HomeMy WebLinkAbout4242RESOLUTION N0.4 2 4 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 2008-2010
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. 4242
September 25, 2007
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 2008 - 2010 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 October, 2007.
.Y OF BJ.~
,--__
_ _ __-
PETER B. LEWIS
MAYOR
ATTEST:
~~~ ~~~
and le E. Daskam
City Clerk
Resolution No. 4242
September 25, 2007
Page 2
APPRf~V/ED Ads TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4242
September 25, 2007
Page 3
~~ ~z~'~
AGREEMENT
BY AND BETWEEN
CITY OF AUBURN
AND
TEAMSTERS UNION LOCAL No. 117
Courthouse Clerical and Custodian Bargaining Unit
January 1, 2008 -December 31, 2010
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 .............................................................. 2
ARTICLE V -HOURS OF WORK ...................................................................... 3
ARTICLE VI -PROBATIONARY PERIODS ....................................................... 3
ARTICLE VII -CLASSIFICATIONS AND RATES OF PAY ................................ 4
ARTICLE VIII -WORKING OUT OF CLASSIFICATION ................................... 4
ARTICLE IX -HOLIDAYS .................................................................................. 4
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 ..:............................. 7
ARTICLE XV -BEREAVEMENT LEAVE ........................................................... 10
ARTICLE XVI -GRIEVANCE AND ARBITRATION PROCEDURE ................... 10
ARTICLE XVII -SENIORITY ............................................................................. 11
ARTICLE XVIII -MANAGEMENT RIGHTS ....................................................... 13
ARTICLE XIX -WORK STOPPAGES ............................................................... 13
ARTICLE XX -BULLETIN BOARDS ................................................................. 13
ARTICLE XXI -SAVINGS CLAUSE .................................................................. 14
ARTICLE XXII -AMENDMENTS TO THE AGREEMENT .................................. 14
ARTICLE XXIII -ENTIRE AGREEMENT ........................................................... 14
ARTICLE XXIV -UNIFORM AND SAFETY EQUIPMENT ................................ 14
ARTICLE XXV -TERM OF AGREEMENT ........................................................ 14
SIGNATURE PAGE ........................................................................................... 15
APPENDIX A -RATE OF PAY .......................................................................... 16
MEMORANDUM OF AGREEMENT - HRA/VEBA ............................................ 17
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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.
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2008 - 2010
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.
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.
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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 any one day (unless a Flex
time schedule is in effect) or forty (40) in any one 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. Callback. Employees called back to work shall receive a minimum of two
and one-half (2 '/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'/2) hours for each overtime hour worked; provided that the maximum allowable
accrual 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 XVI of this Agreement.
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
Section 2. Employees who apply for and are hired for a new position and do not meet
the terms of probation will be returned to their former position or one of comparable
status and pay, in accordance with the provisions of the Agreement.
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 8t" and
23~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~perforrris at the same
level of proficiency. Proper authority shall be a supervisory employee designated by the
department head.
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 any one 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.
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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 and one-half (2'/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 12 working days per year
5 to completion of 9 years of continuous service 15 working days per year
10 to completion of 14 years of continuous service 18 working days per year
15 to completion of 19 years of continuous service 20 working .days per year
20 years or more ~ . 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.
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 1st 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 1st 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.
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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. For the duration of this Agreement the employees will elect medical
coverage from either Regence Blue Shield Preferred Provider Plan (PPO) or Group
Health Cooperative Plan of Puget Sound.
Section 1.1. Employees electing coverage under the PPO Plan will pay a premium cost
share of $50.00 per month, regardless of family size. The City will pay the remainder of
the premium. For employees who select Group Health Cooperative, the City will pay
the same premium cost share it pays toward the PPO, with an equivalent family size.
The employee will pay the remainder.
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
The City agrees to pay 100% of the premiums for eligible employees for the following
health care programs:
Standard Insurance ($10,000 death benefit)
Short-term disability insurance through the Standard Insurance Company
The City will continue the short-term disability program with the same provisions as
provided for unaffiliated employees.
The City and the Union further agree that the above medical plan coverage options and
the premium cost sharing stated above will remain in effect through December 31,
2010. In the event that the provider of the medical plan (The Association of
Washington Cities Employee Benefit Trust) discontinues to offer the plan(s) or
materially alters the plan(s), the City and the Union shall enter into immediate
negotiations for the purpose of arriving at a mutually satisfactory replacement medical
plan(s).
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
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
take legal action to collect any City contribution due under this Agreement, the City shall
be liable for all necessary legal and court costs.
Section 3. HRA/VEBA Medical Retirement Plan. The provisions of the HRA/VEBA
Medical Plan shall be governed in accordance with the attached Memorandum of
Agreement. Effective January 1, 2008, the City will increase its contribution by one-half
of one percent (.5%) for a total City contribution of one and one-half percent (1.5%) of
the employee's semi-monthly base salary. Effective January 1, 2009, the City will
increase its 2008 contribution by one-half of one percent (.5%) for a total City
contribution of two percent (2.0%) of the employee's semi-monthly base salary.
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 for the Teamsters Vision and
Dental plans.
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.
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
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
be grounds for suspension or dismissal. Regular part-time employees shall be eligible
for sick leave on a prorata basis, in accordance with City policy. 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 be permitted to use accrued sick leave to
supplement any time loss payment proportionately to make up any difference between
the amount of the time loss check and the employee's regular semi-monthly pay check
(keeping the employee "whole"). If the total amount of sick leave payments plus time
loss payments exceeds the employee's regular semi-monthly wage, the employee shall
be required to "buy back" his/her used sick leave by submitting to the City time loss
payments from the State.
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. 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 7. 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 8. 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 and Medical Leave
Act (FMLA) as follows:
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
An employee who has worked for the City at least twelve (12) months, including at least
one thousand two hundred fifty (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 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 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
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
required every thirty (30) days. A fitness for duty certificate signed by the consulting
physician may be required upon return from leave.
Section 9. 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-law, brother, brother-in-
law, sister, sister-in-law, children of the employee.
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.
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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.
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 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) 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.
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
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Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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 know 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 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.
12
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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
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 anon-controversial nature relating to Union business.
13
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
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.
Article XXIV
UNIFORM AND SAFETY EQUIPMENT
The City agrees to furnish uniforms and related necessary safety equipment for the
employees in the positions of Custodian.
14
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
Article XXV
TERM OF AGREEMENT
This Agreement shall be in effect from January 1, 2008, to and including December 31,
2010.
Signed this
~,
2007, at Auburn, Washington.
day of ~~ ~-~~/~-
City of Auburn
~~ ~ /
By. ( j J
Mayor
Teamsters Local Union No. 117
By:
hn :Williams
ecr ary-Treasurer
By
Brenda Heineman, Director of Human Resources
By:
City Clerk
App
By:
15
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
COURTHOUSE CLERICAL 8~ CUSTODIAN
2008
Appendix A
Custodians - 6.0% package inrease; Court Clerks 5.0% package increase; Lead 7.0% package increase
POSITION STEP 1 2 3 4 5 6
GRADE 1 -(CC1) 2008 $15.86 $16.44 $17.02 $17.58 $18.17 $18.70
CUSTODIAN $ 1,374.77 $ 1,424.83 $ 1,474.91 $ 1,523.45 $ 1575.04 $ 1620.57
$ 2,749.54 $ 2849.66 $ 2,949.82 $ 3,046.90 $ 3,150.08 $ 3,241.14
$ 32,994.48 $ 34,195.92 $ 35,397.84 $ 36,562.80 $ 37,800.96 $ 38,893.68
GRADE 2 - (CC2) 2008 $16.92 $17.98 $18.60 $19.20 $19.86 $20.54
COURTCLERKI $ 1,466.65 $ 1558.17 $ 1,611.72 $ 1663.91 $ 1,721.49 $ 1,780.38
$ 2,933.30 $ 3,116.34 $ 3,223.44 $ 3,327.82 $ 3,442.98 $ 3,560.76
$ 35,199.60 $ 37,396.08 $ 38,681.28 $ 39,933.84 $ 41,315.76 $ 42,729.12
GRADE 3 - (CC3) • 2008 $19.18 $19.84 $20.77 $21.47 $22.16 $22.86
COURT CLERK II $ 1,662.08 $ 1,719.21 $ 1,800.18 $ 1,861.00 $ 1,920.44 $ 1,981.26
$ 3,324.16 $ 3,438.42 $ 3,600.36 $ 3,722.00 $ 3,840.88 $ 3,962.52
$ 39,889.92 $ 41,261.04 $ 43,204.32 $ 44,664.00 $ 46,090.56 $ 47,550.24
GRADE 4 -(CC4) 2008 $22.08 $22.84 $23.92 $24.73 $25.52 $26.32
COURT CLERK LEAD $ 1,913.92 $ 1,979.70 $ 2,072.94 $ 2,142.97 $ 2,211.42 $ 2,281.46
$ 3,827.84 $ 3,959.40 $ 4,145.88 $ 4,285.94 $ 4,442.84 $ 4,562.92
$ 45,934.08 $ 47,512.80 $ 49,750.56 $ 51,431.28 $ 53,074.08 $ 54,755.04
2009 Pav Plan: All classifications receive a 3.0% COLA increase plus a 1.0% market
adjustment (for a total package increase of 4.0%) to the 2008 pay schedule. City will contribute
2.0% of base salary to the employee's VEBA account
2010 Pav Plan: All classifications receive a 3.0% COLAincrease plus a 0.5% market
adjustment (for a total package increase of 3.5%) to the 2009 pay schedule. City will continue
to contribute 2.0% of base salary to the employee's VEBA account.
16
Courthouse Clerical and Custodian Bargaining Unit
2008 - 2010
MEMORANDUM OF AGREEMENT
Between the
CITY OF AUBURN
And the
TEAMSTERS UNION LOCAL NO. 117
INSIDE UNIT
The CITY OF AUBURN has adopted the HRA/VEBA Medical Reimbursement Plan for all
members of the Teamsters Union Local No. 117, Inside Unit. The City of Auburn agrees to
provide a mandatory payroll deduction for this post retirement Medical Insurance Trust. All
contributions made on behalf of each eligible employee will be consistent with the terms and
conditions of this Memorandum of Agreement (MOA) and any future collective bargaining
agreements. It is understood that all defined eligible employees shall be required to sign and
submit to the City of Auburn and HRA/VEBA the Membership Enrollment Form.
The HRA/VEBA Plan consists of asemi-monthly contribution of one percent (1%) of
base salary (e.g. if the base semi-monthly salary was $1500.00 the semi-monthly
contribution would be $15.00).
Contributions will begin effective with the pay period ending October 15, 2006 (check
received October 23, .2006) or as quickly thereafter receipt of all HRA/VEBA
Membership Enrollment Forms by the City's Human Resources Department.
The amount of the contribution by the employees may be changed by the Union during
each collective bargaining negotiation. The Union shall notify the City of the change in
the contribution rate during negotiations.
17
MEMORANDUM OFUNDERSTANDING
By and Between
CITY OF AUBURN
and the
TEAMSTERS UNION LOCAL NO. 117, INSIDE UNIT
The City of Auburn and Teamsters Union Local No. 117, Inside Unit , agree to modify Article XI
Health and Welfare, Section 3, HRA/VEBA Medical Retirement Plan, in the 2008-2010 collective
bargaining agreement, as follows:
Section 3. HRA/VEBA Medical Retirement Plan. The provisions of the HRA/VEBA Medicai
Plan shali be governed in accordance with the attached Memorandum of Agreement. Effective
January 1, 2008, the City will increase its contribution by one-half of one percent (.5%) for a
total City contribution of one and one-half percent (1.5%) of the employee's semi-monthly base
salary. Effective January 1, 2009, the Ciry will increase its 2008 contribution by one-half of one
percent (.5%) for a total City contribution of two percent (2.0%) of the employee's semi-monthly
base salary. Effective April 1, 2009, through December 31, 2009, the City will cease making a
contribution to VEBA due to the extraordinary financial situation of the City. Further, both
parties agree to meet in November 2009 to discuss the 2010 budget status.
Except as expressly amended herein, all other provisions of the January 1, 2008 through
December 31, 2010 collective bargaining agreement between the City of Auburn and Teamsters
Locai Union No. 117, Inside Unit, remain in effect.
Signed this c7c6 A- day of , 2009, at Auburn, Washington
CITY OF AUBURN TEAMSTERS UNION LOCAL 117
INSIDE UNIT
B . BY: JAw~
enda Hememan Tracey A. Th mpson
Human Resources Director Secretary-Treasurer
C:\Documents and Settings\Maryann\LOCaI Settings\Temporary Intemet Files\OLKFlMOU InsideTeamstersConcession0409 (2).doc
~L Y 2
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN , - And
TEAMSTERS LOCAL UNION N0.117
COURTHOUSE CLERICAL AND CUSTODIAN UNIT
WHEREAS, the City of Aubam is ezperiencing a significant financial shortfall for 2011 and 2012,
WHEREAS, the City of Aubum recognizes the value created by the Employees for the
community in which they serve, WHEREAS, the City of Aubum recognizes that this agreed to -compensa#ion does not reflect
work performance, but the fiscal realities of the times in which we live,
WHEREAS, the Union membership recognize the City of Aubum's financial concems and the
need to help the City achieve savings in fiscal years 2011 and 2012,
THEREFORE, the City of Aubum and Teamsters Union Local No. 117, Courthouse Clerical and
Custodian unit agree to extend currenf collective bargaining agreement. ("Agreement"), and
Memoranda of Agreement/Understanding dated December 16, 2009 ("MOU") through
December 31, 2012. Except as expressly modified herein, all terms and conditions of the 2008
- -2010 Agreement and MOU will remain in full foroe and effect through December 31, 2012.
Article VII
CLASSIFICATIONS AND RATES_OF PAY
Section 1. Employees covered by this Agreement shall be compensated in accordance with
Appendix A, as modified and attached, which represents a zero percent COLA increase from
the 2010 base wage for both 2011 and 2012.
ARTICLE XI,
HEALTH AND WELFARE
Section 1.1. Employees electing coverage under the.HealthFirst. (PPO) Plan wil4 pay a premium
cost share of $50.00 per month, regardless of family size. The City will pay the remainder of the
premium. For employees who select Group Health Cooperative, the City will pay the same
premium cost share it pays toward the HealthFirst.(PPO), with an equivalent family size. The
employee will pay the remainder. ~
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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
The City agrees to pay 100% of the premiums for eligible employees for the following health
care programs:
Standard Insurance ($10,000 death benefit)
Short-term disability insurance through the Standard Insurance Company
The City will confinue the short-term disability program with the same provisions as provided for .
unaffiliated employees:
The Cify:and `the Union further agree that the above medical plan coverage options and the ,
premium cost sharing stated above will remain in effect through December 31, 2012. ln the
event thafi the provider of the medicaf plan (The Association of Washington Cities Employee
Benefit Trust) discontinues to offer the plan(s) or materially alters the plan(s), the City and the
Union shall enter into immediate negotiations for the purpose of arriving at a mutually
satisfactory replacement medical plan(s).
Section 3. HRANEBA Medical Retirement Plan. The provisions of the HRANEBA Medical
: Plan shall be govemed in accordance with the attached,Memorandum of Agreement. Effective
January 1, 2008, the City will increase its contribution by one-half of one percent (.5%) for a
total City contribution of one and one-half percent (1.5%) of the employee's semi-monthly base
salary. Effective January 1, 2009, the City will increase its 2008 contribution by one-half of one
percent (.5%) for a total City contribution of two percent (2.0%) of the employee's semi-monthly
' base salary: Effective Match 1, 2010, through December 31, 2012, the City will not make, a
confribution, to the HRANEBA accounts of employees covered by this Agreement. Effective
December,31, 2012, the City agrees to resume its contribution of finro percent (2.0%) of the
employee's semi-monthly base salary into the HRANEBA plan in accordance with the attached
Memorandum of Agreement on March 1, 2013.
Signed this day of 2011, at Aubum, Washington
CITY OF AUBURN TEAMSTERS UNION LOCAL N0. ,117
COURTHOUSE CLERICAL & CUSTODIAN
. UNIT -
,
gy: By: _
enda eineban Tracey A. T pson
Human Resources Director Secretary -Treasurer
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