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Home My WebLink About1993 - 1995 Non-Commissioned UnitE fiS.?3 FINAL AGREEMENT NON-COMMISSIONED UNIT BY AND BETWEEN CITY OF AUBURN Ro INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 1993 -1995 TABLE OF CONTENTS PREAMBLE..................................................................................................................... 1 ARTICLE 1- RECOGNITION AND BARGAINING UNIT ................................. 2 Section1................................................................................................................. 2 Section2................................................................................................................. 2 ARTICLE 2 - UNION MEMBERSHIP...................................................................... 2 Section1................................................................................................................ 2 Section2............................................................ :................................................... 3 Section 3 Payroll Deduction for Union Dues ................................................... 3 Section 4 Political Endorsements....................................................................... 3 ARTICLE 3 - UNION REPRESENTATION: ACCESS TO EMPLOYEES ...... 3 Section1............................................................................................................... 3 Section2............................................................................................................... 4 Section3............................................................................................................... 4 ARTICLE 4 - NONDISCRIMINATION................................................................... 4 ARTICLE 5 - HOURS OF WORK AND OVERTIME ......................................... 4 Section1.............................................................................................................. 4 Section 2..... :..............................................................:. .... 5 .................................... Section 3 Compensatory Time......................................................................... 5 Section4 Callback.............................................................................................. 5 Section5.............................................................................................................. 5 Section6.............................................................................................................. 6 Section 7 Cancellation of Court Appearance ................................................ 6 ARTICLE 6 - CLASSIFICATIONS AND SALARIES ........................................... 6 Section1.............................................................................................................. 6 Section2.............................................................................................................. 6 Section3.............................................................................................................. 7 Section4.............................................................................................................. 7 ARTICLE 7 - HOLIDAYS........................................................................................... 7 Section1.............................................................................................................. 7 Section2.............................................................................................................. 7 Section3.............................................................................................................. 8 Section4.............................................................................................................. 8 Section5.............................................................................................................. 8 Section6...............:.............................................................................................. 8 ARTICLE 8 - VACATIONS....................................................................................... 9 Section I. 9 Section2.......................................................................................:..................... 9 Section3............................................................................................................. 9 Section4............................................................................................................. 9 ARTICLE 9 - HEALTH AND WELFARE ...... 10 ARTICLE10 - PENSIONS........................................................................................ 10 ARTICLE, 11- JURY DUTY.................................................................................... 11 ARTICLE 12 SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE Section1............................................................................................................ 11 Section2............................................................................................................ 11 Section3............................................................................................................ 11 Section4............................................................................................................ 11 Section5............................................................................................................ 12 Section6............................................................................................................ 12 Section7............................................................................................................ 12 Section8............................................................................................................ 13 Section9............................................................................................................ 13 Section 10 .....:..................13 Section11.......................................................................................................... 13 Section 12 Leave for Union Business............................................................ 13 ARTICLE 13 - UNIFORM ALLOWANCE........................................................... 14 ARTICLE 14 - EMPLOYMENT PRACTICES..................................................... 14 Section1 Layoff................................................................................................. 14 Section2 Seniority............................................................................................ 15 Section 3 Working Out of Classification....................................................... 15 Section 4 Out of Classification - Police Specialists ...................................... 15 Section 5 Subcontracting................................................................................. 15 Section 6 New Technology.............................................................................. 15 Section7 Drug Tests........................................................................................ 16 Section 8 Military Leave.................................................................................. 16 Section 9 Lie Detector Test....................:....................................................... 16 Section 10 Probationary Employee............................................................... 16 Section 11 Liability Coverage......................................................................... 16 ARTICLE 15 - MANAGEMENT RIGHTS............................................................ 16 Section 1 Direction of Workforce.................................................................. 16 Section 2 City Rules and Regulation............................................................. 17 Section 3 Application of Policies and Procedures ....................................... 17 ARTICLE 16 - GRIEVANCE PROCEDURE...................................................... 17 Section1............................................................................................................ 17 Section2............................................................................................................ 19 Section3............................................................................................................ 19 ARTICLE 17 - STRIKES OR LOCKOUTS........................................................... 19 ARTICLE 18 - BULLETIN BOARDS.................................................................... 20 ARTICLE 19 - LEGALITY OF NEGOTIATED AGREEMENT .................... 20 ARTICLE 20 - ENTIRE AGREEMENT............................................................... 20 ARTICLE 21- RETENTION OF BENEFITS...................................................... 20 ARTICLE 22 - INVESTIGATIONS, INTERROGATIONS, AND APPLICATION OF DISCIPLINE........................................................................ 21 EmployeeProtection..................................................................................... 21 Application of Discipline.....:......................................................................... 21 Investigations and Interrogations................................................................. 21 ARTICLE 23 - TERMS OF AGREEMENT......................................................... 22 APPENDIX A - STRAIGHT -TIME HOURLY RATE OF PAY ..................... 23 Section 1 Pay Plan 1/1/93 through 1/31/93.................................................. 23 Section 2 Pay Plan 2/1/93 through 12/31/93................................................ 24 Section 3 Pay Plan 1/1/94 through 12/31/94................................................ 24 Section 4 Pay Plan 1/1/95 through 12/31/95................................................ 24 Section5........................................................................................................... 24 SIGNATUREPAGE................................................................................................ 25 AGREEMENT NON-COMMISSIONED UNIT BY AND BETWEEN CITY OF AUBURN INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 January 1, 1993 - December 31, 1995 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 the "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, 1993 1993 -1995 Non -Commissioned Unit Contract Page 2 Article 1 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 Employees Full time employee means any employee who regularly works forty (40) hours or more per week for more than four (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 600 hours are worked by these two 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 full time employees covered by this' Agreement shall become members of the Union within thirty-one (31) days from the effective date of this Agreement or 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. 1993 - 1995 Non -Commissioned Unit Contract Page 3 For the purposes of the 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. 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 1993 - 1995 Non -Commissioned Unit Contract Page 4 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. Article 4 NONDISCRIMINATION It is mutually agreed that there shall be no discrimination because of race, creed, color, religion, sex, age, marital status, 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 normal workday shall be up to ten (10 ) hours inclusive of the lunch period. 1993 -1995 Non -Commissioned Unit Contract Page 5 Section 2. Except as otherwise provided in this Article, employees shall be paid at the rate of time and one-half of their hourly base rate for: A. All hours worked outside the regularly assigned shift in any one day; B. All hours worked on a scheduled day off as a result of a rescheduled holiday; 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. In all cases in computing overtime, the nearest one -quarter 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, such option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of one and one-half hours for each overtime hour worked; provided that the maximum allowable accrued shall be 120 hours of compensation. All compensatory time accumulated by an employee in excess of forty (40) hours as of the 31st of May each year shall be paid at the employee's then current rate of pay at the first payday of June. At the option of the employee, any or all of the remaining forty (40) hours or accumulated compensatory time shall be carried past the 31st of May. 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 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 (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 be compensated when called back either normal overtime or four (4) hours straight time, which ever is greater. 1993 - 1995 Non -Commissioned Unit Contract Page 6 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 and one-half for training required by the employer and in session beyond eight (8) hours in one day; C. Employee shall waiver any compensation for voluntary training programs. The employer will strive to provide a minimum of twenty (20) hours of training per calendar year 1993, 1994 and 1995. 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 cancelled. 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. Paychecks will be made available to employees on these dates no later than 7:00 AM. 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. 1993 - 1995 Non -Commissioned Unit Contract Page 7 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 ............. 3.5% 11 Years ............ 5.0% 14 Years ............ 6.5 % 17 Years ............ 8.0% Section 4. Employees assigned to training will be paid an additional two percent (2%) of the employee's base pay for that period of time actually engaged in training. Article 7 HOLIDAYS Section 1. The following eleven (11) days are designated as Holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Floating Holidays (2) Section 2. Employees who are required to work on a designated holidayy shall receive one and one-half times their hourly base rate for hours worked and shall receive a day off in lieu of that holiday worked at a time which is mutually agreeable to the employee and the Chief of Police. Requests to take an in lieu day off shall .be made to the Chief of Police or his designee in writing by the employee and such requests shall be answered in writing by the Chief of Police or his designee within seventy-two (72) hours. Said day off in lieu of a holiday shall be taken within one year. Hours worked in excess of an eight (8) hour shift on a holiday shall be compensated at time and one-half. 1993 -1995 Non -Commissioned Unit Contract Page 8 Section 3. For employees assigned to rotating shifts, the designated holidays shall be: New Year's Day ................................ January 1 Washington's Birthday ..................... Third Monday in FEB Memorial Day ............................... Last Monday in May Independence Day ........................... July 4 Labor Day .......................................... First Monday in SEP Veteran's Day ................................... November 11 Thanksgiving Day ............................. Fourth Thursday in NOV Day After Thanksgiving ................... Fri 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. 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 operationalneeds 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 double his/her base rate in addition to receiving a day off in lieu of that holiday: 1. Thanksgiving Day 2. Christmas Day 1993 -1995 Non -Commissioned Unit Contract Page 9 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: 0-1 year of continuous service 1 working day per month 1-5 years of continuous service 14 working days per year 6-10 years of continuous service 17 working days per year 11-15 years of continuous service 20 working days per year 16-20 years of continuous service 22 working days per year Over 21 years 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 March 1 of each calendar year. Secondary selection of vacation leave shall be made by June 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 employee. 1993 - 1995 Non -Commissioned Unit Contract Page 10 Article 9 HEALTH AND WELFARE A health care, dental care, orthodontics and life insurance program shall be granted to eligible full time employees and their dependents. Said programs and arrangements shall consist of. 1. Association of Washington Cities/Washington Physicians Service/King County Medical Blue Shield Medical Plan B with City paying premiums for employees and eligible dependents for calendar years 1993, 1994 and 1995. Each employee shall pay $10.00 per month toward the cost of medical insurance. The remaining premiums shall be paid by the City. 2. Group Health with the City paying premium up to amount City would pay if employee selected AWC Plan B. 3. Washington Dental Service, Plan A; 4. Western Vision Eye Care; 5. States Life Insurance for $5,000; and 6. Association of Washington Cities Orthodontics. The City shall provide additional workers' compensation premiums now paid by police service specialists who perform matron duties on occasion. 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. Note: Great West Prescription Drug coverage dropped as of 2/1/93 and additional 2% added into base pay as of 2/1/93. 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. 1993 -1995 Non -Commissioned Unit Contract Page 11 Article 11 JURY DUTY Time off with pay will be granted for jury duty. Pay for jury duty shall be returned to the City upon receipt. 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 and the amount of jury pay recovered. If the employee is scheduled for jury duty qand 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 supervisor of his status. 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., 8 hours, per month. Sick leave is accumulated or cumulative to a maximum of one hundred -twenty (120) days, i.e., 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 designee, at his 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 designee, as soon as possible before he/she is to report to duty. During periods.of extended illness, employees shall keep the Chief of Police or his 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 grandparents of the employee. Sick leave will be charged if the employee is off the job exceeding three days. 1993 - 1995 Non -Commissioned Unit Contract Page 12 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 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. Section 6. An employee shall be allowed up to three (3) days of earned sick leave in a calendar year to care for a father, mother or spouse of the employee when the father, mother, or spouse has a health condition that requires supervision or treatment. A verifying statement from the attending physician may be requested by the Chief of Police, or his designee, at any time. Section 7. U on 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% (except 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% 1993 -1995 Non -Commissioned Unit Contract Page 13 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 960 hours, i.e., 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 960 hours shall be paid at 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. 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 Worker's Compensation and Industrial Insurance the City shall compensate the affected employee for the difference between his Worker's 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 disabili whichever comes first. To accomplish this, the City shall pay the employee his%er 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 $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 designees without pay to attend Union functions approved by the District. 1993 - 1995 Non -Commissioned Unit Contract Page 14 Article 13 UNIFORM ALLOWANCE The City shall provide an annual clothing allowance as follows for regular, full time employees: Specialist Personnel Correctional Officer Personnel Parking Control Personnel ID Technician Personnel Community Service Officer Personnel Newly Hired Personnel Newly Assigned Personnel 1993 1994 1995 $315 $330 $345 $315 $330 $345 $315 $330 $345 $340 $355 $370 $315 $330 $345 City will outfit Where special uniform equipment is required by the City, after regular uniform allowance is exhausted, City will outfit. The purpose of this allowance is to buy and/or repair any equipment or clothing required by the City which is not furnished by the City. At the option of the employee, the allowance will be paid to the employee under either of the following circumstances: A. Upon the submission of a voucher to the Chief of Police for approval, signed by the employee, the total allowance shall be paid by check issued to the employee, OR, B. The allowance will be paid when the employee presents a receipt for items purchased to the Chief of Police. For regular part time employees, the City shall provide required uniforms when the employee is hired. Thereafter, the City shall replace required uniforms on an as needed basis, as determined by the Police Chief or his designee. 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. A laid off employee shall be eligible for rehire for a period of one (1) year after one (1) year of service and two (2) years after two (2) or 1993 - 1995 Non -Commissioned Unit Contract Page 15 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 occupied at 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 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. OUT OF CLASSIFICATION - POLICE SPECIALISTS. In the event the Police Specialists are required to administer to prisoners, such Police Specialists shall be paid at the pay rate of the Correctional Officer's classification commensurate with the Police Specialist's time in service for actual hours worked in the performance of such duties. Compensation will be a minimum of one (1) hour at that higher rate when the work performed is one (1) hour or less in duration or the actual hours worked, whichever is greater. Section 5. 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 giver 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 6. 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 timeframes set forth in Section 1 herein. 1993 - 1995 Non -Commissioned Unit Contract Page 16 Section 7. 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 policies shall have the right to appeal such action through the grievance procedures. Section 8. 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 up to fifteen (15) continuous days each calendar year for official military duty in accordance with RCW 38.40.060. Such leaves are in addition to any other leave or vacation benefits. Section 9. LIE DETECTOR TESTS. No employee shall be required to take or be subjected to any lie detector tests as a condition of continued employment. Section 10. 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. Section 11. 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 contract 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, 1993 - 1995 Non -Commissioned Unit Contract Page 17 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 with the terms of the contract. Section 3. APPLICATION OF POLICIES AND PROCEDURES. Rules and regulations shall be made available by the City in writing to all employees. Formal disciplinary 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. 1993. -1995 Non -Commissioned Unit Contract Page 18 Step 2. The grievance shall be reduced to written form 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, Personnel 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 Chiefs 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 the Mayor 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 . 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 expense and fees incumbent to the services of the Arbitrator shall be borne by the losing party. In the event the losing party cannot be readily determined, the Arbitrator shall decide. 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 available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. 1993 - 1995 Non -Commissioned Unit Contract Page 19 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 timeframes 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. 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 have 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. 1993 -1995 Non -Commissioned Unit Contract Page 20 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 in full force and effect. No City ordinance or resolution shall modify or change any Article of this Agreement during the life of this Agreement. If any Article or Section. of this Agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section shall be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into immediate collective negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article of Section. Article 20 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. However, additions, deletions or modifications to this agreement may be made during its term by mutual agreement of the parties. Such agreements shall be supplemental to this agreement, signed and dated by both parties. Article 21 RETENTION OF BENEFITS This Agreement shall not operate to reduce any benefits not specified in this Agreement which are currently enjoyed by any of the employees in the bargaining unit, i.e.: 1993 -1995 Non -Commissioned Unit Contract Page 21 1. Less than one (1) full day's compensatory time off may be taken with verbal approval of the Shift Commander or Unit Commander. 2. Availability to the Chief of Police or other administrative personnel by an individual employee, under appropriate circumstances, need not follow chain of command. 3. Direct access to the Chief of Police or other administrative personnel by the Union representatives shall be permitted to discuss employer - employee problems with the chain of command. Article 22 INVESTIGATIONS. INTERROGATIONS AND APPLICATION OF DISCIPLINE Employee Protection. All employees within the bargaining unit shall be entitled to the following protection which shall be consistent with the policies and procedures of the City of Auburn. The wide ranging powers and duties given to the employer and employees involve then 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 Chief of Police or his 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 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 is a witness or a suspect before any interrogation commences, including information necessary to reasonably apprise him of allegations of such complaint. 1993 -1995 Non -Commissioned Unit Contract Page 22 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 threatened 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. F. All employees may request an attorney of their choosing to be present during a departmental investigation. The cost of such attorney shall be paid by the employee. Article 23 TERMS OF AGREEMENT Section 1. This Agreement is effective January 1, 1993, and shall remain in full force and effect through December 31, 1995. Pursuant to the provisions of RCW 41.56, the City agrees to commence negotiations with the Union not later than June 1st of 1995 for the purpose of negotiating wages, hours, and other terms and conditions of employment for employees covered by this Agreement. Unless the parties agree otherwise, bargaining for the successor agreement will be concluded by August 1, 1995. 1993 - 1995 Non -Commissioned Unit Contract Page 23 Appendix "A" STRAIGHT TIME HOURLY RATE OF PAY Section 1. Pay Plan January 1, 1993 through January 31, 1993 - 3.15% increase to base wage (90% of CPI-W Seattle mid -year index 1991-92): CLASSIFICATION HOURLY RATES OF PAY 0-6 Mos 7-18 Mos 19-30 Mos 31-42 Mos 43-54 Mos 55 Mos & Over Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Services Officer $9.17 $9.51 $9.84 $10.17 $10.50 $10.85 Police Services Specialist Parking Control Attendant Correctional Supervisor Lead Jailer $10.65 $10.92 $11.30 $11.65 $11.97 $12.33 $10.65 $10.92 $11.30 $11.65 $11.97 $12.33 $15.88 $16.40 Correction Officer $13.20 $13.62 $14.01 $14.47 $14.89 $15.34 Evidence/ID Technician 1993 - 1995 Non -Commissioned Unit Contract Page 24 Section 2. Pay Plan February 1, 1993 through December 31, 1993 - 5.15% increase to base wage as of 12/31/92 (90% of CPI-W Seattle mid -year index 1991-92): CLASSIFICATION HOURLY RATES OF PAY 0-6 Mos 7-18 Mos 19-30 Mos 31-42 Mos 43-54 Mos 55 Mos & Over Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Services Officer $9.35 $9.70 $10.03 $10.37 $10.70 $11.06 Police Services Specialist Parking Control Attendant Correctional Supervisor Lead Jailer Correction Officer Evidence/ID Technician $10.86 $11.14 $11.53 $11.87 $12.21 $12.57 $10.86 $11.14 $11.53 $11.87 $12.21 $12.57 $16.18 $16.72 $13.45 $13.89 $14.28 $14.75 $15.18 $15.64 Section 3. 1/1/94 - 90% of CPI-W Seattle mid -year index 1992-93, with a minimum of 3.15 % and a maximum of 4.5 %. Section 4. 1/1/95 - 90% of CPI-W Seattle mid -year index 1993-94, with a minimum of 3.15% and a maximum of 4.5% with a reopener if CPI-W Seattle mid- year index 1993-1994 is over 6%. Section 5. "Straight -time Hourly Rate" is the hourly rate of pay as listed in this Appendix "Al'. "Hourly Base Rate" is the straight -time rate with only longevity added. This is used to compute overtime. 1993 -1995 Non -Commissioned Unit Contract Page 25 Signed this dP, ZI day of F , 1993, at Auburn, Washington. City of Auburn International Association of Machinists and Aerospace Workers of District Lodge No. 160 d� a By: By:,,-,?�2 Mayor Distri t resi ent By: U(�� By: &Rn City Clerk Union RCpresentative Approved As To Form: By: ✓vim `Z��%'�/ ity Attorney 1993 - 1995 Non-Commisssioned Unit Contract Page 26 Addendum To Contract Pursuant to an agreement reached with the City of Auburn, Police Services Specialists shall be paid according to the following formula: Beginning July 1, 1995 Police Services Specialists shall have an increase of ten percent(10%) applied to the monthly rate at step 6 of the Non -Commissioned pay scale. This amount shall then be regressed by $109.72 at each step back to step 1 of the scale which'shall remain at the currrent level of pay. This represents a 5.33 percent increase over all but shall be distributed at each step as indicated by the dollar amounts below. This is a one time increase for wage adjustment purposes. All future cost of living allowances will be made according to contract language which shall be in effect at that time. Please see the pay scales showing new amounts in steps two (2) through six (6) below. Monthly Rates of Pay 0-6 Mos 7-18 Mos 19-30 Mos 31-42 Mos 43-54 Mos 55 Mos 6 Over Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Police Serices $2002.00 $2111.72 $2221.44 $2331.16 $2440.88 $2550.60 Specialists Signed this �jF' day of 1995, at Auburn, Washington. —U City of Auburn By : Q� & Q, 06 Mayor By: gai' UJ City Clerk Approv A rm: By: City Att rney International Association Of Machinists and Aerospace Workers By: Union Representative