Loading...
HomeMy WebLinkAbout3881 RESOLUTION NO.3 8 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE TEAMSTERS UNION LOCAL NO. 117, OUTSIDE UNIT, FOR 2005-2007 WHEREAS, this Agreement is between the City of Auburn and the Teamsters Union local No. 117, Outside Unit, for the purposes of setting forth the mutual understanding of the parties to conditions of employment for those employees for whom the City recognizes the Teamsters Union Local No. 117, Outside Unit, as the collective bargaining representative; and WHEREAS, the City of Auburn recognizes the Teamsters Union Local No 117, Outside Unit, as the exclusive bargaining representative of all employees designated as Teamsters Union local No. 117, Outside Unit; and WHEREAS, after review and approval of the Collective Bargaining Agreement by the City of Auburn and the Teamsters Union local No. 117, Outside Unit. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOllOWS: Section 1. Purpose. The City Council hereby authorizes the execution of the Collective Bargaining Agreement by and between the City of Auburn and Resolution No. 3881 July 27. 2005 Page 1 the Teamsters Union Local No. 117, Outside Unit, for 2005 - 2007 as set forth in Exhibit "A" attached hereto and incorporated by reference. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Effective Date. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this \s.:\- day of ~\~l.lS.+ 2005. ~ ----- ~ PETER B. LEWIS MAYOR ATTEST: ~1&M6Jfd~~ Danlelle E. Daskam, City Clerk Daniel B. id, City Attorney Resolution No. 3881 July 26, 2005 Page 2 , . AGREEMENT BY AND BETWEEN CITY OF AUBURN AND TEAMSTERS UNION LOCAL NO. 117 OUTSIDE UNIT JANUARY 1.2005 THROUGH DECEMBER 31.2007 This Agreement is between the City of Auburn (hereinafter called the "City") and the Teamsters Union Local No. 117 (hereinafter called the "Union") for the purpose of setting forth the mutual understanding of the parties as to conditions of employment for those for whom the City recognizes the Union as the collective bargaining representative. , TABLE OF CONTENTS ARTICLE I Recognition and Bargaining Unit 3 ARTICLE II Union Membership and Dues Deduction 3 ARTICLE III Union Activities 4 ARTICLE IV Nond iscrimination 4 ARTICLE V Hours of Work 5 ARTICLE VI Probationary Periods 6 ARTICLE VII Classifications And Minimum Rates Of Pay 6 ARTICLE VIII Working Out Of Classification 6 ARTICLE IX Holidays 7 ARTICLE X Vacations 8 ARTICLE XI Health And Welfare 9 ARTICLE XII Retirement 10 ARTICLE XIII Jury Duty 11 ARTICLE XIV Sick Leave 11 ARTICLE XV Bereavement Leave 13 ARTICLE XVI Education Incentive 13 ARTICLE XVII Safety Shoes 14 ARTICLE XVIII Grievance And Arbitration Procedures 14 ARTICLE XIX Seniority 15 ARTICLE XX Management Rights 17 ARTICLE XXI Work Stoppages 17 ARTICLE XXII Bulletin Boards 18 ARTICLE XXIII Savings Clause 18 ARTICLE XXIV Amendments to the Agreement 18 ARTICLE XXV Entire Agreement 18 ARTICLE XXVI Maintenance of Benefits 19 ARTICLE XXVII Labor Management Committee 19 ARTICLE XXVIII Terms of Agreement 19 Signature Page 19 APPENDIX A Rates of Pay 21 APPENDIX B Medical Premiums 23 Memorandum of Understanding 24 Article I RECOGNITION AND BARGAINING UNIT The City hereby recognized the Union as the sole exclusive collective bargaining representative of all full-time employees and all regular part-time employees classified in Appendix "A" and who work in the following departments and/or divisions: Building Maintenance, Cemetery, Equipment Rental, Golf Course, Parks, Sewer, Streets, Water and Storm. Temporary employees with less than one hundred twenty (120) calendar days per year and part-time employees with less than eighty (80) hours in a month, supervisors, confidential, professional, protection employees and employees engaged in training and instruction for management positions shall be excluded from the bargaining unit. Article II UNION MEMBERSHIP AND DUES DEDUCTION Section 1. The Union accepts its responsibility to fairly represent all employees in the bargaining unit. Each full-time employee within the bargaining unit shall make application to become a member of the Union within thirty-one (31) days from his/her date of hire or within thirty-one (31) days from the execution date of this Agreement (whichever is later), and all such employees shall maintain membership in the Union in good standing for the life of the Agreement by payment of regular initiation fees and dues to the Union. Should a member have a bona fide religious objection to Union affiliation RCW 41.56.122 will prevail. Section 2. Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Union shall provide the employee and the City thirty (30) days' notification in writing of the Union's request to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge shall be withdrawn. Section 3. The City agrees to deduct from the paycheck of each employee who has so authorized it the initiation fee and regular monthly dues uniformly required of members of the Union. The amount deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employees shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the funds collected by the Union under this provision shall be used for support of political purposes in Auburn. 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 employees covered under this contract may be working for the purposes of investigating grievances, or observing working conditions, provided such representative does not interfere with the norrnal work processes, and upon providing prior notification to the City. No Union member or officer shall conduct any Union business on City time and no Union meetings will be held on City time or prernises without prior notification. Section 2. The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union so long as these activities do not interfere with normal work processes of the City. It shall not be a violation of this Agreement or cause for discharge for any employee to refuse to cross a lawful primary picket line in the perforrnance of his/her duties provided that: 1) the picket line has been approved by Teamsters Local Union No. 117 and, 2) employees shall be required to serve a customer that is not the object of the picketing. The employee's will, however, cross picket lines to service emergency situations. The Union recognizes that the City may have an obligation, which may require service to be performed, which rnay not be of an emergency nature but is the subject of a labor dispute and where the City's Union personnel have refused to cross a legal picket line. It is further agreed that the Union shall not interfere with the City performing the service by other means. It is understood that any Union employee willfully ignoring this provision removes himself from the protection afforded above. Section 3. Just Cause. The City reserves the right to discipline, discharge or suspend any employee in its employ for just cause. An employee who has been discharged may protest the discharge to the Union. An employee who has been discharged and the Union may protest the discharge to the City in writing within three (3) working days of the date of discharge if the employee considers the discharge was not for cause. If the dispute is not resolved between the parties within five (5) working days following such protest, the grievance procedure may be used as provided in this Agreement. Section 4. Employees shall be informed that they are allowed Union representation at disciplinary hearings. 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/disability. 4 Article V HOURS OF WORK Section 1. The normal workweek for full-time employees shall be five (5) consecutive days, Monday through Friday, of not less than eight (8) hours per day exclusive of lunch period. Work schedules other than the normal Monday through Friday schedule may be established in those departments requiring a seven (7) day per week operation and in the event of emergencies as determined by the City. Section 2. All time worked in excess of eight (8) hours in anyone day (or in excess of ten (10) hours per day when a flextime prograrn is in effect) or forty (40) hours in anyone workweek (normally Saturday at midnight to Saturday at midnight, pursuant to the Fair Labor Standards Act, except for other schedules as defined in Section 1, shall be considered overtime and shall be paid at the rate of one and one-half (1 )12) times the straight time rate of pay. For schedules that fall with Saturday midnight in the middle of the scheduled workweek, overtime will begin at the completion of forty (40) hours worked. The normally scheduled first day of the week shall serve as the beginning of the regular forty (40) hour workweek. Overtime shall be paid based on hours worked. The normally scheduled first day of the week shall serve as the beginning of the regular forty (40) hour workweek. Overtime shall be paid based on hours worked only except as defined in Article IX, Holidays, Section 4. Any hours worked in excess of the normal work schedule that is mandatory shall be paid at the overtime rate. Mandatory overtime shall be assigned equitably, subject to employee qualifications, as determined by the City to perform the work. In the event of scheduled overtime, qualified employees will be asked to volunteer for such, and assignment of the overtime will be in order of seniority. If an insufficient number of employees volunteer, the scheduled overtime will be assigned on a mandatory basis to qualified employees equitably. Section 3. Employees called back to work shall receive a minimum of two (2) hours pay at the overtime rate for the work for which they are called back. A call back shall be defined as hours worked which are not annexed consecutively to one end or the other of the working day. Section 4. Standby: The City reserves the right to place employees on mandatory standby. Qualified employees on standby may be required to carry a communication device (such as a pager or cell phone) and be able to respond immediately to callback situations without restrictions or impairments. Qualified employees will receive standby pay at the rate of $2.00 per hour. The employee will receive standby pay for all hours outside of his/her regularly scheduled shift, for days so assigned. In the event an employee who is on standby duty is called out, he/she shall be compensated in accordance with Section 3. Section 5. Employees required by the City to attend defensive driver training shall be compensated for actual time in attendance in accordance with RCW 49.46, Section 3. Section 6. Management may 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, established by management, may be up to ten (10) hours exclusive of the lunch period. During the course of this Agreement, the parties agree to submit the issue of summer schedules and/or summer flex hours to the Labor Management Committee. The Committee members are charged with 5 ~ providing a good faith effort to develop summer schedules and/or flex schedules to be taken under consideration by management. Section 7. Payment for authorized overtime hours worked shall be paid or compensatory time earned at the employee's option, such option to be exercised at the time earned without option to change the decision once it is made. Compensatory time shall be earned and accumulated at the rate of one and one-half (1 )12) hours for each overtime hour worked, provided that the maximum allowable accrued shall be eighty (80) hours of compensation. Article VI PROBATIONARY PERIODS Section 1. All newly hired and promoted employees will serve a six (6) month probationary period, which for newly hired employees may be extended for up to six (6) months; if, within the six (6) month probationary period, the employee is not able to perform his/her duties to the satisfaction of the City and is terminated from this position, then the termination is both non-protestable and non-grievable under the provisions of Article III, Section 3, and Article XVIII of this Agreement. Article VII CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 1. Employees covered by this Agreement shall be compensated as set forth in Appendix A. Section 2. Employees will be paid on the 8th and 23"' of each month. Section 3. When an employee who possesses a CDL, whose work does not normally require the use of the CDL, is assigned to perform work that requires the use of the CDL, for more than one (1) hour, the employee shall be paid for each hour he/she is required to use the CDL at the corresponding Maintenance Worker 21A step, if he/she is a Maintenance Worker I or the corresponding step at the Maintenance Worker 22A ievel, if he/she is a Maintenance Worker II. Article VIII WORKING OUT OF CLASSIFICATION When an employee is assigned by the Division Manager or Department Head to perform the skills and scope of duties of a higher classification for a period of more than six (6) hours in anyone shift before returning to his/her regular duties, such employee will be paid at a pay rate that ensures the approximate equivalent of at least a one step pay increase. If the Employee works beyond the six (6) hours, both the preceding six (6) hours and the hours following shall be paid at the acting pay rate. In the event that an employee is assigned by the Division Manager or Department Head to work on a temporary basis in a position of higher classification to fill a vacancy or to act on behalf of an absent 6 supervisory employee, absent for more than two (2) days in a row, the employee will be paid at a pay rate that ensures the approximate equivalent of at least a one step pay increase. In the event of a planned absence such as a vacation or scheduled time off the employee in the acting pay status shall receive the acting pay from the first day of the supervisor's (or other higher classified position such as a grade 23 level position). In the event of an unplanned absence the employee will be placed in the acting pay status beginning the third day of the absence and the acting pay shall be retroactive to the first day. If the supervisor's (or other higher classified position such as a grade 23 level position) absence does not go beyond the second day no acting pay will be implemented. All out of classification payor acting pay proposals must be reviewed and approved by the Mayor, the Human Resources Director or designee. Such pay will be documented on the employee's Personnel Status Report (PSR) along with the beginning and ending dates of the assignment for each assignment. In either of these situations the division head or department director must have the approval for the out of class payor acting pay in advance, except where there is an emergency situation in which case the acting pay may be granted at the time of the emergency as deemed necessary or as soon after the fact as the approving authority can be notified. Nothing in this Article shall be construed to limit or prevent the City from assigning out of classification or acting pay in a manner that it deems necessary for the operations of the City. Article IX HOLIDAYS Section 1. The following holidays shall be paid holidays for all employees covered by this Agreement: New Year's Day Martin L. King Jr.'s Birthday Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Two Floating Holidays The day of observance of the above holidays shall be the days specified by City ordinance. If anyone of the above holidays falls on a Sunday, the following Monday shall be the holiday. If it falls on Saturday, the preceding Friday shall be the holiday. Section 2. For bookkeeping purposes, Floating Holidays shall be treated as vacation days, subject to the same notice and approval procedures applicable to vacation leave. Floating Holidays must be taken during the calendar year. Section 3. Employees performing work on any of the above holidays shall receive the holiday pay specified above plus compensation for actual time worked at the overtime rate with a minimum of two (2) hours. Section 4. When a recognized holiday falls prior to a Saturday and an employee volunteers to work the Saturday for the purposes of setting up special events in association with a holiday celebrated or 7 observed on the Saturday, or for other scheduled work deemed necessary to the City as determined by management, the employee shall be paid at the rate of one and one-half (1 )12) times the straight time rate of pay for hours worked. This language also applies to employees who would work a Saturday following a recognized holiday to set up for a recreational, sports or cultural event, or other work deemed necessary to the City as determined by management. Employees working in the Cemetery Division who are working a Saturday following a holiday for the purpose of a burial shall be paid at the rate of one and one-half (1 )12) times the straight time rate of pay for hours worked. Employees who are regularly scheduled to work Saturdays as a normal day of work (i.e., Thursday through Tuesday schedule or variation) shall receive straight time pay in this situation. Two (2) hours per day or routine setup maintenance at the Golf Course shall be paid at the rate of one and one-half (1 )12) times the straight time rate of pay on weekends following Holidays, except from April through October of each year when up to four (4) hours of routine set up maintenance shall be paid at the rate of one and one-half (1 )12) times the straight time rate of pay on weekends following Holidays. Other scheduled work at the Golf Course or Cemetery deemed necessary by the City, above and beyond the routine set up maintenance at the Golf Course and burials at the Cemetery shall also be paid at the rate of one and one-half (1 )12) times the straight time rate of pay on Saturdays following Holidays. Article X 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: 1 through 4 years continuous service 5 through 9 years of continuous service 10 through 14 years of continuous service 15 through 19 years of continuous service 20 years or more of continuous service 96 hours per year 120 hours per year 144 hours per year 160 hours per year 176 hours per year An employee who terminates employment during the initial ninety (90) days of employment shall not be entitled to annual vacation leave. Section 2. Part-time employees who are regularly employed for a period of more than eighty (80) hours a month for more than one hundred twenty (120) calendar days in a year shall be granted vacation leave credit on a pro-rata basis in proportion to hours worked. Section 3. Normally, vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. All accumulated vacation is available for use; however, annual vacation accumulation from the previous year has priority in scheduling. Vacation hours shall not normally be accumulative except where the department head determines that special circumstances exit justifying an extended vacation. Each employee may accumulate up to two (2) 8 years' of his/her vacation accrual. However, vacation time accrued in any month which exceeds two (2) years accrual will be lost if not used in the month eamed. Section 4. a. Vacation leave shall be scheduled at a time mutually agreed upon between the department head and the employee. b. Annual vacation leave scheduling shall begin in January each year and shall be completed by March 31st each year. c. Changes to vacation schedules or requests for a block of three (3) or more separate vacation days may be granted with five (5) working days notice, as long as the request is received within the first hour of the shift on the first day. For one (1) or two (2) vacation days, requests may be granted with two (2) working days notice. d. The number of employees who can be gone at one time and the days selected shall be determined after the Employer has considered the requests of the employee(s) and needs of the division. Section 5. Employees who have completed ninety (90) days or more of continuous service and are separated from employment in good standing shall be entitled to payment for vacation leave not taken that has accrued to day of separation. In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year and in the current year and not taken prior to the death of such employees. Article XI HEALTH AND WELFARE Section 1. For the duration of the contract, the City agrees to pay health care premiums for members of the bargaining unit and their dependents at the same rates it pays for unaffiliated employees as shown in Appendix B for one (1) of the following programs: Regence Blue Shield Plan "A" or Group Health Cooperative of Puget Sound The City agrees to pay 100% of the premiums for eligible employees and their dependents for the foilowing health care programs: Teamsters Vision Plan EXT Teamsters Dental Plan A The City agrees to pay 100% of the premiums for eligible employees for the following health care programs: Standard Insurance ($10,000) Short-term disability insurance through the Standard Insurance Company 9 Effective January 1, 2005 and for the duration of this contract, the cost of any increases in medical premiums will be split between the City and the Union members as follows: the City will pay two-thirds (2/3), and the Union member will pay one-third (1/3) of any increase in medical premium only. Section 1.1. A Labor Management Committee with equal representation from management and labor (with a maximum of four participants on each side, to include one representative for the Courthouse and Clerical bargaining unit) will meet beginning in October of 2005 to review other available medical plans, VEBA, cost containment and make recommendations to the City Administration. Any proposed changes in the medical plans as proposed by the Labor Management Committee must be approved by a vote of the members of the bargaining units. The City reserves the right to change the existing coverage or the insurance carrier, with the exception of the Teamster Dental and Vision plans. Section 2. Payments required under any of the foregoing provisions shall be made on or before the fifteenth (15th) day of the month and in the event the trusts are required to take legal action to collect any City contribution due under this Agreement, the City shall be liable for all necessary iegal and court costs. Section 3. The Union agrees that during the life of this Agreement it will not request any additional payments or benefits and the Union further agrees that the employees will pay any increase in Section 1, contribution rates if required by the trustees to maintain present benefits. Payment of this increase in premium will be accomplished by payroll deduction. This provision does not preclude the enactment or production of Section 1.1. Section 4. The City and the Union agree to be bound by the provisions of the Agreement and declaration of Northwest Administrators, Inc. and agree that the trustees of that trust shall act as trustees on their behalf. Article XII RETIREMENT Eligible employees shall be covered under the Public Employees' Retirement System. 10 Article XIII JURY DUTY Time off with regular pay will be granted for jury duty. In order to be eligible for regular pay, the employee must furnish a written statement from the appropriate public official showing the dates and time served. The employee must give the department head prompt notice of call for jury duty. Employees shall be required to report for work for any major portion (more than two (2) hours), of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled. If less than two (2) hours of a shift remains, the employees will contact their supervisor for direction. Article XIV SICK LEAVE Section 1. A uniform sick leave plan shall be granted to eligible employees. Sick leave credit shall accumulate on a calendar year basis at the rate of twelve (12) days sick leave per calendar year. During the first year of employment, eligible employees shall accrue such leave at the rate of one (1) day per month. Sick leave is accumulative to a maximum of one hundred twenty (120) days. Sick leave credit may be used for time off with pay for bona fide cases of incapacitating sickness or injury and for the period of disability resulting from pregnancy or childbirth. Abuse of sick leave shall be grounds for suspension or dismissal. Part-time employees shall not be eligible for sick leave. Regular employees working less than forty (40) but more than twenty (20) hours per week shall accrue sick leave proportionate to hours worked. Section 2. A verifying statement from the employee's physician may be requested by the City, at its option, whenever an employee claims sick leave for three (3) days or longer unless the City suspects sick leave abuse. Section 3. Employees incapacitated by illness or injury shall notify their immediate supervisor as close to scheduled starting time as possible that he/she is to report for duty. Failure to do so may result in loss of paid sick leave for that day. During periods of extended illness, employees shall keep their supervisors informed as to their progress and potential date of return to work. Section 4. In the event of injury or illness for which an employee receives Workers' Compensation, the employee shall submit to the City, time loss payments from the State, and the City will allow the employee to use all accrued paid time off banks, as necessary, to continue receiving pay during the period of disability. Section 5. An employee may use up to a twelve (12) work weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: In situations not covered by Family Medial Leave, as shown in Section 6, and upon approval of the department head, an employee shall be granted sick leave for illness in the immediate family that requires his/her presence. Immediate family shall be defined as only father, mother, spouse or children of the employee. II Section 6. An employee may use up to twelve (12) work weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: An employee who has worked for the City at least twelve (12) months, including at least 1250 hours in the last twelve (12) months, may be entitled to twelve (12) work weeks of paid/unpaid leave in any twelve (12) month period. (1) to care for a newborn or newly adopted child or newly placed foster child; (2) to care for a child, parent or spouse who has a serious or terminal health condition; or (3) to attend to a personal serious health condition. An employee must give the department head or his/her designee at least thirty (30) days written notice by completing a "Leave Request Form" in advance of the anticipated date of the leave is to begin: fourteen (14) days notice for a leave due to a child's terminal illness. If the employee is unable to give the required notice, notice must be given, in writing as soon as possible. While on Family and Medical Leave the employee must use all accrued but unused leave including sick leave, vacation, compensatory time and any other paid leave accrued prior to using unpaid leave. Use of the above paid leave will apply toward the twelve (12) work week entitlement, and is not in addition to the entitlement. Upon retum from the leave, the employee is entitled to return to the same position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newborn or newly adopted child or newly placed foster child: FMLA leave must be taken within twelve (12) months of the birth, adoption, or placement of a child. If both parents are employed by the City, together they are entitled to a total of twelve (12) work weeks of paid/unpaid leave under this paragraph. In the case of matemity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be assessed towards the twelve (12) work week period. Time loss due to disability prior to or following giving birth will be assessed towards the twelve (12) work week period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with department head or his/her designee's approval. Certification by a health care provider may be required. Care of a child, parent or spouse who has a serious or terminal condition, or to attend to a personal serious health condition: Certification and/or second or third opinions by a health care provider may be required for leave approval. Re-certification may be required every thirty (30) days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Section 7. Upon retirement or termination in good standing (not terminated for cause), the empioyee shall be reimbursed at current rate of pay for unused accrued sick leave up to a maximum of nine hundred sixty (960) hours in accordance with the following schedule based on continuous years of service: 12 Upon Completion Of Years of Service Percent of Accrued Unused Sick Leave o through 4 years 5 through 14 years 0% 25% 15 through 24 years 50% 25 years and over 100% Employees hired after January 1, 1993, shall not be eligible to receive any cash payment for accrued sick IElave at separation of employment for any reason. Section 8. When an employee has accumulated nine hundred sixty (960) hours, i.e., one hundred twenty (120) days of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours per month, i.e., one (1) day per month until the end of the calendar year at which time all sick leave accumulated by the employee in excess of nine hundred sixty (960) hours shall be paid at 25% of the employee's then hourly rate. Section 9. In order to provide an incentive for using sick leave only as necessary, members of the unit shall be entitled to bonus days off for non-use of sick leave during a calendar year. Employees who use no sick leave in a calendar year shall be entitled to two (2) bonus days off in the following year. Employees who use up to sixteen (16) hours sick leave in a calendar year shall be entitled to one (1) bonus day off. Use of bonus days shall not affect sick leave balances. Bonus days will be included in and used as vacation days. Article XV BEREAVEMENT LEAVE Upon approval of the department head, employees shall be allowed up to three (3) days leave, with pay for death in the immediate family. Should special circumstances exist, the employee may use up to three (3) days of sick leave in addition to the bereavement leave upon approval of the Department Head. If additional time is necessary, it shall be taken as vacation or unpaid leave if vacation has been exhausted. Immediate family shall include only father, father-in-law, mother, mother-in-law, spouse, grandparents, grandparents-in-Iaw, brother, brother-in-law, sister, sister-in-law or children of the employee. Article XVI EDUCATIONAL INCENTIVE Educational classes. Tuition reimbursement will be in accordance with the City's Tuition Reimbursement Policy #200-50. 13 Article XVII SAFETY SHOES New regular, full-time employees will be issued up to one hundred dollars ($100) for a new pair of safety boots upon hire. Article XVIII GRIEVANCE AND ARBITRATION PROCEDURE Section 1. For the purpose of this Agreement, the term "grievance" means any dispute between the City and the Union concerning the interpretation or application of this Agreement. Any alleged grievance shall be taken up by the employee with his/her supervisor/foreman within ten (10) working days of the occurrence. The above parties agree to make every effort to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply. Step 1. If the grievance is not adjusted to the satisfaction of the grievant within ten (10) working days from the time of the meeting between the employee and the supervisor/foreman, then the grievance may be presented to the division head or supervisor in units without a division head in writing setting forth the detailed facts concerning the nature of the grievance, the contractual provision alleged violated and relief sought. Upon receipt of the written grievance the division head/supervisor shall within ten (10) working days meet with the grievant and Union representative in an attempt to resolve the grievance. Within ten (10) working days after such meeting, the section head shall set forth his/her answer in writing with a copy to the employee and department head. Step 2. If the grievance is not resolved in Step 1, a meeting shall be held within ten (10) working days between the employee, Union representative and the department head. Within ten (10) working days after such meeting, the department head shall reply in writing to the grievance with a copy to the employee and Mayor. Step 3. If the grievance is not resolved as provided in Step 2, a meeting shall be held within ten (10) working days between the employee, Union representative and the Mayor. Within ten (10) working days after such meeting, the Mayor shall reply to the grievance. 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. Step 4. If the difference or complaint is not settled in Step 3, the grievance may be submitted to an arbitrator within thirty (30) calendar days after decision in Step 3 as hereinafter provided. The parties shall select a disinterested party to serve as arbitrator. The arbitrator shall render a . decision as promptly as possible or in any event within thirty (30) calendar days of case presentation. The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, detract from or alter in any way, the provisions of this Agreement. Any decision within the jurisdiction of the arbitrator shall be final and binding on the parties. The expenses and fees incumbent to the services of an arbitrator shall be equally shared by the City and the Union. 14 Article XIX SENIORITY Section 1. The term "seniority unit" as applied in this Article shall mean all jobs covered by this Agreement within a given department. Seniority units are as follows: Public Works Parks and Recreation Finance Planning and Community Development Section 1.1. The term "work unit" as applied in this Article shall mean all jobs covered by this Agreement within a given department, except the Public Works Department and Parks and Recreation Department where they are further defined as follows: Public Works: Street Water Storm Drainage Sanitary Sewer Equipment Rental Parks and Recreation: Parks Maintenance Cemetery Golf Finance Department Planning and Community Development Department An employee working continuously in a seniority unit for ninety (90) days shall establish seniority in such unit based on his/her most recent date of hire with the City. Section 2. An employee's seniority shall be canceled under any of the following circumstances: a. The employee resigns; b. The employee is discharged; c. The employee retires; d. The employee is laid off for a continuous period six (6) months or more; e. The employee fails to return to work subsequent to and in accordance with the terms of an approved leave of absence; f. The employee fails to return to work from layoff on the date specified by the City in a recall notice delivered to the employee or mailed to the employee's last known address 15 Section 3. Section 4. a. b. Section 5. a. on file with the City, providing such notice grants the employee seventy-two (72) hours advance notice to report. Each employee with seniority standing established pursuant to this Article shall hold seniority in only one (1) position, that being his/her regular job title in his/her regular department (seniority unit). Employees may be transferred subject to the following conditions: The City may transfer an employee to a different position at any time either temporarily or permanently. A temporary transfer shall be for a period of not more than ninety (90) calendar days. After ninety (90) days, such transfer shall be considered permanent unless agreement is reached between the City and Union to extend the transfer period. In the event of a permanent transfer, the employee's accrued seniority shall be transferred to the new seniority unit after ninety (90) calendar days. Until the ninety (90) days has passed, the employee's seniority remains with the previous position held. The City retains the right to determine the necessity for layoffs. In the event such determination is made: In the event of a reduction of the number of positions in the employee's work unit, employee(s) in the jOb title(s) being eliminated shall be given a minimum of thirty (30) calendar days advance written notice (this advance notice applies only to the original job title(s) being eliminated). b. Employee(s) with the least seniority within the work unit and holding the job title identified for elimination shall be laid off first. However, that person designated for layoff may "bump" to a position held by an ernployee of equivalent job title with the least seniority within the seniority unit, for which the employee doing the "bumping" is fully qualified and competent to perform the work of the acquired position. c. If the employee is unable or unwilling to "bump" for a position within the same job title, then the employee may "bump" to a position within a seniority unit held by an employee with the least seniority in the next lower job title, for which the employee doing the "bumping" is fully qualified and competent to perform work of the acquired position. This same procedure will continue until no further "bumping" can take place. In no case shall a bump result in a promotion. d. To accomplish any "bumping", such employee(s) shall notify the City in writing (e-mail is appropriate) of his/her intent to "bump", within three (3) working days following the date in which he/she is notified of layoff. This notification shall include the job title for which he/she wishes to "bump". If notification of "intent to bump" is not received within three (3) working days, the employee loses his/her right to "bump". If bumped, the less senior employee immediately will be notified by the City and follow the same procedure in Sections 5b, 5c, 5d, and 5e. e. f. Any "bumped" employee will be given a minimum of two (2) calendar weeks notification that he/she is being bumped. 16 g. If the "bumping" employee fills the position, he/she will be assigned at the grade level of the acquired position, at the same step he/she holds on the effective date of the new assignment. The employee will be scheduled to receive his/her next step increase, as he/she would have prior to the "bumping" process. Section 6. An employee who is laid off and who is unable or unwilling to qualify for transfer shall be recalled for work in his/her last seniority unit prior to the recall of any employee who possesses lower seniority, provided the employee with the most seniority is fully qualified and competent to perform the work of the acquired position of his/her last position, if it is available, prior to recall or transfer of another employee with less seniority. Section 7. Job Vacancies: Regular position vacancies within the bargaining unit shall be posted and open to all members of the bargaining unit. Job vacancies shall be opened for a minimum of three (3) days. Qualified regular employees meeting the minimum qualifications, as determined by the City, may apply for a vacancy and will be allowed to compete in the process. If no in-house candidate is selected as determined by the City through the interview process, the City may thereafter post the vacancy to outside applicants, as it deems appropriate. In such cases, employees who applied through the in-house process shall be allowed to compete in the process. Where qualifications, skills, and abilities of the finalists are relatively equal, as reasonably determined by the City, preference shall be given to the bargaining unit employees. Section 8. An employee with an injury or illness obtained either on or off the job will have six (6) months from the date of injury or illness to return to his/her vacated position. This provision does not eliminate any vacation or sick leave benefit so earned which may carry the employee beyond the six (6) months. Article XX MANAGEMENT RIGHTS Subject only to the limitations expressly stated in this Agreement, the Union recognizes that the City retains the exclusive right to manage its business including but not limited to the right to determine the methods and means by which its operations are to be carried on, to direct the work force and to conduct its operation in a safe and effective manner. Article XXI WORK STOPPAGES Section 1. The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide or other interference with City functions by employees under this Agreement and should same occur, the Union agrees to take appropriate steps to end such 17 interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 2. Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately, in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. Section 3. Regardless of any penalty to which the Union is subject under this section, any employee who commits any act prohibited in this Article will be subject to discharge or other penalty, as the City deems appropriate. Article XXII BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of non-controversial nature relating to Union business. Article XXIII SAVINGS CLAUSE If any Article of this Agreement or any addendum's thereto should be heid invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. Article XXIV AMENDMENTS TO THE AGREEMENT Section 1. The Employer and the Union may mutually agree to amend this Agreement. Section 2. Attachments, amendments, appendices, letters of understanding, and/or memoranda of understanding may be attached to, and shall be incorporated into the Agreement by this reference. Article XXV ENTIRE AGREEMENT This 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. 18 Article XXVI MAINTENANCE OF BENEFITS The City agrees to furnish either coveralls or uniforms to those employees now receiving such benefit. Employees working in the Sewer Department and as mechanics will be furnished coveralls and uniforms. Article XXVII LABOR MANAGEMENT COMMITTEE The City and the Union agree that a need exists for closer cooperation between labor and management, and that from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration. To accomplish this end, the City and Union agree that not more than three (3) authorized representatives of the Union and three (3) representatives of the Employer shall function as the Labor Management Committee. The parties agree to allow expanded participation in Labor Management Committee discussions, when necessary, by mutual agreement. The Union Business Representative and the City Human Resource Director stand as guest to any meeting it is necessary that they attend. The Committee shall meet as requested by either party, and as is mutually agreeable, for the purpose of discussing and facilitating the resolution of all problems that may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. It is understood and agreed that the purpose of the committee does not include the hearing of formal grievances brought under the grievance provisions of this Agreement. Article XXVIII TERMS OF AGREEMENT Section 1. This Agreement shall be in effect from January 1, 2005 to and including December 31, 2007 provided there shall be no retroactive application of any of the provisions of this Agreement. Signed this 15f1.1 day of ,flp~""'&ev , 2005, at Auburn, Washington. City of Auburn Teamsters Union Local No. 117 Outside Unit B'W Peter B. Lewis, Mayor ----- f{J~ :::::=J . 19 , / /) . By: ~~~~f{~i~e~~,t::~~n1:~~r; Director By: A)~ lJo~~ c1ly Clerk Approved As To Form: \~1(f) By: City Attorney '- 20 APPENDIX A OUTSIDE WORKERS COMPENSATION PLAN 2005 2005 - T20 & T24 2.25% COLA plus 25% Mkt Adj for a total incr of 2.5%; all other classes total incr of 2.25% CDL equal to 2% premium PAY GRADE 20 - METER READER 1 2 3 4 5 6 (T20) 2005 $16.06 $1,391.99 $2,783.98 $33,407.76 $17.77 $1,539.87 $3,079.74 $36,956.88 $18.16 $1,573.91 $3,147.82 $37,773.84 $18.72 $1,622.05 $3,244.10 $38,929.20 $19.19 $1,663.09 $3,326.18 $39,914.16 $19.66 $1,704.20 $3,408.40 $40,900.80 PAY GRADE 21 - MAINTENANCE WORKER I 1 2 3 4 5 6 (T21) 2005 $17.44 $19.29 $19.71 $20.32 $20.83 $21.35 $1,511.15 $1,671.68 $1,708.63 $1,760.87 $1,805.46 $1,850.05 $3,022.30 $3,343.36 $3,417.26 $3,521.74 $3,610.92 $3,700.10 $33,760.21 $37,346.59 $38,172.22 $39,339.40 $40,335.44 $41.331.72 PAY GRADE 21A - MAINTENANCE WORKER I 1 2 3 4 5 6 (T21 & CDL) 2005 $17.79 $19.57 $20.11 $20.72 $21.25 $21.77 $1,541.37 $1,705.11 $1,742.80 $1,796.09 $1,841.57 $1,887.05 $3,082.74 $3,410.22 $3,485.60 $3,592.18 $3,683.14 $3,774.10 $34,435.42 $38,093.52 $38,935.67 $40,126.19 $41,142.15 $42,15836 PAY GRADE 22 - MAINTENANCE WORKER II 1 2 3 4 5 6 (T22) 2005 $20.32 $20.83 $21.35 $22.01 $22.69 $23.40 $1,760.87 $1,805.46 $1,850.05 $1,907.70 $1,966.83 $2,027.80 $3,521.74 $3,610.92 $3,700.10 $3,815.40 $3,933.66 $4,055.60 $39,339.40 $40,335.44 $41,331.72 $42,619.54 $43,940.75 $45,302.91 21 PAY GRADE 22A - MAINTENANCE WORKER II 1 2 3 4 5 6 (T22 & CDL) 2005 $20.72 $21.25 $21.77 $22.45 $23.15 $23.87 $1,796.09 $1,841.57 $1,887.05 $1,945.85 $2,006.17 $2,068.36 $3,592.18 $3,683.14 $3,774.10 $3.891.70 $4,012.34 $4.136.72 $43,106.16 $44,197.68 $45,289.20 $46,700.40 $48,148.08 $49,640.64 PAY GRADE 23 1 2 3 4 5 6 (T23) 2005 $21.35 $21.92 $22.49 $23.11 $23.77 $24.45 $1,850.05 $1,899.74 $1,949.44 $2,002.97 $2,060.30 $2,11936 $3,700.10 $3,799.48 $3,898.88 $4,005.94 $4,120.60 $4,238.72 $44,401.20 $45,593.76 $46,786.56 $48,071.28 $49,447.20 $50,864.64 PAY GRADE 24 - BUILDING TECHNICIANS 1 2 3 4 5 (T24) 2005 $20.83 $22.48 $24.12 $25.77 $27.41 $1,804.90 $1,947.92 $2,090.47 $2,233.02 $2,375.13 $3,609.80 $3,895.84 $4,180.94 $4,466.04 $4,750.26 $43,317.60 $46,750.08 $50,171.28 $53,592.48 $57,003.12 2006 Pav Plan: All classifications receive a 2.5% increase to the 2005 pay schedule. 2007 Pav Plan: All classifications receive a 2.75% increase to the 2006 pay schedule. 22 APPENDIX B CITY OF AUBURN Teamsters Outside Unit 2005 MEDICAL PREMIUM RATES 2004 Employee Employee $ 2005 Employee 2004 City City $ City 2005 Premium Increase Premium Premium Increase Premium Em 10 ee $99.73 $7.36 $107.09 $271.37 $14.94 $286.31 Employee + Souse $196.89 $14.45 $211.34 $531.51 $29.35 $560.86 Employee, Spouse + 1 De endent $240.89 $17.68 $258.57 $650.16 $35.92 $686.08 Employee, Spouse + 2 De endents $280.52 $20.53 $301.05 $754.63 $41.72 $796.35 Employee + 1 De en dent $143.73 $10.59 $154.32 $390.02 $21.51 $411.53 Employee + 2 De endents $183.36 $13.44 $196.80 $494.49 $27.31 $521.80 Em 10 ee Employee + Souse Employee, Spouse + 1 De endent Employee, Spouse + 2 De endents Employee + 1 De en dent 2004 Employee Employee $ 2005 Employee Premium Increase Premium $83.05 $3.37 $86.42 2004 City City $ Premium Increase $259.21 $6.56 City 2005 Premium $265.77 $169.80 $6.65 $176.45 $505.37 $13.21 $518.58 $220.26 $8.30 $228.56 $624.36 $16.59 $640.95 $277 .71 $9.96 $287.67 $736.36 $19.96 $756.32 $133.51 $5.02 $138.53 $378.20 $9.94 $388.14 Employee + 2 De endents $190.96 $6.68 $197.64 $490.20 $13.31 $503.51 23 MEMORANDUM OF UNDERSTANDING By and between City of Auburn and Teamsters Union Local No. 117 Outside Unit City of Auburn Standby Duty 1. The purpose of Standby Duty is to be available during off-duty hours to receive service requests concerning problems; to investigate the nature and seriousness of the problem either by telephone or by on-site inspection; to correct minor problems causing a hazard, damage or potential damage, or significant inconveniences to the public; to call out appropriate crews when necessary; to direct the crew to the site; to perform work as a crew member if callback should occur, and to keep appropriate records. 2. Qualified bargaining unit employees who volunteer for standby duty shall be added to the weekly assignment rotation list for Standby Duty. If such volunteers are unable to fill the need for Standby Duty as determined by management, the City may assign mandatory standby and place qualified employees on Standby Duty on a rotational basis. 3. Any employee who wishes to be removed from volunteer Standby Duty shall give two (2) weeks notice. 4. Mandatory standby will be utilized in the Water, Storm, Sewer and Street Divisions. Other areas may be added based upon operational need. 5. Employees not meeting the qualifications for mandatory standby within their division will be given the opportunity for cross-training upon written request to their division supervisor. Arrangements for cross-training will be completed as timely as possible based on operational . considerations. 6. A schedule for mandatory standby will be posted as soon as practically possible but not less than one week in advance unless there is an unforeseen emergency based on operational need. 7. Employees on mandatory standby must be able to be on-site within 45 minutes of receiving a callout. For this purpose, employees may be issued a pager and/or cell telephone and are responsible for responding if called out. 8. Employees may request to trade standby duty through written request of their supervisor not less than twenty-four hours in advance. It is the responsibility of the employee to arrange the trade with another employee; however, if there is an emergency situation the supervisor may intervene and attempt to find a trade. If no trade is available and the supervisor considers the relief of the employee to be an emergency, the supervisor may assign the mandatory standby duty to another employee. Employees may request trade of standby duty less than twenty-four hours in advance but there is no guarantee of approval. 9. The parties from time to time may change these procedures. 24