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Home My WebLink About3882 RESOLUTION NO.3 8 8 2 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 117, COURTHOUSE CLERICAL AND CUSTODIAN BARGAINING UNIT, FOR 2005-2007 WHEREAS, this Agreement is between the City of Auburn and the Teamsters Union local 117, Courthouse Clerical and Custodian Bargaining 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 117, Courthouse Clerical and Custodian Bargaining Unit, as the collective bargaining representative; and WHEREAS, the City of Auburn recognizes the Teamsters Union Local 117, Courthouse Clerical and Custodian Bargaining Unit, as the exclusive bargaining representative of all employees designated as Teamsters Union Local 117, Courthouse Clerical and Custodian Bargaining Unit; and WHEREAS, after review and approval of the Collective Bargaining Agreement by the City of Auburn and the Teamsters Union local 117, Courthouse Clerical and Custodian Bargaining Unit. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOllOWS: Resolution No. 3882 July 27, 2005 Page 1 Section 1. Purpose. The City Council hereby authorizes the execution of the Collective Bargaining Agreement by and between the City of Auburn and the Teamsters Union Local 117, Courthouse Clerical and Custodian Bargaining 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 \$:\- day of August, 2005. CITY OF AUBURN ~~ PE ~EWIS MAYOR <----'"" ATTEST: ~tfJ~~OPt Danielle E. Daskam, City Clerk Resolution No. 3882 July 27,2005 Page 2 Daniel B. Hei , City Attorney Resolution No. 3882 July 27, 2005 Page 3 . AGREEMENT BY AND BETWEEN CITY OF AUBURN AND TEAMSTERS UNION LOCAL No. 117 Courthouse Clerical and Custodian Bargaining Unit January 1, 2005 - December 31, 2007 TABLE OF CONTENTS ARTICLE I - RECOGNITION AND BARGAINING UNIT ....................................1 ARTICLE II - UNION MEMBERSHIP AND DUES DEDUCTION .......................1 ARTICLE III - UNION ACTIVITIES .................................................................... 2 ARTICLE IV - NONDISCRIMINATION ..............................................................3 ARTICLE V - HOURS OF WORK ......................................................................3 ARTICLE VI - PROBATIONARY PERIODS .......................................................4 ARTICLE VII - CLASSIFICATIONS AND RATES OF PAY ................................4 ARTICLE VIII - WORKING OUT OF CLASSIFICATION ...................................4 ARTICLE IX - HOLIDAYS ..................................................................................5 ARTICLE X - VACATIONS ................................................................................5 ARTICLE XI - HEALTH AND WELFARE ...........................................................6 ARTICLE XII- RETIREMENT............................................................................. 7 ARTICLE XIII - JURY DUTY ..............................................................................7 ARTICLE XIV - SICK LEAVE AND EMERGENCY LEAVE ................................8 ARTICLE XV - BEREAVEMENT LEAVE ...........................................................10 ARTICLE XVI - GRIEVANCE AND ARBITRATION PROCEDURE ................... 11 ARTICLE XVII - SENIORITY .............................................................................12 ARTICLE XVIII - MANAGEMENT RIGHTS .......................................................13 ARTICLE XIXI- WORK STOPPAGES ..............................................................13 ARTICLE XX - BULLETIN BOARDS .................................................................14 ARTICLE XXI - SAVINGS CLAUSE .................................................................. 14 ARTICLE XXII - AMENDMENTS TO THE AGREEMENT .................................. 14 ARTICLE XXIII - ENTIRE AGREEMENT ...........................................................14 ARTICLE XXIV - TERM OF AGREEMENT .......................................................15 ARTICLE XXV - UNIFORM AND SAFETY EQUIPMENT ..................................15 SIGNATURE PAGE ...........................................................................................15 APPENDIX A - RATE OF PAY ..........................................................................16 APPENDIX B - MEDICAL PREMIUMS .............................................................17 . Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 Article I RECOGNITION AND BARGAINING UNIT The City hereby recognizes the Union as the sole exclusive collective bargaining representative of all full-time Courthouse Clerical and Custodian employees classified in Appendix "A". All temporary and part-time employees, supervisors, confidential, professional, employees and employees engaged in training and instruction for management positions shall be excluded from the bargaining unit. Temporary and part time employees excluded from the contract are those who work less than four (4) continuous months in a calendar year or less than eighty (80) hours in a calendar month. 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 employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the Union under this provision shall be used for support of political purposes in Auburn. Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 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 normal work processes and provided prior notice is given 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 premises 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 performance of his/her duties provided that: a) the picket line has been approved by Teamsters Local Union No. 117 and, b) employees shall be required to serve a customer that is not the object of the picketing. The employees 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 may 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/herself 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 seven (7) calendar days of the date of discharge if the employee considers the discharge was not for just cause. If the dispute is not resolved between the parties within ten (10) calendar 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. 2 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 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 any non-job-related physical, sensory or mental disability. 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. Section 2. All time worked in excess of eight (8) hours in anyone day (unless a Flex time schedule is in effect) or forty (40) in anyone workweek shall be considered overtime and shall be paid for at the rate of one and one-half (1 1/2) times the straight- time rate of pay. 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. This provision applies only when such call back results in hours worked which are not annexed consecutively . to one end or the other of the working day. Section 4. All employees shall have a regular starting and a regular quitting time and any work performed immediately preceding the regular starting time or immediately following the regular quitting time shall be considered overtime. An employee's regular starting time and regular quitting time shall be the same each day of the workweek, unless a Flex time program is in effect. Under a Flex time program, the City retains the right, in the event of an absence, to move employees from one shift to the other without prior notification. Section 5. Payment for authorized overtime hours worked shall be paid or compensatory time earned at the employee's option. The option shall be exercised at the time the overtime work is earned. The decision cannot be changed once it is made. Compensatory time shall be earned and accumulated at the rate of one and one-half (1 Y2) hours for each overtime hour worked; provided that the maximum allowable . accrued shall be eighty (80) hours of compensation. 3 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 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 XVI of this Agreement. It is understood that in the case of existing employees who apply for and are hired for a new position and do not meet the terms of probation the employee will be returned to his/her former position or one of comparable status within provisions of this contract. Article VII CLASSIFICATIONS AND RATES OF PAY Section 1. Employees covered by this Agreement shall be compensated in accordance with Appendix A. Section 2. Paydays for employees covered by this Agreement shall be on the 8th and 23'd of each month. Article VIII WORKING OUT OF CLASSIFICATION Whenever an employee is assigned by proper authority to perform the major skills and scope of a higher paid classification in the bargaining unit for a period of more than six (6) consecutive hours before returning to his/her regular classification, such employee shall be paid for the full period at the next highest pay rate in the pay scale, provided the employee meets minimum qualifications for the position and performs at the same level of proficiency. Proper authority shall be a supervisory employee designated by the . department head. 4 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 Article IX HOLIDAYS . Section 1. The following holidays shall be paid holidays for all employees covered by this Agreement: New Years Day Martin Luther 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. Request to take a Floating Holiday shall be made by the employee, who shall . have the responsibility to notify the department head or designee fifteen (15) days prior to the date requested by the employee. 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. 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 to completion of 4 years of continuous service 5 to completion of 9 years of continuous service 10 to completion of 14 years of continuous service 15 to completion of 19 years of continuous service 20 years or more 12 working days per year 15 working days per year 18 working days per year 20 working days per year 22 working days per year An employee who terminates employment during the initial ninety (90) days of employment shall not be entitled to annual vacation leave. 5 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 Section 2. Normally, vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. Employees may . accumulate up to two (2) years of vacation accrual. Vacation accrual beyond two (2) years will be automatically lost if not used within the month it is earned. Selection of vacation leave will be based on seniority if selection is made by March 1 st of each calendar year. The supervisor will provide the vacation scheduled under this Section no later than March 15th of each calendar year. Vacation leave requests submitted after March 1 st will be approved on a first-come, first served basis. The supervisor shall notify the employee within two (2) weeks of receiving the request. Section 3. Vacation leave shall be scheduled at a time mutually agreed upon between the department head and the employee. However, vacation leave shall not be approved until the employee has accrued enough time to cover the entire period requested. If operational necessities require the supervisor to cancel previously approved vacation leave, the supervisor will provide the employee as much advanced notice as possible. Section 4. 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 as salary due to the decedent for any vacation leave earned in the preceding year and the current year that was not taken prior to the death of the employee. Article XI HEALTH AND WELFARE Section 1. Effective January 1, 2005, through 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 following health care programs: Teamsters Vision Plan EXT Teamsters Dental Plan A Standard Insurance Short Term Disability Standard Life Insurance ($10,000 Death Benefit) 6 Courthouse Clericai and Custodian Bargaining Unit 2005 - 2007 The City will continue the short-term disability program with the same provisions as . provided for unaffiliated employees. The City reserves the right to change the existing coverage or the insurance carrier. Effective January 1, 2005, through the duration of the 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 2. A Labor Management Committee with equal representation from management and labor (with a maximum of four (4) participants on each side, to include one (1) 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. Article XII RETIREMENT Eligible employees shall be covered by the Public Employees' Retirement System. Article XIII JURY DUTY Time off with regular pay will be granted for jury duty. Pay for jury duty shall be returned to the Employer. 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 to 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 employee will contact their supervisor for direction. 7 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 Article XIV SICK LEAVE AND EMERGENCY LEAVE Section 1. A uniform sick leave plan shall be granted to eligible employees. Sick leave credit shall accumulate at the rate of eight (8) hours sick leave per month. Sick leave is accumulative to a maximum of nine hundred sixty (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 or childbirth. Abuse of sick leave shall be grounds for suspension or dismissal. Part-time or temporary employees shall not be eligible for sick leave. 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 they cannot 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 supervisor 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 Worker's Compensation, the employee shall submit to the City, time loss payments from the 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. Upon approval of the department head, an employee shall be granted up to three (3) days of sick leave for illness in the immediate family 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 be defined as father, mother, spouse or children of the employee. . Section 6. Upon retirement or termination in good standing, unused accrued sick leave to a maximum of nine hundred sixty (960) hours shall be reimbursed in accordance with the following schedule based on continuous years of service. Employees hired after 1/1/93 shall not be eligible to receive any cash payment for accrued sick leave at separation of employment for any reason. Upon Completion of Years of Service o - 4 years 5 - 14 years 15 - 24 years 25 years and over Percent of Accrued Unused Sick Leave 0% 25% 50% 100% 8 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 . Section 7. When an employee has accumulated nine hundred sixty (960) hours, (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 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 rate. Section 8. 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 9. An employee may use up to twelve (12) work weeks of leave in any twelve (12) month period, 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 for the purposes of: (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 their Department Head or his designee at least thirty (30) days written notice by completing a "Leave Request Form" in advance of the anticipated date 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 paid 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 return from the leave, the employee is entitled to return to the same position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newborn or newly adopted child or newly placed foster child: FMLA leave must be taken within (12) twelve months of the birth, adoption, or placement of a child. 9 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 If both parents are employed by the City, together they are entitled to a total of twelve (12) work weeks of paid/unpaid leave under this paragraph. In the case of maternity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be assessed towards the twelve (12) work week period. Time loss due to disability prior to or following giving birth will be assessed towards the twelve (12) work week period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with Department Director'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 10. If an employee is not covered by the provisions of the FMLA, he/she shall be granted appropriate leave in accordance with the Washington State Family Care Act and/or Washington Pregnancy Disability regulations, as verified by the attending physician for a disability caused by or contributed to by the pregnancy. Article XV BEREAVEMENT LEAVE . Section 1. Upon approval of the Department Head, employees shall be allowed up to three (3) days leave, with pay, for a 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. Section 2. Immediate family shall include any of the following: father, father-in-law, mother, mother-in-law, spouse, grandparents, grandparents-in-Iaw, brother, brother-in- law, sister, sister-in-law, children of the employee. 10 Courthouse Clerical and Custodian Bargaining Unit . 2005 - 2007 Article XVI 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 five (5) 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 division head/supervisor 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 bet1ll/een 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. Step 4. If the grievance is not resolved as provided in Step 3, the grievance may be submitted to an arbitrator within thirty (30) calendar days after the decision in Step 3as 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) working 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. 11 . Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 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. Article XVII SENIORITY Section 1. The term "seniority unit" as applied in this Article shall mean all jobs covered by this Agreement within a given department and having the same job title. An employee working continuously in a seniority unit for ninety (90) calendar 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 of 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 a 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 on file with the City, providing such notice grants the employee seventy-two (72) hours advance notice to report. . Section 3. Each employee with seniority established pursuant to this Article shall hold seniority in only one (1) position, that position being his/her regular job title in his/her regular department (seniority unit). In the event of a reduction of the number of positions in the employee's seniority unit, he/she shall be laid off in the reverse order of seniority, i.e., the employee with the least seniority shall be first to be laid off. Section 4. 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 which such transfer shall be considered permanent. In the event of a permanent transfer, the employee's accrued seniority shall be transferred to the new seniority unit. Section 5. An employee with established seniority who is laid off from a seniority unit may cause transfer of his/her seniority to another seniority unit within the bargaining unit and in which he/she has worked for ninety (90) days or more. To accomplish this, such employee must be fully competent to perform the work in such seniority unit and . must notify the City within three (3) calendar days following the date in which he/she is notified of a layoff. Under this circumstance, he/she shall be considered for layoff only 12 . Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 in accordance with his/her seniority standing in the unit to which his/her seniority has been transferred. Section 6. An employee who is laid off and who is unable or unwilling to qualify for transfer to another seniority unit shall be recalled for work in his/her last seniority unit prior to the addition of any employee to such unit who possesses lower seniority standing. Section 7. Regular position vacancies within the bargaining unit shall be posted and open a minimum of three (3) working days in advance of outside recruitment to all members of the bargaining unit. Qualified regular employees meeting the minimum qualifications as determined by the City may apply for a vacancy and shall be allowed to interview. 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. Article XVIII 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 operations in a safe and effective manner. Article XIX 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 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 13 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 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 XX BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting _ of notices of a non-controversial nature relating to Union business. Article XXI 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 this 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 XXII AMENDMENTS TO THE AGREEMENT Section 1. The Employer and the Union may mutually agree to amend this Agreement. Section 2. Attachments, amendments, appendicies, letters of understanding, and/or memoranda of understanding may be attached to, and shall be incorporated into, the Agreement by this reference. Article XXIII 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. 14 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 Article XXIV TERM OF AGREEMENT This Agreement shall be in effect from January 1, 2005, to and including December 31, 2007. Article XXV UNIFORM AND SAFETY EQUIPMENT . The City agrees to furnish uniforms and related necessary safety equipment for the employees in the positions of Custodian. Signed this /Sf'" day of :5eptewlJer 2005, at Auburn, Washington. City of Auburn Teamsters Local Union No. 117 , '----"" By: Mayor BV/J.juJt< ~;Mtm~ Br Heineman, irector Human Resources By: ;{)!ltddIf AO()d.u~ ~ , City Clerk Approved AsTo Forll}:~-, .'.- / \ i \~., , ..' / "'< By'. )~_//~'i./" -'/>.;;.<// ~>' / '~/~__" ~/ City Attoffiey -'-'-- 15 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 COURTHOUSE CLERICAL & CUSTODIAN 2005 Appendix A Custodians - 2.5% increase; Court Clerks 2.25% increase POSITION STEP 1 2 3 4 5 6 GRADE ,1 - (CC1) 2005 $14.21 $14.73 $15.24 $15.75 $16.28 $16.75 CUSTODIAN $1,231.45 $1,276.29 $1,321.15 $1,364.63 $1,410.85 $1,451.63 $2,462.90 $2,552.58 $2,642.30 $2,729.26 $2,821.70 $2,903.26 $29,554.80 $30,630.96 $31,707.60 $32,751.12 $33,860.40 $34,839.12 GRADE 2 . (CC2) 2005 $15.30 $16.26 $16.82 $17.36 $17.96 $18.58 COURT CLERK I $1,326.27 $1,409.02 $1,457.45 $1,504.65 $1,556.71 $1,609.97 $2,652.54 $2,818.04 $2,914.90 $3,009.30 $3,113.42 $3,219.94 $31,830.48 $33,816.48 $34,978.80 $36,111.60 $37,361.04 $38,639.28 GRADE 3 - (CC3) 2005 $17.34 $17.94 $18.78 $19.42 $20.04 $20.67 COURT CLERK II $1,502.99 $1,554.65 $1,627.87 $1,682.87 $1,736.62 $1,791.62 $3,005.98 $3,109.30 $3,255.74 $3,365.74 $3,473.24 $3,583.24 $36,071.76 $37,311.60 $39,068.88 $40,388.88 $41,678.88 $42,998.88 GRADE 4 -(CC4) 2005 $19.60 $20.27 $21.22 $21.94 $22.64 $23.36 COURT CLERK LEAD $1,698.38 $1,756.75 $1,839.49 $1,901.64 $1,962.38 $2,024.53 $3,396.76 $3,513.51 $3,678.99 $3,803.29 $3,924.76 $4,049.06 $40,761.09 $42,162.11 $44,147.83 $45,639.43 $47,097.13 $48,588.73 2006 Pay 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. 16 Courthouse Clerical and Custodian Bargaining Unit 2005 - 2007 APPENDIX B CITY OF AUBURN Courthouse Clerical and Custodian 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 endent $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 2004 Employee Employee $ 2005 Employee 2004 City City $ City 2005 Premium Increase Premium Premium Increase Premium Em 10 ee $83.05 $3.37 $86.42 $259.21 $6.56 $265.77 Employee + Souse $169.80 $6.65 $176.45 $505.37 $13.21 $518.58 Employee, Spouse + 1 De endenl $220.26 $8.30 $228.56 $624.36 $16.59 $640.95 Employee, Spouse + 2 De endents $277.71 $9.96 $287.67 $736.36 $19.96 $756.32 Employee + 1 De endent $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 17