commander, Human Resources Director, and the Chief of Police who will conduct a meeting within five (5) working days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within ten (10) working days from such meeting Copies of the Chief's decision will be furnished the aggrieved, the Union representative and the Mayor Step 3. A grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to Human Resources in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) working days of the receipt of the written grievance The Mayor shall render a decision within five (5) working days of such hearing Step 4 Should the grievance not be resolved in Step 3 and should further consideration be desired by the grievant, a written notification requesting arbitration must be filed with the Mayor within ten (10) working days. The parties shall mutually select a disinterested third party to serve as Arbitrator In the event the Employer and Union are unable to agree on an Arbitrator, the Arbitrator shall be selected by the process of elimination from a panel of seven (7) Arbitrators furnished by the American Arbitration Association (AAA). The order of elimination shall be determined by flip of coin. The request to AAA shall state the issue to be decided. The Arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 21 of 30 issues not so submitted to him/her 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. The decision within the jurisdiction of the Arbitrator shall be final and binding upon both parties. The parties shall evenly divide the costs of the Arbiter and any AAA services or charges with each party paying its own costs. If both parties desire a stenographic record, the expenses of the same shall be borne equally If only one party desires a stenographic record then that party shall pay the costs of the preparation of its own copy and one for the Arbiter and the declining party shall not be a provided a copy Utilization of the grievance procedure (including arbitration) by the Union, or any employee, shall constitute an election of remedies and a waiver of any and all rights by the appealing employee, Union, and all persons it represents, to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or other contest of the subject matter in any court or other contest of the subject matter in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter 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. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption If the Union steward or employee contacts the employee's supervisor within the Step 1 time frames and orally identifies an issue as a grievance, the grievance shall be considered timely The Union or employee shall reduce such grievance to writing as soon thereafter as possible, if the issue is not resolved. Section 3. Any grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Union in written form to the Chief of Police as set forth in Step 2 of the grievance procedure, and processed as set forth therefrom Section 4 Election of Remedy — An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. In the event the grievance is unresolved after the Step 1 meeting, the Union and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) days of the meeting with the employee's immediate supervisor Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Employer and the Union with written notice of such election. L'\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 22 of 30 If an employee chooses to appeal through the Civil Service Commission, he/she shall not be represented by the Union. The employee and/or Union must comply with the time requirements for submitting an appeal and/or grievance as provided for in the Agreement or applicable rules. Article 17 STRIKES OR LOCKOUTS During the term of this Agreement, neither the Union nor any employee shall cause, engage in, sanction, encourage, direct, request, or assist in a slow-down, work stoppage, interruption of work strike of any kind, including a sympathy strike, 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, against the City The Union and its representatives will undertake every reasonable measure to prevent and/or terminate all such strikes, slow-downs, or stoppage of work. Any concerted action by any employee shall be deemed a work stoppage if any of the above activities has occurred The City may discipline or discharge any employee who violates this Article. This remedy shall not be exclusive of any other remedy available to the City The sole question which may be processed through the grievance and arbitration procedure in the event of discipline or discharge for violation of this Article is whether in fact the employee did violate this Article During the term of this Agreement, the City shall not cause, permit or engage in any lockout of its employees. The employee, Union and City shall comply with applicable State Law pertaining to strikes or lockouts. Article 18 BULLETIN BOARDS The City shall permit the reasonable and lawful use of bulletin boards by the Union for the posting of notices relating to official Union business. Article 19 LEGALITY OF NEGOTIATED AGREEMENT Should any term or provision of this Agreement be in conflict with any State or Federal statute or other applicable law or regulation binding upon the Employer, such law or regulation shall prevail. In such event, however, the remaining terms and provisions of this Agreement will continue to full force and effect. No City Ordinance or Resolution shall modify or change any Article of this Agreement during the life of this Agreement. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 23 of 30 0£40 4Z 06ed x00p\0ellU039[OZ-£WZW WOOUONIeUTA\£WZV8O\W WOOUON\6uiwe6Jeg aAII3all0o\.-j pue jaAoldwe aq} o; uaAl6 sailnp pue siamod 6ul6uej apron aql wngny ;o Al10 aql ;o sainpaooid pue salollod agl ql!m lua;slsuoo eq pegs goignA 'uogoalojd 6uimollo; eq; of pallllua eq llegs llun 6u1ule6jeq aql ulgl!m saaAoldwo py 'uogoaload as of w3 '6ulpui; pue u01le6ils9nul gons ;o uoilaldwoo aa4e sanoq (gq) lg6la-A:Po; uigllnn 6uipul; pue uoilebllsanui aql;o awoolno agl;o 6uwluM ui pai;gou aq piM 6ulopbUOJM pa6alle 10 uoile6lls9nul of loafgns saaAoldw3 3NIldIOSla d0 NOIIV011ddV aNV SNOIIVE)O N31Nl SNOliVE)IIS3ANI ZZ a1o1:pv puewwoo ;o ulego aql gllnn swalgad aeAoldwo -aaAoldwe ssnoslp of palllwiad aq Ilegs saAileluasaidaj uoiufl aql Aq lauumad aAlleJlsluiwpe Jaglo Jo aogod ;o 4alg0 agl o; ssaooe loaJla E puewwoo;o uiego mollo; lou paeu 'seouelswnoalo apidoidde aapun 'aaAoldwe lenplAipul ue Aq lauuosaad aAlleJlsluiwpe Jaglo jo aollod ;o ;ei40 aq} o; Alll!gelleAV Z japuewwoO ;iuf1 ao Japuewwo0 4!qS aql;o lenoidde legaaA ql!m uaNel aq Aew go awl; tiolesuadwoo s,Aep lln; (l,) auo ueq; ssal l ' @'I 'liun 6uiu1e6jeq aql ui saeAoldwe aql ;o Aue Aq paAofue Alluanno aje go14m 'luawaaj6y siq; ui pai;loads lou sli;auaq Aue aonpaj o; alejado lou Ilet4s luawaaj6y slgl S1133N38 30 NOUN313a 4z a1oltiv -sailied gloq Aq palep pue pau6ls 'luawaaj6y slgl of leluawalddns aq llegs sluawaaAe gons sallied aq;;o luawaaj6e lenlnw Aq wial sl1 6ulanp apew aq Aew lueweaj6y slgl o; suolleol;ipow Jo suoilalap 'suolllppe 'JanannoH 'suolslAoid sli ;o Aue apasiadns jo o; ppe llegs luawalels lejo ou pue saiped aq; uaamgaq luawaaj6y argue agl salnl!lsuoo 6ugunn ul ulajaq passajdxa luawaai6y aq1 1N3W33MOV 3NUN3 OZ alollid .uolloas ao alolpv gons jo; luawaoeldaa koloe;sites Allenlnw a le 6u1AIJae ;o asodind aql ao; suolleilo6au aAlloalloo alelpawwl Olin aalue llegs sailied agl pue 'Agaiagl paloage aq lou Ilegs luawaaAv slgl ;o aapulewai aql 'leunqul gons Aq pawejlsaj aq begs uoiloaS ao aloipV Aue ;o luawaojo;ua 10 ql!m aouelldwoo ;l io 'uollolpsunf lualedwoo ;o leunqul Aue Aq jo mel ;o uollejado Aq pilenw plaq aq Ilegs ;uawaai6y slgl ;o uolloaS jo alolliy Aue ;l employees involve them in all manner of contracts and relationships with the public and other City of Auburn employees. Application of Discipline. Any formal discipline of employees shall be applied by the Chief of Police, or his/her designees. Discipline shall include, but not necessarily be limited to oral warnings, written warnings, suspensions, demotions or discharge for just cause No employee covered by this Agreement shall formally discipline another employee, except an employee in the bargaining unit who is formally vested with such authority by the Chief of Police, or his/her designee. An employee subject to discipline shall be afforded the right to have the Union Steward and/or Union representative present, if requested by the employee. Employee warning letters shall be provided to the employee and the Union, when requested by the employee Investigations and Interrogations. A. The employee shall be informed in writing of the nature of the investigation and whether he/she is a witness or a suspect before any interrogation commences, including information necessary to reasonably apprise him/her of allegations of such complaint. B Any interrogation of an employee shall be at a reasonable hour, when employee is on duty unless the exigencies of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime C The interrogation (which shall not violate the employee's Constitutional rights) shall take place at a City facility, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with the Union Steward and/or Union Business Representative before being interrogated The Union Steward and/or a Union Business Representative shall be present during the interrogation, if requested by the employee, but may not participate in the interrogation except to counsel the employee in private. D The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, telephone calls, and counseling. E. The employee shall not be subjected to any offensive language, nor shall he/she be treated with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be intimidated in any other manner No promises or rewards shall be made as an inducement to answer questions. L:\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 25 of 30 F All employees may request an attorney of their choosing to be present during a department investigation. The cost of such attorney shall be paid by the employee. Article 23 CIVIL SERVICE COVERAGE The parties hereby agree that full-time employees of the City of Auburn Police Department in the classifications of Police Services Receptionist; Police Services Specialist; Parking Control Attendant;, Police Services Specialist Supervisor; and Evidence ID Technician; (collectively "Employees") will be covered by City of Auburn Civil Service Rules in accordance with the provisions of Washington State Law (RCW 41 12.050), except as otherwise set forth herein. The parties agree the following Civil Service Rules shall not apply to the employees. Civil Service Rules 6 01, 6 02, and 6.03 Classifications and reclassifications will continue to be performed pursuant to City policy Civil Service Rule 9 Pre-employment examinations, including medical examinations, psychological examinations, background checks, etc., will continue to be performed pursuant to City policy Civil Service Rule 12.01 The probationary period for transfers and promotions, which is set forth in Article 14, Section 10 of the Agreement shall remain in effect. Civil Service Rule 14 and its subparts. Management rights as provided for in Article 15 of the Agreement, and all of its subparts, shall remain in effect. Civil Service Rule 15 Leaves of absences shall continue to be governed by the Agreement and City policy Civil Service Rules 16 07, 16 08 and 16 09 Article 14, Section 10 of the Agreement shall apply to the discipline or discharge of a probationary employee L\Collective Bargain ing\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 26 of 30 Article 24 TERMS OF AGREEMENT Section 1 This Agreement is effective January 1, 2013, and shall remain in full force and effect through December 31, 2015 Pursuant to the provisions of RCW 41 56, the City agrees to commence negotiations with the Union within one (1) month of receiving the Union's request to bargain for the purpose of negotiating wages, hours, and other terms and conditions of employment for employees covered by this Agreement. Signed this 1 day of—Sc . 2013, at Auburn, Washington City of Auburn International Association of Machinists and Aerospace Workers of District Lodge No 160 1 By- —� By- Mayor 1,rectftSuiiness By irector of Human Resources/ Risk Management By. By' r' City Clerk sine epfesen tive Approved As To Form. (-21 By Ity At or 6C L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract docx Page 27 of 30 Appendix "A" STRAIGHT TIME HOURLY RATE OF PAY Effective January 1, 2013, the Police Services Specialists shall receive a 2% market adjustment; the Police Services Supervisors shall receive a 2.5% market adjustment; the Parking Control Attendants shall receive a 1% market adjustment; and the Evidence Technicians shall receive a 0 5% market adjustment. Effective January 1, 2014, the Police Services Specialists shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total of 2%, the Parking Control Attendants shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total of 2%, the Evidence Technicians shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total 2%, and the Police Services Supervisors shall receive a wage increase of 1 5% plus a 1% market adjustment for a total of 2.5%. Effective January 1, 2015, the Police Services Specialists shall receive a wage increase of 1.5% plus a 0 5% market adjustment for a total of 2%, the Parking Control Attendants shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total of 2%, the Evidence Technicians shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total 2%, and the Police Services Supervisors shall receive a wage increase of 1 5% plus a 0 5% market adjustment for a total of 2%. LACollective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 28 of 30 Appendix "B" This appendix lists all uniform and equipment items for all Police Services, Evidence/ID Technicians, and the Parking Control Attendant staff members. QUARTERMASTER SYSTEM (LIST OF UNIFORM AND EQUIPMENT ITEMS) Receptionist/Police Services Specialist/Supervisors. Five shirts (combination of short and long sleeve) Three pair uniform trousers One sweater, jacket, or vest One metal nameplate One pair of shoes or boots (Voucher method up to $125 per year, to be replaced as needed) One leather or nylon pants belt One Auburn Police Identification Card Evidence/ID Tech Staff Four long sleeve uniform shirts Four short sleeve uniform shirts Four pair uniform trousers One uniform sweater (Command Crew-neck) One uniform coverall One baseball style cap One winter uniform jacket One metal name plate — magnetic attachment— for uniform shirt One official badge One pair shoes — black leather, polished toe and heel (Voucher method up to $100) One pair boots — black leather, polished toe and heel (Voucher method up to $250) One leather or nylon pants belt One pair black leather gloves One Auburn Police Department patch (baseball cap size) Two Auburn Police shoulder patches for each shirt Two Auburn Police shoulder patches for winter jacket One fleece jacket One Auburn Police Identification Card Parking Control Attendant Staff Six Uniform Shirts —At least one (1) must be long sleeve Four pair of uniform trousers One baseball style cap One winter uniform jacket One rain coat —yellow One reflective vest L\Collective Bargaining\NonComm\CBA2013\FinalNonComm2013-2015Contract.docx Page 29 of 30 One uniform nylon windbreaker jacket One clip-on style tie One Auburn style Police tie clip One name plate, metal for uniform shirt One official badge One pair shoes — black leather, polished toe and heel (Voucher method up to $100) One pair boots — black leather, polished toe and heel (Voucher method up to $250) One duty equipment belt One nylon or pants belt Four belt keepers One pair black leather gloves One pair winter black leather gloves One portable radio holder One flashlight with belt holder One folding knife with belt holder One hazmat glove holder for duty belt One metal citation holder One holder for 'officer daily log book" One nylon gear bag One metal forms holder One nylon key holder One Auburn Police Identification Card One pair gortex rain pants One stripe of appropriate served years stripes for left sleeve of each long sleeved shirt Two Auburn Police shoulder patches per shirt Two Auburn Police shoulder patches per sweater Two Auburn Police shoulder patches per winter jacket One ballistic vest LACollective Bargaining\NonComm\CBA2013\FlnalNonComm2013-2015Contract docx Page 30 of 30