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HomeMy WebLinkAbout1993 - 1995 Auburn Police Guild6 AGREEMENT BY AND BETWEEN THE CITY OF AUBURN -it AUBURN POLICE GUILD COMMISSIONED UNIT 1993 - 1995 TABLE OF CONTENTS ARTICLE 1 -- RECOGNITION AND BARGAINING UNIT ......... 1 ARTICLE 2 -- GUILD MEMBERSHIP AND DUES DEDUCTION .... 1 ARTICLE 3 -- GUILD ACTIVITIES .......................... 2 ARTICLE 4 -- NON-DISCRIMINATION ...................... 3 ARTICLE 5 -- HOURS OF WORK AND OVERTIME .... . ......... 3 ARTICLE 6 -- CLASSIFICATIONS AND SALARIES ............. 6 ARTICLE 7 -- HOLIDAYS ................................ 8 ARTICLE 8 -- VACATIONS ............................... 9 ARTICLE 9 -- HEALTH AND WELFARE ..................... 11 ARTICLE 10 -- PENSIONS ................................ 12 ARTICLE 11 -- JURY DUTY ............................... 12 ARTICLE 12 -- SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE ........................... 12 ARTICLE 13 -- UNIFORM ALLOWANCE ..................... 15 ARTICLE 14 -- EMPLOYMENT PRACTICES .................. 16 ARTICLE 15 -- MANAGEMENT RIGHTS .................... 17 ARTICLE 16 -- GRIEVANCE PROCEDURE ................... 18 ARTICLE 17 -- WORK STOPPAGES ......................... 20 -2- ARTICLE 18 -- BULLETIN BOARDS 21 ARTICLE 19 -- BILL OF RIGHTS ........................... 21 ARTICLE 20 -- SAVINGS CLAUSE ......................... 23 ARTICLE 21 -- ENTIRE AGREEMENT ....................... 23 ARTICLE 22 -- RETENTION OF BENEFITS ................... 24 ARTICLE 23 -- DRUG TESTING ............................ 24 ARTICLE 24 -- DURATION ............................... 29 - 3 - R AGREEMENT By and Between THE CITY OF AUBURN and AUBURN POLICE GUILD COMMISSIONED UNIT 1993 - 1995 This Agreement is between the City of Auburn (hereinafter called the "City") and the Auburn Police Guild (hereinafter called the "Guild") 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 Guild as the collective bargaining representative. ARTICLE 1 -- RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes the Auburn Police Guild as the exclusive bargaining representative for all employees designated as Commissioned Law Enforcement Officers, rank of sergeant and below, excluding all other employees of the Department, and as certified by the Public Employees Relations Commission Case No. 5520-E-84-993, December, 27, 1984. ARTICLE 2 -- GUILD MEMBERSHIP AND DUES DEDUCTION 2.1 Employees shall either become members of the Guild or pay a service fee to the Guild within thirty-one (31) days of employment or within thirty-one (31) days of the execution date of this agreement. 2.2 Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Guild shall provide the employee and the City thirty (30) days notification in ME writing of the Guild'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. 2.3 The City agrees to deduct from the paycheck for each employee who has so authorized it, the initiation fee and regular monthly dues uniformly required of members of the Guild. The amount deducted shall be transmitted monthly to the Guild on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. ARTICLE 3 -- GUILD ACTIVITIES 3.1 The Business Representative of the Guild shall be allowed access to all facilities of the City wherein the employee covered under this contract may be working for the purposes of investigating grievances, provided such Representative does not interfere with the normal work processes. No Guild member or officer shall conduct any Guild business on City time and no Guild 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. 3.2 The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Guild principles or for performing duties authorized by the Guild, so long as these activities do not interfere with normal work process of the City. 3.3 The employer will attempt to allow such members of the Guild as may be designated by the Guild, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Guild negotiating team in labor negotiations with the City of Auburn including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost to the City. 3.4 The Guild shall have access and use of a copy machine through City -2- r Administration at $.10 per copy. ARTICLE 4 -- NON-DISCRIMINATION 4.1 The City and the Guild agree to promote and afford equal employment opportunity to all persons regardless of race, creed, color, ethnicity, national origin, sex, age, marital status or the presence of non -job -related physical, sensory or mental handicap. Both the Employers and the Guild's conduct shall be reviewed in accordance with applicable statutes, regulations and case precedents. ARTICLE 5 -- HOURS OF WORK AND OVERTIME 5.1 Hours of Duty - 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 inclusive of the lunch period. While this section shall be construed as a waiver regarding the scheduling of individual employees to shifts, it shall not be construed as a waiver of the Guild's right to demand bargaining over City proposed changes in the length of the work shifts themselves. 5.2 Overtime - 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. Be paid time and one-half overtime compensation for all hours worked outside the regularly assigned shift in any one day. b. All hours worked on a scheduled furlough day; and C. The hours worked on the first and last day of a changed shift unless written notice no less then seven (7) calendar days in advance of the shift change from the employee's regular shift is given to the employee. - 3 - f All overtime must be authorized by the Chief of Police. In all cases in computing overtime, the nearest one -quarter hours shall be used. 5.3 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 accrual shall be 120 hours of compensation. All compensatory time accumulated by an employee in excess of forty (40) hours as of the 31 st of May 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 may be paid at that time, but no more than forty (40) hours of accumulated compensatory time shall be carried past the 31 st of May. 5.4 Callback - If an employee is called back to duty he/she will be guaranteed a minimum of three (3) hours at one and one-half his/her hourly base rate. 5.5 Court Time - An employee required to testify in court on behalf of the Auburn Police Department during off duty hours shall be paid a minimum of three (3) hours at one and one-half times his/her hourly base rate for such attendance, except where such attendance is an extension of the end of his/her regularly scheduled shift at which time normal overtime procedures will apply. For court attendance in Seattle only, pay time shall be based on portal to portal from the Auburn Police Department to the court in Seattle and return. Court Time After Graveyard Shift and Officers' Days Off. Employees required to testify in court following a graveyard shift (i.e. a shift that ends after 3:00 AM), or on a scheduled day off, shall have a choice of one of the three following alternatives: a. Paid a minimum of three (3) hours at one and one-half times his/her hourly base rate. b. Compensatory time at the rate of one and one-half hours for each hour worked with a minimum of three (3) hours (four and one-half hours of compensatory time.) this compensatory time may be paid for under the provisions of Article V, Section 3. C. Non -saleable compensatory time in the amount of six (6) hours per occurrence. 5.6 Standby - The City and the Guild agree that the use of standby time shall be consistent with sound law enforcement practices and the maintenances of public safety. 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 be compensated when called back either normal overtime or four (4) hours straight time, whichever is greater. 5.7 Training - 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 the Washington State Law Enforcement Training Commission's 'Basic Law Enforcement School". Compensation for travel and/or off -duty attendance at authorized training programs shall be ' agreed upon in advance between the employee and the police administration. 5.8 Cancellation of Court Appearance - When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on that 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. - 5 - ARTICLE 6 -- CLASSIFICATIONS AND SALARIES 6.1 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 Sth and 23th of each month. 6.2 Premium pay in the amount of two (2) percent shall be applied to the straight -time hourly rate for each employee during assignment to Motorcycle Patrol, Detective Unit, Training Officer, Field Training Officer, K-9 Officer, Crime Prevention Officer, DARE Officer, SWAT, Pro -Act, Polygraph Officer and Rangemaster. 6.2.1 The City will seek input from supervisory and command personnel before making assignments of personnel to the specialty assignments in Article 6.2 of the labor agreement; provided that the parties recognize that the Chief of Police retains the ultimate right to select which officers will be assigned to those duties. 6.3 Employees assigned the job classification of Patrol Officer after completion of six (6) months of employment, or of Sergeant who have completed courses with a passing grade toward a job related degree shall be paid a percentage of their straight -time hourly rate as educational incentive based on the following schedule: 30 credits - 2%; 60 credits - 4%; AA Degree - 6%. Job related degrees shall include police science, law enforcement, sociology, criminology, psychology and other police related degrees as determined by the Employer. Education incentive pay shall be paid to employees only after the City has received official transcript from the educational institution verifying the credits or degree received. Any official document from a person authorized to grant credits and degrees from such college or university may be accepted in lieu of the official transcript, provided it is sent directly to the Police Chief and certified as true and correct. The City will reimburse employees for the cost of the Zm transcripts provided the employee produces a receipt or copy of a cancelled check. 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. Tuition reimbursement shall be limited to the University of Washington tuition fee schedule for equivalent number of credits being taken. Reimbursement shall be made upon successful completion by the employee with a grade of "C" or better. A grade of "pass" shall be accepted by the City when a "pass/fail" grading system is in effect. The City shall pay for required textbooks not already available in the City's library. These textbooks shall become part of the City's police library when the course is completed by the officer. 6.4 Effective January 1, 1985, 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 known as Schedule II: Schedule II 5 Years 8 Years 11 Years 14 Years 17 Years 2% 3.5% 5% 6.5% 8% 11 All employees hired on or before December 31, 1984, shall remain on Schedule I as follows until they have completed 14 years continuous service at which time they will transfer to Schedule II. Schedule I 54 Months 66 Months 78 Months 2% 4% 6% -7- ARTICLE 7 -- HOLIDAYS 7.1 The following eleven (11) days are designated as holidays: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Floating Holiday 7.2 Employees who are required to work on a designated holiday shall receive one and one-half times their hourly base rate for hours worked and shall receive a furlough day 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 furlough day 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. Said furlough day in lieu of a holiday shall be taken within one (1) year of the date accrued. Employees shall accrue and take holidays on a basis equivalent to the assigned shift hours (e.g., employees on 8 hours shifts shall accrue and take eleven 8 hour holidays per calendar year and employees on 10 hour shifts shall accrue and take eleven 10 hours holidays per calendar year, etc.). SIR 7.3 For employees assigned to rotating shifts, the designated holiday shall be: New Year's Day - January 1 Lincoln's Birthday - February 12 Washington's Birthday - 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 Day - December 25 For all other employees, the designated holidays shall be as specified in Section 1 above with the proviso that whenever any designated holiday falls upon a Sunday, the following Monday shall be the recognized holiday, and whenever any designated holiday falls upon a Saturday, the preceding Friday shall be the recognized holiday. 7.4 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. 7.5 Employees terminating service after completion of probation, other than for just cause, shall receive compensation for vested, unused holiday time. ARTICLE 8 -- VACATIONS 8.1 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: 1 to 5 years of continuous service - 14 working days per year 6 to 10 years of continuous service - 17 working days per year 11 to 15 years of continuous service - 20 working days per year 16 to 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. Employees shall take vacation leave on an hourly basis. A "working day" shall be equal to eight (8) hours. 8.2 Normally, vacation leave must be taken within the year next succeeding the year in which vacation leave credits are earned. Vacation leave credits shall not normally be accumulative except where the Chief of Police determines that special circumstances exist justifying an extended vacation. In no event shall an employee accumulate unused vacation leave in excess of two (2) year's annual vacation leave. Payment for up to five days of accrued and unused vacation leave shall be made to an employee where the employee, through no fault of the employee, was not able to take all of his accrued annual vacation leave during the year authorized. 8.3 Vacation leave shall be scheduled by seniority in each operational unit. 8.4 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. - 10 - ARTICLE 9 -- HEALTH AND WELFARE 9.1 A health care, dental care, orthodontics and life insurance program shall be granted to eligible employees and their dependents. Except for group medical insurance for spouse and children as provided in Section 2 herein, the cost shall be paid by the City. Said program shall consist of: 1. Association of Washington Cities/Washington Physicians Service/King County Medical Blue Shield Plan (i.e., AWC Plan A); 2. Washington Dental Service, Plan A; 3. Western Vision Eye Care; 4. States West Life Insurance for $5,000; and 5. Association of Washington Cities Orthodontics. The Guild agrees to continue to cooperate with the City in the study of cost containment measures. The Guild will appoint one member of the Guild's negotiations team to the City's Health Care Cost Containment Committee. The City may change health insurance carriers in the event State law makes it necessary to change carriers. The Guild retains the right, upon timely request, to require the City to bargain the effects of the change in carriers (including reductions in benefit levels) to the extent those effects are mandatory subjects of bargaining. 9.2 For the duration of this Agreement, each employee who enrolls his spouse or eligible children in AWC Plan A shall pay ten (10) percent of the premium cost each month. The City shall continue to make available to the AWC Group Health medical insurance plan for those individual LEOFF II employees who elect to enroll themselves and their dependents. The City's contribution toward medical insurance - 11 - for spouse and children shall be 90% of the applicable AWC Plan A Premium. ARTICLE 10 -- PENSIONS 10.1 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 11.1 Time off with pay will be granted for jury duty. Pay for jury duty shall be returned to the Employer. Employees shall be required to report for work for any portion of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled if a reasonable amount of time remains on that shift in light of the court's location. In order to be eligible for such payments, 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. The employee must give the Chief of Police prompt notice of call for jury duty. ARTICLE 12 -- SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE 12.1 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 accumulative to a maximum of one hundred twenty (120) days (i.e., 960 hours), except as provided in Section 7 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. Employees shall take sick leave on an hourly basis. -12- 12.2 A verifying statement from the employee's physician may be required by the Chief of Police, at his option, whenever an employee claims sick leave for three (3) days or longer, or after three (3) single sick leave claims in any calendar year or three consecutive days, which ever occurs first. In requiring a physician's statement, the Chief, or his designee, shall do so for the purpose of assuring that employees are utilizing sick leave benefits for the purposes intended by this Agreement. 12.3 Employees incapacitated by illness or injury shall notify the Chief of Police as close to scheduled starting time as possible that he/she is to report for duty. During periods of extended illness, employees shall keep the Chief of Police informed as to their progress and potential date of return to work. 12.4 An employee shall be allowed up to three (3) days bereavement plus three (3) days chargeable sick leave for death in the immediate family requiring his/her presence upon -approval of the Chief of Police. Immediate family shall include the father, father-in-law, mother, mother-in-law, spouse, children and step -children of the employee, employee's grandparents, and step-parents. 12.5 An employee shall be allowed up to three (3) days of sick leave in a calendar year for illness in the immediate family requiring his/her presence upon approval 'of the Chief of Police; provided that the three (3) day limitation shall not apply to sick leave used to care for minor children, pursuant to State law. Immediate family shall include only the father, mother, spouse or children of the employee. 12.6 Upon certification of disability retirement by the LEOFF Board, retirement, death or termination of 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 - 13 - accordance with the following schedule based on continuous years of service: Upon Completion of Years of Service 0 - 4 years 5 - 14 years 15 - 24 years 25 years and over Percent of Accrued Unused Sick Leave 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.) 25% 50% 100% Employees hired after the date of execution of this agreement shall not be subject to the above sick leave cashout provisions but shall be reimbursed for 35% of accumulated and unused sick leave upon retirement, death or disability retirement only. 12.7 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) one 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. 12.8 When an employee covered by the LEOFF II Retirement System is disabled as the proximate result of an on-the-job injury as covered by Washington State Worker's Compensation and Industrial Insurance, the City shall compensate the employee for the difference between his Worker's Compensation entitlement and his regular salary for a period not to exceed six (6) months or the termination of the disability, whichever comes first. To accomplish this, the City shall pay the employee his regular salary for said period and the employee shall receipt to the City all time loss payments received -14- from Worker's Compensation. The City agrees to maintain this section in the contract and the Guild agrees to limit the sick leave cashout for new hires. 12.9 The City shall pay a $3,000 death benefit to the estate of a police officer killed in the line of duty. Such payment shall be for funeral and related expenses. ARTICLE 13 -- UNIFORM ALLOWANCE 13.1 The City shall provide an annual clothing allowance as follows: Police Officer Personnel $425.00 (excluding those assigned to the Traffic Unit) Employees assigned to the Traffic Unit ......... Quartermaster System Newly Hired Personnel City will Outfit Newly Assigned Personnel ........ 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. 13.2 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. - 15 - THIS ARTICLE REMAINS OPEN FOR SIXTY DAYS FOR FURTHER NEGOTIATIONS ARTICLE 14 -- EMPLOYMENT PRACTICES 14.1 LUoff. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be in accordance and consistent with Civil Services Rules and Regulations of the City of Auburn. 14.2 Seniority. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest grade on the total examination in accordance with Rule 10. 14.3 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 at that higher rate when the work performed is one (1) hour or more in duration. 14.4 Tobacco Use. Tobacco use shall not be allowed in City vehicles or buildings. However, smoking is allowed in the Sally Port or outside City buildings. It is the intent .of the parties to continue to comply with the City's tobacco use policy in effect as of November 21, 1989. 14.5 Probationary Periods. Probationary periods upon initial appointment shall not exceed one year and may not be extended without the written agreement of the Guild. Probationary periods upon promotion shall not exceed one year and shall not be extended without the written agreement of the Guild. A probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. During an employee's initial probationary period he/she may be discharged by the employer at will and such discharge shall not be subject to the grievance procedure. During a promotional probationary period an employee may be reverted to his/her former classification and such reversion - 16 - shall not be subject to the grievance procedure. ARTICLE 15 -- MANAGEMENT RIGHTS 15.1 The Guild recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. 15.2 The City has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with the requirements of municipal employment and the public safety. 15.3 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. 15.4 The City reserves the right to discharge or discipline an employee for just cause. The City reserves the right to lay off personnel for lack of funds, or for the occurrence of conditions beyond the control of the Department. The City shall have the right to determine reasonable schedules of work in accordance with Section 5.1 and to establish the methods or processes by which such work is performed in accordance with Article V of this Agreement. 15.5 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the City council, recommending an annual budget or directing the proper performance of all executive departments; b. The responsibility of the City Council for the enactment of ordinances, the appropriation of monies; C. The legal responsibility of the Civil Service Commission, as - 17 - provided by State Statute, subject to any applicable bargaining duty of the City and the terms of this agreement. d. The responsibility of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules and Departmental Rules and as limited by the provisions of the Agreement; 1. To recruit, assign, transfer or promote members to positions within the Department; 2. To take disciplinary action against members for just cause; 3. To determine methods, means and personnel necessary for departmental operations; 4. To control departmental budget; and 5. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. ARTICLE 16 -- GRIEVANCE PROCEDURE 16.1 For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Guild concerning an alleged breach or violation of this Agreement. Step 1. Any 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 Guild 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 Guild with written notice of such election. 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/or the Guild 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 to the aggrieved, Guild representative and the Mayor. Step 3. Any 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 fourteen (14) working days. The parties shall mutually select a disinterested third party to serve as Arbitrator. In the event the Employer and Guild 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 request - 19 - AAA shall state the issue. The Arbitrator shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him. The Arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not add to, detract from or alter in any way, the provisions of this Agreement. The decision shall be final and binding upon both parties. The expenses and fees incumbent to the services of the AAA and the Arbitrator shall be borne by the losing party. In the event the losing party cannot be readily determined, the Arbitrator shall decide the division of fees and expenses. 16.2 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. 16.3 A grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Guild 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 -- WORK STOPPAGES 17.1 The City and the Guild agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Guild shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform and customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Guild agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be -20- deemed a work stoppage if any of the above activities have occurred. ARTICLE 18 -- BULLETIN BOARDS 18.1 The City shall permit the reasonable use of bulletin boards by. the Guild for the posting of notices relating to official Guild business. ARTICLE 19 -- BILL OF RIGHTS 19.1 The employer retains the right to adopt rules for the operation of the Auburn Police Department and the conduct of its employees provided that such rules do not conflict with City ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employees subject to the provisions of the City ordinances, City and State Civil Service Rules and Regulations as they exist and terms of this Agreement. 19.2.a. In an effort to ensure that investigations made by Superior Officers, as designated by the Chief of Police of the Auburn Police Department, are conducted in a manner which is conducive to good order and discipline, the Auburn Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 19.2.b. Every employee who becomes the subject of an internal investigation shall be advised at the time of the interview that he/she is suspected of: 1. Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, 3. That he/she may not be qualified for continued employment with the department. 19.2.c. Any employee who becomes the subject of a criminal investigation -21- may have legal Counsel present during all interviews. This representation by counsel is confined to counseling, and not actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. A major investigation as used elsewhere in this Article shall be interpreted as any action which could result in dismissal from the Department or the filing of a criminal charge. 19.2.d. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 19.2.e. The employee shall be informed in writing as to whether he/she is a witness or suspect, before any interview commences. If the employee is a suspect, he/she shall be appraised in writing of the allegations of such complaints before any interview commences. 19.21. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. 19.2.g. The employee or Employer may request that a major investigation interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee under major investigation shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview. 19.2.h. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing, before being interviewed. The employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls and rest periods. -22- 19.2.i. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in "2" herein. 19.2.j. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 19.21. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. 19.2.1. Should any section, sub -section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. ARTICLE 20 -- SAVINGS CLAUSE 20.1 If any article or any portion of any article of this Agreement or any addendum's thereto should be held invalid by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 21 -- ENTIRE AGREEMENT 21.1 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. - 23 - ARTICLE 22 -- RETENTION OF BENEFITS 22.1 This Agreement shall not operate to reduce any benefits specified in this Agreement which are now more favorably enjoyed by any of the employees covered herein. ARTICLE 23 -- DRUG TESTING 23.1 Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee provide written medical authorization to perform various essential job functions from a physician while using such drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover,the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who -24- are or have been engaged in serious criminal conduct, whether drug related or not. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including, breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article. For the purpose of administering this Article the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee; Under the Influence - The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml) Test Level Amphetamines ................................ 1000 Barbiturates ................................... 300 Benzodiazepines...............................300 Cannabinoids .................................. 100 Cocaine metabolites ............................. 300 Methadone .................................... 300 Methaqualone................................. 300 Opiates (Codeine) .............................. 300 Opiates (Morphine) ............................. 300 - 25 - Phencyclidine (PCP) .............................. 25 Propoxyphene.................................300 Level of the positive result for ethyl alcohol ....... 0.05 gr/dl Illegal Drugs - Are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over -the -Counter Drugs - Are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. Prescription Drugs - Are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. 23.2 If an employee is required to submit to a drug test, the following procedure shall be followed: 23.2.1 The employee shall be given an opportunity to confer with a Guild representative if one is readily available and the employee has requested said conference. 23.2.2 The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee to the test administrator. The Employer and a Guild representative may be present during this discussion. 23.2.3 The Employer may request urine and/or blood samples. 23.2.4 Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. -26- The employee shall not be observed by the Employer when the urine specimen is given. 23.2.5 All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the Employer, employee and the Guild representative and proper chain -of -custody procedures shall be followed. 23.2.6 The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the Union and the Employer. The laboratory used shall also be one whose procedures are periodically tested in a program where they analyze unknown samples sent by an independent party. The results of such tests shall be made available to the Employer and the Guild. 23.2.7 If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Confirmatory Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml -27- Methamphetamine 500 ng/ml 23.2.8 At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. 23.2.9 The - employee and the Guild shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. 23.3 The parties shall designate a Medical Review Officer (MRO) to review . all confirmed positive test results and communicate those results to the Employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. 23.4 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. INM ARTICLE 24 -- DURATION 24.1 This agreement shall become effective upon ratification of the parties except where expressly provided otherwise herein and shall remain in full force and effect until December 31, 1995. 1 Signed this 3D day of November, 1993 at Auburn, Washington. CITY OF AUBURN By: dt By: Mayor By: Y� City Clerk Approved As To Form: By: City Attorney -29- AUBURN POLICE GUILD n.7- APPENDIX "A" STRAIGHT -TIME HOURLY RATE OF PAY Section 1. Pay Plan January 1, 1993 through December 31, 1993 CLASSIFICATION HOURLY RATES OF PAY 0-6 Mos 7-18 Mos 19-30 Mos 31-42 Mos 43 Mos & Over Position Step 1 Step 2 Step 3 Step 4 Step 5 Sergeant l/l/93 - 12/31/93 Police Officer l/1/93 - 12/31/93 $21.31 $15.79 $16.75 $17.73 $18.85 $19.97 1994 PAY PLAN The 1994 base salary shall be increased by ninety (90) percent of the CPI-W Seattle Mid -year index (1992-93). The 1994 base salary of the rank of Sergeant will be 9% above the top step Police Officer base hourly rate. 1995 PAY PLAN The 1995 base salary shall be increased by ninety (90) percent of the CPI-W Seattle mid -year index (1993-4) with a minimum of 3% and a maximum of 5%. The 1995 base salary of the rank of Sergeant will be 12% above the top step Police Officer base hourly rate. - 30 -