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HomeMy WebLinkAbout1990 - 1992 Lieutenants UnitCITY OF AUBURN DRIVER SALES AND WAREHOUSE UNION LOCAL NO. 117 LIEUTENANTS UNIT 1990 - 1992 AGREEMENT October,1989 TABLE OF CONTENTS ARTICLE I - Recognition And Bargaining Unit ..................................................... 2 ARTICLE II - Union Membership And Dues Deduction ....................................... 2 ARTICLE III - Union Activities................................................................. .............. 3 ARTICLE IV - Nondiscrimination ........................................................................... 3 ARTICLE V - Duty Assignment................................:................................................. 4 ARTICLE VI - Classifications And Salaries................................................................ 5, ARTICLEVII -Holidays, ................................................................................................. 6 ARTICLE VIII - Vacations.............................................:.......:......................................... 6 ARTICLE IX - Health And Welfare.............:............................................................... 8 ARTICLEX - Pensions..............................................................:.................................. 9 ARTICLEXI - JuryDuty............................................................................................... 9 ARTICLE XII - Sick Leave -Funeral And Emergency Leave .................................. 9 . ARTICLE XIII - Uniform Allowance............................................................................. 12 ARTICLE XIV -Employment Practices......................................................................... 12 ARTICLE XV - Management Rights ......................................... :.................................. 13 ARTICLE XVI - Grievance Procedure........................................................................... 14 ARTICLEXVII - Work Stoppages................................................................................... 16 ARTICLE XVIII- Bulletin Boards...................................................................................... 16 ARTICLE XIX - Savings Clause.................................................:................... _ ............. 17 ARTICLEXX - Entire Agreement.......................................:....................................... 17 ARTICLEXXI - Longevity............................................................................................... 17 ARTICLE XXII - Terms of Agreement........................................................................... 18 1 APPENDIXA - Rate of Pay............................................................................................ 20 Article I RECOGNITION AND BARGAINING UNIT The City recognizes the Union as the exclusive bargaining representative for the Police Lieutenants as certified by the Public Employees Relations Commission Case No. 3100- E-80-597, December 24,1980. Article II UNION MEMBERSHIP AND DUES DEDUCTION Section 1. The Union accepts its responsibility to fairly represent all employees in the bargaining unit. Each full-time employee within the bargaining unit shall make application to become a member of the Union within thirty-one (31) days after the first six (6) months of employment or within thirty-one (31) days from the execution date of this Agreement (whichever is later) and all such employees shall maintain membership in the Union in good standing for the life of the Agreement by payment of regular initiation fees and dues to the Union. Section 2. Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Union shall provide the employee and the City thirty (30) days notification in writing of the Union's request to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge shall be withdrawn. Section 3. The City agrees to deduct from the paycheck for each employee who has so authorized it, the initiation fee and regular monthly dues uniformly required of members of the Union. The amount deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the funds collected by the Union under this provision shall be used for support of political purposes in Auburn. Y Dick Kammeyer, Chairman Lee Singer 8 Jack Sprenger, Members Vicki Fromholz, Chief Examiner CIVIL SERVICE COMMISSION AGENDA NOVEMBER 7, 1989 September Minutes NEW BUSINESS COMMISSION BUSINESS Acceptance of Application Form via Fax POLICE DEPARTMENT CIVIL SERVICE COMMISSION 25 West Main -Auburn, WA 98001 (206) 931-3014 Police Lieutenant Eligibility List Established Police Entry Level Disqualifications Entry Level Police Officer Job Description - Discussion of college credit THE MEETING IS NOVEMBER 7, 1989 AT 3:30 P.M. IN CONFERENCE ROOM #3. cc: Commission Members Mayor Roegner Chief Evans Captain Pitzl Captain Sherman Chief Johnson Assistant Chief Shropshire cc: Gretel Sloan, Personnel Director Marguerite Schellentrager, City Attorney Robin Wohlhueter, City Clerk Police Guild - John Calkins Firefighter Union Local #1352 Mick Crawford 1989 - 1991 Police Lieutenants Contract Page 3 Article III UNION ACTIVITIES Section 1. The Business Representative of the Union 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 Union member or officer shall conduct any Union business on City time and no Union meetings will be held on City time or premises unless authorized by the Chief of Police. 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 process of the City. Section 3. The employer will attempt to allow such members of the Union as may be designated by the Union 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. Arbitration shall be excluded from this provision. Article IV NONDISCRIMINATION The City and the Union agree to promote and afford equal employment opportunity to all persons regardless of race, creed, color, ethnicity, national origin, sex, age, marital status or the presence of non -job -related physical, sensory or mental handicap. " 1989 - 1991 Police Lieutenants Contract Page 4 Article V DUTY ASSIGNMENT Section 1. The Chief of Police or his/her designee shall approve the regular work week schedule for the members of the bargaining unit. Members of the bargaining unit shall be consulted in the development of such work week schedules which shall establish the hours to be followed by the employees in meeting the responsibilities of the positions to which they have been assigned. Section 2. In the event an employee is directed by the Chief of Police or his/her designee to work: a. In excess of four (4) hours beyond the hours of any regular scheduled work day, or b. In excess of four (4) hours on any regularly scheduled day for not working. r For all hours worked over eight (8) hours under "a" above or for all hours worked under'b" above, the employee, at the time said hours are worked may elect: 1. To receive compensation at one and one-half (1h) his/her regularly hourly salary rate, or 2. To take compensatory time off at one and one-half (1 k) the time worked for his regularly scheduled hours of work, provided the compensatory time is taken within sixty (60) days from the time it was earned. Section 3. In the event a Lieutenant is directed by the Chief to work a command duty officer (CDO) assignment, such Lieutenant shall be paid a flat fee of $35.00 for every week of CDO duty. In addition, the City shall pay $25.38 to a Lieutenant when he is on CDO duty and is called out. This $25.38 "call -out" fee shall be paid per call -out regardless of the duration of the call -out and such payment shall be in addition to, not in lieu of, compensatory time. Effective January 1, 1988, this "call -out" fee shall be increased to $26.01. ` 1989 - 1991 Police Lieutenants Contract Page 5 Article VI CLASSIFICATIONS AND SALARIES Section 1. Employees covered by this Agreement shall be compensated as follows: January 1, 1990 - December 31, 1990 $ 3,821.00 per month, which reflects a 4% increase over 1989 salaries based on modified TCC (Wages and 50% of medical insurance premium increase paid by employor). See Appendix A. January 1, 1991 - December 31, 1991 4% increase based on modified TCC (Wages and 50% of medical insurance premium increase paid by the employer) January 1, 1992 - December 31, 1992 80% CPI-W (Seattle) July -July minimum 3.5%, maximum 4% increase based on modified TCC (Wages and 50% medical insurance premium increase paid by the employer) Section 2. Paydays for employees covered by this Agreement shall be on or before the 8th and 23rd of each month. ' 1989 - 1991 Police Lieutenants Contract Page 6 Article VII 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 Floating Holidays (2) Whenever any legal holiday as mentioned above falls upon a Sunday, the following Monday shall be the legal holiday. Whenever a legal holiday as mentioned above falls upon a Saturday, the preceding Friday shall be a legal holiday. Section 2. In the event an employee is directed by the Chief of Police or his/her designee to work on a holiday, the employee shall be given a day off from his regular work schedule within thirty (30) days after the holiday. Section 3. A request to take a Floating Holiday may be made by an employee at any time prior to the time for which it is to be used. It may be approved by a Supervisory Captain or the Chief of Police. Article VIII 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: ` 1989 - 1991 Police Lieutenants Contract Page 7 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. Section 2. Normally, vacation leave must be taken within the year next succeeding the year in which vacation leave credits are earned. However, employees covered by this contract may accumulate up to two (2) years' vacation based on their anniversary dates. Additional accrued vacation time must be used the same month it is accrued or it will be lost. Section 3. Vacation leave shall be scheduled with the concurrence of a Supervisory Captain or the Chief of Police. 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 in the current year and not taken prior to the death of such employee. 1989 - 1991 Police Lieutenants Contract Page 8 Article IX HEALTH AND WELFARE A Health and Welfare program shall be granted to eligible employees and their dependents. Such program includes: Association of Washington Cities Medical/Dental Vision Service Plan Great West Prescriptions States West Life Insurance The premium cost of such program shall be paid as follows: Section 1. The City shall continue to pay the insurance premiums for Dental Care, Vision Service Plan, Great West Prescriptions and States West Life Insurance plans during the life of the contract. Section 1.1. AWC Medical Plan A Effective January 1, 1990, the City will pay the following towards the cost of medical insurance for LEOFF I and LEOFF II employees and all eligible dependents: LEOFF I (100%) $ 158.00 LEOFF II $ 95.19 Spouse $ 98.42 1st Dependent $ 45.39 2nd Dependent $ 38.14 Effective January 1, 1991, the City will pay the above amounts plus fifty (50) percent of any premium increase. Effective January 1, 1992, the City will pay the amount it paid in 1991 plus fifty (50) percent of any premium increase. . 1989 -1991 Police Lieutenants Contract Page 9 Section 2. The City shall pay a $3,000 death benefit to the.estate of a Lieutenant killed in the line of duty. Article X PENSIONS Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees.' Article XI JURY DUTY Time off with pay will be granted for jury duty. The employee shall be paid the difference between the fee he/she receives for such service and the amount of straight - time earnings lost by reason of such service. 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 of service and the amount of jury pay recovered. The employee must give the Chief of Police, prompt notice of call for jury duty. Article XII SICK LEAVE - FUNERAL AND EMERGENCY LEAVE Section 1. Sick leave credit shall accumulate for eligible employees at the rate of one (1) day per month. Sick leave is cumulative to a maximum of one hundred twenty (120) days (i.e., 960 hours). 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 1989 -1991 Police Lieutenants Contract Page 10 or childbirth. Any employee found to have abused sick leave by falsification or misrepresentation of the same shall be subject to disciplinary action at the discretion of the Chief of Police. In order to provide an incentive for using sick leave only as necessary, members of the unit shall be entitled to bonus days off for non use of sick leave during a calendar year. Employees who use no sick leave in a calendar year shall be entitled to two (2) bonus days off in the following year. Employees who use up to sixteen (16) hours sick leave in a calendar year shall be entitled to one (1) bonus day off. Use of bonus days shall not affect sick leave balances. Section 2. A verifying statement from the employee's physician may be requested by the Chief of Police, at his option, whenever an employee claims sick leave for three (3) days or longer. Section 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. Section 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 (including father and mother-in-law) requiring his/her presence upon approval of the Chief of Police. Section 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. Immediate family shall include only the father, mother, spouse or children of the employee. Section 6. Employees may use their accrued sick leave for care of a minor dependent child where the employee's presence is required. Use of sick leave in these circumstances shall be subject "to the same provisions as detailed in this Article as allowed by State law. 1989 - 1991 Police Lieutenants Contract Page 11 Section 7. Upon certification of disability retirement by the LEOFF Board, 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 one hundred twenty (120) days (i.e., 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% Section 8. When an employee has accumulated nine hundred sixty (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 nine hundred sixty (960) hours shall be paid at twenty-five (25) percent of the employee's then hourly base rate. Subject to scheduling approved by the Chief of Police, employees may elect to take time off in lieu of the twenty-five (25) percent payment. Employees shall notify the Chief of Police of their intent to receive payment or take time off by the end of the first pay period of January each year. 1989 - 1991 Police Lieutenants Contract Page 12 Article XIII UNIFORM ALLOWANCE The City shall provide an annual clothing allowance of $400.00 in 1990 and $425.00 in 1991 and 1992. 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 the 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. Article XIV EMPLOYMENT PRACTICES Section 1. Personnel reductions through layoff procedures and reinstatements from such layoff shall be in accordance and consistent with Civil Service Rules and Regulations of the City of Auburn. Section 2. 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, Auburn Civil Service Rules. • 4 1989 - 1991 Police Lieutenants Contract Page 13 Article XV MANAGEMENT RIGHTS Section 1. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. Section 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. Section 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Section 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 and to establish the methods or processes by which such work is performed in accordance with Article V of this Agreement. Section 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 and final determination of employee compensation; c. The responsibility of the Civil Service Commission, as provided by State Statute, for determining classification, status and tenure of employees, establishing rules, certifying registers and the reviewing of appointments in the police service; 1989 - 1991 Police Lieutenants Contract Page 14 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 XVI GRIEVANCE PROCEDURE Section 1. For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Union concerning an alleged breach or violation of this Agreement. Step 1. Any alleged grievance shall be taken up with the employee's immediate superior officer 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 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 Union and the employee shall provide the Employer with written notice of such election. 1989 - 1991 Police Lieutenants Contract Page 15 Sto 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 superior officer, 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, Union 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 aggrieved, 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 the 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. The request to the American Arbitration Association shall state the issue. The Arbitrator shall confine him/her self 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 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 expenses and fees incumbent to the services of the Arbitrator shall be borne equally by the Employer and the Union. Section 2. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption. 7. 1989 - 1991 Police Lieutenants Contract Page 16 Section 3. A 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 XVII WORK STOPPAGES The bargaining union members are all uniform personnel employed as supervisors with the City of Auburn. It is contrary to public policy and laws of the State of Washington for such employees to engage in strikes, work stoppages, work slowdowns, sickouts or other concerted actions that interfere with law enforcement. Therefore, the Union, its members, employees and agents agree there shall be no strikes, work slowdowns, work stoppages, sickouts or other concerted actions which interfere with the normal operation of the City of Auburn Police Department and that they shall not honor any picket lines of other employees or groups of employees and engage in concerted activity as described herein in support of, cooperation with, or sympathy for other employees or groups of employees. Article XVIII BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for posting of notices of a non controversial nature relating to Union business. ~ 1989 - 1991 Police Lieutenants Contract Page 17 Article XIX SAVINGS CLAUSE If any article of this Agreement or any addendums thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of the Agreement and addendums 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 XX 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. Article XXI LONGEVITY Longevity pay shall be applied to the straight -time monthly rates of employees covered by the Agreement who have completed continuous service in accordance with the following schedule: 1989 - 1991 Police Lieutenants Contract Page 18 LONGEVITY PAY SCHEDULE 5 Years ........................ Included in base 8 Years ........................ Included in base 11 Years ...................... Included in base 14 Years..........................................0.5% 17 Years..........................................2.0% 20 Years..........................................3.5% Article XXII TERM OF AGREEMENT Section 1. This Agreement is effective January 1, 1990, and shall remain in full force and effect through December 31, 1992, and shall automatically be renewed thereafter upon each anniversary of said date unless written notice to the contrary be given by either party. Section 2. Pursuant to the provisions of RCW 41.56, the City agrees to commence negotiations with the Union not later than June 1 of any calendar year where required for the purpose of negotiating wages, hours and other terms and conditions of employment for employees covered by this Agreement. 1989 - 1991 Police Lieutenants Contract Page 19 Signed this Auburn, Washington. City of Auburn 211 By:4�e 0. Mayor day of 0 9-c��� , 1989, at Driver Sales and Warehouse Union Local No. 117 - Lieutenants Unit : By ARNIE WEINMEISTER Secretary -Treasurer By: By: City Clerk Approved As To Form: City Attorney APPENDIX 'A' LIEUTENANTS BASED ON 18 YEAR LIEUTENANT EMPLOYEE, SPOUSE & 1 DEPENDENT 1989 1990 4% TCC WAGE $3,680.00 $3,821.00 LONGEVITY $73.60 $76.42 SUB TOTAL $3,753.60 $3,897.42 % WAGE INC. 1.0383 MEDICAL $237.21 $256.42 DENTAL $40.23 $40.23 PRESCRIPT $29.54 $29.54 VISION $12.35 $12.35 LIFE $1.35 $1.35 SUB TOTAL $320.68 $339.89 TOTAL: $4,074.28 $4,237.31 $ INCR: 104.00% t� or MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF AUBURN DRIVER SALES AND WAREHOUSE UNION LOCAL 117 LIEUTENANTS UNIT Article XIII UNIFORM ALLOWANCE Due to a typographical error the first sentence in this Article is inaccurate. The first sentence should read: The City shall provide an annual clothing allowance of $425 for the life of the Agreement. The remainder of this Article is accurate. Signed this Auburn, Washington. City of Auburn By: �t Mayor day of 1990, at B y: City Clerk Approved As To Form: .......... City Attorney Driver Sales and Warehouse Union Local No. 117 - Lieutenants Unit By: Arnie Weinmeister Secretary -Treasurer