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HomeMy WebLinkAbout4246RESOLUTION N0.4 2 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, LOCAL 160 FOR 2008-2010 WHEREAS, this Agreement is between the City of Auburn and the International Association of Machinists and Aerospace Workers, Local 160 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 International Association of Machinists and Aerospace Workers, Local 160 as the collective bargaining representative; and WHEREAS, the City of Auburn ~recognizes~ the International Association of Machinists and Aerospace Workers, Local 160 as the exclusive bargaining representative of all employees designated as International Association of Machinists and Aerospace Workers, Local 160. 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 the International Association of Machinists and Aerospace Workers, Local 160 Resolution No. 4246 September 24, 2007 Page 1 for 2008 - 2010 as set forth in Exhibit "A" attached hereto and incorporated by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this ~ day of ~~ 2007. F AUBURN ~`---_~ ~_- ~R B. LEWIS MAYOR ATTEST: Da le E. Daskam, City Clerk APP~VED~O FORM: D~i'el B. Heid; City Attorney Resolution No. 4246 September 24, 2007 Page 2 ,~,s ~f ~~ Exhibit A FINAL AGREEMENT NON-COMMISSIONED UNIT CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 2008-2010 AGREEMENT NON-COMMISSIONED UNIT BY AND BETWEEN CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 January 1, 2008 -December 31, 20010 PREAMBLE This agreement is between the City of Auburn (hereinafter called the "City") and the International Association of Machinists and Aerospace Workers, District Lodge No. 160, (hereinafter called "Union") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the city recognizes the Union as the collective bargaining representative. Effective: January 1, 2008. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 2 of 31 TABLE OF CONTENTS PREAMBLE Page 2 ARTICLE 1 -RECOGNITION AND BARGAINING UNIT Page 5 Section 1 Page 5 Section 2 Page 5 ARTICLE 2 -UNION MEMBERSHIP Page 5 Section 1 General Page 5 Section 2 Failure to Abide Page 6 Section 3 Payroll Deduction for Union Dues Page 6 Section 4 Political Endorsements Page 6 ARTICLE 3 -UNION REPRESENTATION: ACCESS TO EMPLOYEES Page 6 ARTICLE 4 -NONDISCRIMINATION Page 7 ARTICLE 5 -HOURS OF WORK AND OVERTIME Page 7 Section 1 Page 7 Section 2 Page 7 Section 3 Compensatory Time Page 7 Section 4 Callback Page 8 Section 5 Page 8 Section 6 Page 8 Section 7 Cancellation of Court Appearance Page 8 Section 8 Rest and Lunch Breaks Page 9 ARTICLE 6 -CLASSIFICATIONS AND SALARIES Page 9 Section 1 Page 9 Section 2 Education Reimbursement Page 9 Section 3 Longevity Page 9 Section 4 Training Pay Page 9 Section 5 Lateral Entry Page 9 ARTICLE 7 -HOLIDAYS Page10 ARTICLE 8 -VACATIONS Page 11 ARTICLE 9 -HEALTH AND WELFARE Page 12 ARTICLE 10 -PENSIONS Page 13 ARTICLE 11 -JURY DUTY Page 13 ARTICLE 12 -SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE Page 14 C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 3 of 31 ARTICLE 13 -UNIFORM ALLOWANCE Page 17 ARTICLE 14 - EMPLOYMENT PRACTICES Page 18 Section 1 Layoff Page 18 Section 2 Seniority Page 18 Section 3 Working Out of Classification Page 18 Section 4 Out of Classification -Police Specialists Page 18 Section 5 Subcontracting Page 18 Section 6 New Technology Page 18 Section 7 Drug Test Page 19 Section 8 Military Leave Page 19 Section 9 Lie Detector Test Page 19 Section 10 Probationary Employee Page 19 Section 11 Liability coverage Page 19 ARTICLE 15 -MANAGEMENT RIGHTS Page 19 Section 1 Direction of Workforce Page 19 Section 2 City rules and Regulation Page 20 Section 3 Application of Policies and Procedures Page 20 ARTICLE 16 -GRIEVANCE PROCEDURE Page 20 ARTICLE 17 -STRIKES OR LOCKOUTS Page 22 ARTICLE 18 -BULLETIN BOARDS Page 23 ARTICLE 19 -LEGALITY OF NEGOTIATED AGREEMENT Page 23 ARTICLE 20 -ENTIRE AGREEMENT Page 23 ARTICLE 21 -RETENTION OF BENEFITS Page 23 ARTICLE 22 -INVESTIGATIONS, INTERROGATIONS, AND APPLICATION OF DISCIPLINE Page 24 ARTICLE 23 -CIVIL SERVICE COVERAGE Page 25 ARTICLE 24 -TERMS OF AGREEMENT Page 26 APPENDIX A -STRAIGHT-TIME HOURLY RATE OF PAY Page 27 APPENDIX B -QUARTERMASTER SYSTEM LIST OF UNIFORMS ITEMS/EQUIPMENT Page 29 SIGNATURE PAGE Page 31 C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 4 of 31 Article I RECOGNITION AND BARGAINING UNIT Section 1. The City recognizes the Union as the exclusive bargaining representative for all employees designated by the classifications set forth in Appendix "A" and as certified by the Public Employment Relations Commission Case No. 7784-E-89-1327, February 1989, excluding confidential employees, supervisors and all other employees. ~antinn 7 Full Time Reaular Employees: Full time employee means any employee who regularly works forty (40) hours or more per week for more than (4) consecutive calendar months in a calendar year. Part Time Reaular Employees: Part-time regular employee is an employee who regularly works less than forty (40) hours per week, but not less than twenty (20) hours per week, for more than four (4) consecutive calendar months in a calendar year. Such employees shall accrue vacation, sick leave and holiday benefits in the direct ratio that their regular work hours bears to forty (40) hours per week. All employees doing bargaining unit work must be members under one of the above classification. This provision shall not include temporary or occasional workers providing no more than 600 hours are worked by these two groups per year. Note: Salary step advancement for part-time employees shall be based upon completed months of service as set forth in Appendix "A". Article 2 UNION MEMBERSHIP Section 1. All full time employees covered by this Agreement shall become members of the Union within thirty-one (31) days from the date of employment, whichever is later, and shall remain members of the Union in good standing as a condition of continued employment. For the purposes of this section, membership in the Union shall be deemed to have been maintained if the employee has not failed to tender his normal monthly dues and/or initiation fee for an accumulative period of two (2) months. Regarding regular part-time employees, it is acknowledged that the Union will determine the proportion of the regular monthly dues payable to the Union by such employees, after considering the ratio that their regular work hours bears to forty (40) hours per week. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 5 of 31 Section 2. Failure by an employee to abide by the above provisions shall constitute a 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. PAYROLL DEDUCTION FOR UNION DUES. The City agrees to deduct monthly dues required of the employees in the bargaining unit who voluntarily execute a wage assignment authorization form. The City will deposit such dues with International Association of Machinists and Aerospace Workers, District Lodge 160, IAM&AW, 9135 - 15th Place South, Seattle, Washington, 98108. Upon issuance and transmission of such dues and initiation fees to the Union, the City's responsibility shall cease with the respect to such deductions. The Union and each employee authorizing the assignment of wages for payment of Union dues hereby undertake to indemnify and hold the City harmless from all claims, demands, suits or other forms of liability that may arise against the City for or on account of any deduction made by the wages of such employee. Section 4. POLITICAL ENDORSEMENTS. By remitting dues to the Union, the City does not thereby endorse any expenditure, political or otherwise, made by the Union. Article 3 UNION REPRESENTATION ACCESS TO EMPLOYEES 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, provided such Representative or steward does not interfere with the normal work processes. No Union member or officer shall conduct any Union business on City time and no Union meetings will be held on City time or premises unless authorized by the Chief of Police. Off-duty meetings may be scheduled and held on City premises. Section 2. The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union so long as these activities do not interfere with normal work processes of the City. Section 3. The employer will attempt to allow such members of the Union as may be designated by the Union not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Union negotiating team in labor negotiations with the City of Auburn including mediation. Note: Chief retains right not to allow three (3) based on Department staffing needs. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 6 of 31 Article 4 NONDISCRIMINATION It is mutually agreed that there shall be no discrimination because of race, creed, color, religion, sex, age, marital status, sexual orientation, national origin or physical, mental or sensory handicaps that do not prevent proper performance of the job, unless based upon a bonafide occupational qualification. The Union, employees and management representatives shall work cooperatively to assure the achievement of equal employment opportunity. Furthermore, employees who feel they have been discriminated against shall be encouraged to use the grievance procedure set up under this Agreement prior to seeking relief through other channels. Grievances under this Article shall not be subject to step four of the grievance procedure (arbitration). Article 5 HOURS OF WORK AND OVERTIME Section 1. The Chief of Police shall establish regular work schedules for the members of the bargaining unit, such that the working hours for the employees shall be equivalent to forty (40) hours per week on an annualized basis. The normal workday shall be up to ten (10) hours inclusive of the lunch period. Section 2. Except as otherwise provided in this Article, employees shall be paid at the rate of time and one-half of their hourly base rate for: A. All hours worked outside the regularly assigned shift in any one day; B. All hours worked on a scheduled day off as a result of a rescheduled holiday; C. The hours worked on the first and last day of a changed shift unless written notice no less than seven (7) calendar days in advance of the shift change from the employee's regular shift is given to the employee, or if the employee only works one (1) day, without prior notice All overtime must be authorized by the Chief of Police or his designee. In all cases in computing overtime, the nearest one-quarter hours shall be used. Section 3. COMPENSATORY TIME. Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of one and one-half hours for each overtime hour worked, provided that the maximum allowable accrued shall be 80 hours of compensation. Overtime worked beyond that cap will be C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 7 of 31 compensated by pay only. Effective November 30th of each year, all compensatory time accrued as of the 30th of November of that year will be cashed out at the employee's then current rate of pay (base plus longevity) on the first payday of December. The City may require that employees use existing compensatory time, specifying the date on which it is to be used. In the event an employee requests the use of accrued compensatory time on a particular date, and the City does not grant that request, the parties agree that one year is a reasonable time within which to schedule and grant time off. Section 4. CALLBACK. If an employee is called back to duty or is scheduled for court during off hours, he/she will be guaranteed a minimum of three (3) hours at one and one-half times his/her hourly base rate except where such attendance is an extension of the end of his/her regularly scheduled shift at which time normal overtime procedures will apply. Section 5. Employees formally placed on standby status shall be compensated on the basis of (4) hours straight-time pay for eight (8) hours or fraction thereof. If an employee is actually called back to work normal overtime shall apply. Employees will be compensated when called back either normal overtime or four (4) hours straight time, which ever is greater. The employer will pay for all hours from the time employees leave the Auburn Police Department to the time they return to the Auburn Police Department for all court duty outside the city limits. Section 6. Unless otherwise required by the Fair Labor Standards Act (ELBA), the employee agrees to waive any overtime compensation due as a result of the employee's attendance at any Washington State Law Enforcement Training Commission's Basic School or other authorized training programs. Compensation for off-duty attendance at authorized training programs shall be agreed upon in advance between the employee and the police administration, in accordance with the following guidelines: A. Employee shall not be paid for travel time; B. Employee shall be paid time and one-half for training required by the employer and in session beyond eight (8) hours in one day. C. Employee shall waiver any compensation for voluntary training programs. D. TRAINING. The Employer agrees to provide a minimum of twenty (20) hours ofjob-related training per calendar year. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 8 of 31 Section 7. CANCELLATION OF COURT APPEARANCE. When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on the date that the court appearance is still scheduled for the next day, the employee shall be entitled to receive the minimum payments provided by this Agreement even if the court appearance is thereafter canceled. Section 8. REST AND LUNCH BREAKS. As a general rule, employees may combine their 15-minute rest breaks with their 30-minute lunch break. Management reserves the right to require employees to remain on the premises during their rest and lunch breaks. Article 6 CLASSIFICATION AND SALARIES Section 1. Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A". This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8t" and 23rd of each month. Paychecks will be made available to employees on these dates no later than 7:00 a.m. Section 2. All employees shall be reimbursed for educational expenses for job-related classes or degrees but such classes must have the prior approval of the Chief of Police. Section 3. Effective January 1, 1986, longevity pay shall be applied to the straight time hourly rates of all employees covered by this Agreement who have completed continuous service in accordance with the following schedule: LONGEVITY PAY SCHEDULE 5 Years 2.0% 8 Years 3.5% 11 Years 5.0% 14 Years 6.5% 17 Years 8.0% Section 4. Those Corrections Officers designated as Field Training Officers (FTO) by the Chief of Police will receive specialty pay of two percent (2%) of their base salary. Designation will be made in writing. A maximum of three (3) active FTO will be allowed at any given time. Other employees conducting training will be paid an additional two percent (2%) of the employee's base pay for that time actually involved in training. Section 5. Lateral Entry. Employees who have two years of full time, experience in one of the classifications covered by this Agreement, as determined by the Employer, within four years of applying with the City of Auburn, may start at Step 2 of that classification's pay scale (i.e. two (2) years corrections officer experience may start at Step 2 of the corrections officer classification, two (2) years as a police specialist supervisor may start at Step 2 of the police services supervisor classification, etc.). L:\LEGAL\RES\Res4246A (Rev1)Final Contract NonComm 08-10.doc Page 9 of 31 Article 7 HOLIDAYS Section 1. The following twelve (12) days are designated as Holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Martin Luther King Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Floating Holidays (2) Section 2. An employee who works, on an observed holiday as set forth in Section 7.1 shall be compensated aid at the rate of two and one-half (2 '/2) times the employee's regular hourly rate of pay for each hour worked inclusive of holiday pay. Hours worked in excess of the employee's regular shift on that holiday shall be compensated (paid) at time and one-half. Section 3. For employees assigned to rotating shifts, the designated holidays shall be: New Year's Day Martin Luther King Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 25 For all other employees, the designated holidays shall be as specified in Section 1 above with the provision that whenever any designated holiday falls upon a Sunday, the following Monday shall be the recognized holiday, and whenever any designated holiday falls on a Saturday, the preceding Friday shall be the recognized holiday. Section 4. A request to take a Floating Holiday may be made by an employee at any time prior to a shift assignment for which it is to be used. It may be approved by the unit or shift commander so long as there remains the required number of personnel on duty for that shift. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 10 of 31 Management will make a reasonable effort to accommodate the employee's request to take a floating holiday, after considering the operational needs of the Police Department. Early request (i.e., more than sixty (60) days prior to the date requested) will be acted upon by the Chief or his designee within thirty (30) days of the date the initial request is made. Section 5. Employees terminating service after completion of probation, other than for just cause, shall receive compensation for vested unused holiday time. One floater will be earned prior to July 1St and one floater will be earned after July 1St Section 6. Any employee who works the following listed holidays shall be paid triple his/her base rate, or may elect to be paid double his/her base rate in addition to receiving a day off in lieu of that holiday: 1. Thanksgiving Day 2. Christmas Day Article 8 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: Upon completion of 1St year of continuous service 14 working days per year Upon completion of 5th year of continuous service 17 working days per year Upon completion of 10th year of continuous service 20 working days per year Upon completion of 15th year of continuous service 22 working days per year Upon completion of 20~' year of continuous service 24 working days per year An employee who terminates employment during the first six (6) months of employment shall not be entitled to annual vacation leave or payment. Section 2. Normally, vacation leave must be taken within the calendar year next succeeding the year in which vacation leave credits are earned. Each full time and regular part-time employee of the City shall be entitled to accumulate unused vacation leave not to exceed a maximum of two (2) year's annual vacation leave. All vacation leave shall be taken at a time mutually agreeable between the employee and the Police Chief. Section 3. Primary selection of vacation leave shall be made by January 1St of each calendar year. Secondary selection of vacation leave shall be made by March 1. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 11 of 31 Seniority within the employee's classification in either case shall be given preferences when selections cannot otherwise be made on a voluntary basis. Section 4. Employees who have completed six (6) months of service and are separated from employment shall be entitled to payment for vacation leave not taken that has accrued to date of separation. In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year and in the current year and not taken prior to the death of such employees. Section 5. The minimum increment vacation may be taken is'/2 hour. Article 9 HEALTH AND WELFARE A health care, dental care, orthodontics and life insurance program shall be granted to eligible full time employees and their dependents. Said programs and arrangements shall consist of: 1. Association of Washington Cities Regence/Washington Physicians Service/King County Medical Blue Shield Medical Plan B with City paying one hundred percent (100%) of the premium for employees through the duration of the contract and the employee paying ten percent (10%) of the monthly premium for his/her spouse's and dependents' medical insurance. The City shall pay the remaining 90% through the duration of the contract. 2. Group Health with the City paying premium up to amount City would pay if employee selected AWC Plan B. 3. Washington Dental Service, Plan F, or Northwest IAM Benefit Trust Dental Plan #125. (It is understood between the parties that the Union and/or Employee is responsible for any difference in premium between the WDS Plan F and Benefit Trust Dental Plan.); 4. Vision Service Plan (VSP), Full family, $10 deductible, through the AWC Benefits Trust; 5. Standard Insurance for $10,000; and 6. Association of Washington Cities Orthodontics (Plan 1). The City shall provide additional workers' compensation premiums now paid by police service specialists who perform matron duties on occasion. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract Noncomm 08-10.doc Page 12 of 31 The Union and current employees agree to the City's tobacco use policy as it currently exists or is hereafter amended during the term of this Agreement. Short-Term Disability Insurance: As soon as possible upon ratification of the contract, the City will administer, through payroll deduction, apre-tax, employee paid, Short-Term Disability Insurance program. VEBA: The CITY of AUBURN has adopted the MSA VEBA Medical Reimbursement Plan. As soon as possible upon ratification of the contract, 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 the collective bargaining agreement in effect at the time, and based on the individual's annual base salary. It is understood that all defined eligible employees will be required to sign and submit to the City of Auburn an MSA VEBA Membership Enrollment Form. The MSA VEBA Plan shall be funded by asemi-monthly employee deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25.00 per month) of the employee's base annual salary. 2008-2010: The MSA VEBA Plan shall be funded by asemi-monthly employee deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25.00 per month) of the employee's base annual salary. The City will match the employee's first one percent (1.0%) of employee base wages, semi-monthly Article 10 PENSIONS Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees. Article 11 JURY DUTY Time off with pay will be granted for jury duty. In order for the employee to receive his/her regular rate of pay while serving on jury duty, the employee must furnish a written statement from the appropriate public official showing the date and time served. If the employee is scheduled for jury duty and is not needed for all or a major part of the employee's regularly scheduled shift, the employee will be on the honor system to advise his supervisor of his status. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 13 of 31 Article 12 SICK, DISABILITY, BEREAVEMENT, EMERGENCY, AND UNION LEAVE Section 1. Sick leave credit shall accumulate for eligible employees at the rate of one (1) day, i.e., 8 hours, per month. Sick leave is accumulated or cumulative to a maximum of one hundred-twenty (120) days, i.e., 960 hours, except as provided in Section 9 below. Sick leave credit may be used for time off with pay for bona fide cases of incapacitating sickness or injury and for the period of disability resulting from pregnancy or childbirth. Any employee found to have abused sick leave by falsification or misrepresentation of same shall be subject to disciplinary action. Section 2. A verifying statement of the employee's physician may be requested by the Chief of Police or his designee, at his option, whenever an employee claims sick leave after the fourth claim in any calendar year or when the employee is absent for three (3) days or longer. Section 3. Employees incapacitated by illness or injury shall notify the Chief of Police or his designee, as far in advance as possible before he/she is to report to duty. During periods of extended illness, employees shall keep the Chief of Police or his designee informed as to their progress and potential date of return to work. Section 4. Employees shall be allowed up to three (3) days leave with pay for death in the immediate family upon approval of the department head. Immediate family includes only the father orfather-in-law, mother or mother-in-law, spouse, brother, sister, children or grandchildren and grandparents of the employee. Sick leave will be charged if the employee is off the job exceeding three days. Section 5. An employee shall be allowed use of sick leave for the care of dependent children under the age of eighteen (18) requiring his/her presence, upon approval of the Chief of Police or his designee. A. For the actual time during an employee's regularly scheduled shift that the employee must attend to the immediate needs of the dependent child; B. An employee is expected to return to work as soon as he/she can be relieved or is no longer needed. C. In any incident of family illness/injury the employee may be required to furnish a doctor's certificate stating what the illness/injury is and that the employee's presence is required. Section 6. An employee may use up to twelve (12) workweeks of leave each year in accordance with the provisions of the Family Medical Leave Act FMLA as follows: C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract Noncomm 08-10.doc Page 14 of 31 An employee who has worked for the City at least twelve months, including at least 1250 hours in the last twelve months, may be entitled to 12 work weeks of paid/unpaid leave in any twelve 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 Chief of Police or his designee at least 30 days written notice by completing a Leave Request Form, in advance of the anticipated date of the leave when it is to begin (14 days notice for 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 work week entitlement, and is not in addition to 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 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 12 workweeks 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 work week period. Time loss due to disability prior to or following giving birth will be assessed towards the twelve work week period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with Chief of Police approval. Certification by a health care provider may be required. Care of a child parent or spouse who has a serious or terminal health condition, or to attend to a person serious health condition. Certification and/or second or third options by a health care provider may be required for leave approval. Re-certification may be required every 30 days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Leave may be requested and granted on an intermittent basis or on a reduced workweek schedule if medically necessary. The employee must provide medical C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 15 of 31 certification within 15 days of the date requested. The employee must attempt to schedule his/her intermittent or reduced leave so as not to disrupt the City's operations. Section 7. Upon certification of disability retirement, death or termination in good standing (not termination for cause), the employee shall be reimbursed at current rate of pay for unused accrued sick leave up to a maximum of 960 hours in accordance with the following schedule based on continuous years of service. Upon Completion of Years of Service Percent of Accrued Unused Sick Leave 0 - 4 years 0% (exception the event of death occurring in the line of duty, 25% of such employee's accrued unused sick leave shall be paid to the employee's beneficiary). 5 -14 years 25% 15 - 24 years 50% 25 years and over 100% 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 certification of death of the employee, the employee's estate shall be paid 25% of the accrued, unused sick leave balance of the deceased employee. Section 8. When an employee has accumulated 960 hours, i.e., 120 days, of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours, i.e., one (1) day per month until the end of the calendar year at which time all sick time accumulated by the employee in excess of 960 hours shall be paid at 25% of the employee's then hourly base rate. 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 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 10. When an employee suffers an injury sustained from an act of violence peculiar to the duties and responsibilities of police support employees and is disabled as the proximate result of that on-the-job injury as covered by Workers' Compensation and Industrial Insurance the City shall compensate the affected employee for the difference between his Workers' Compensation and Industrial Insurance entitlement and his/her regular basic salary - to the extent not covered by sick and vacation leave accruals - for a period not to exceed six (6) months from the initial injury or the C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 16 of 31 termination of the disability, whichever comes first. To accomplish this, the City shall pay the employees his/her regular salary for said period and the employee shall receipt to the City all time loss payments received from Worker's Compensation and Industrial Insurance. Section 11. The City shall pay a $5,000 death benefit to the estate of a non- commissioned employee in the bargaining unit who is killed in the line of duty. Such payment shall be for funeral and related expenses. Section 12. LEAVE FOR UNION BUSINESS. Employees shall be granted time off with approval of the Chief of Police or his designees without pay to attend Union functions approved by the District. Article 13 UNIFORM ALLOWANCE Employees hired on or after January 1, 1994 will be on the quartermaster system and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items attached to this agreement as Appendix B. All other employees will receive a uniform allowance of $375.00 for 1996 to purchase uniform items attached to this agreement as Appendix B for conversion to the Quartermaster system effective January 1997. Effective January 1, 1996, all employees on the Quartermaster system will be entitled to have up to four items cleaned per week. Effective January 1, 1997, all uniforms/equipment revert to the ownership of the City. The purpose of the cash allowance is to buy and/or repair any equipment or clothing required by the City, which is not furnished by the City. At the option of the employee, the allowance will be paid to the employee under either of the following circumstances: A. Upon the submission of a voucher to the Chief of Police for approval, signed by the employee, the total allowance shall be paid by check issued to the employee, OR, B. The allowance will be paid when the employee presents a receipt for items purchased to the Chief of Police. For regular part-time employees, the City shall provide required uniforms when the employee is hired. Thereafter, the City shall replace required uniforms on an as needed basis, as determined by the Police Chief or his designee. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 17 of 31 Article 14 EMPLOYMENT PRACTICES Section 1. LAYOFF. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be based upon seniority by classification, with last hired to be first laid off. If seniority is equal, layoffs will be based upon performance as determined by the City. A laid off employee shall be eligible for re-hire for a period of one (1) year after (1) year of service and two (2) years after two (2) or more years of service. An employee who is recalled to work after layoff shall be re-employed in the same position, and at the same step in the salary range, which he occupied at the time of layoff. Recalled employees will retain the same seniority that they held at the time of layoff. Section 2. SENIORITY. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the earliest date of hire with the City. Section 3 WORKING OUT OF CLASSIFICATION. Any employee who is assigned to perform the duties of a higher paying classification by the appropriate authority will be compensated for actual hours worked in the performance of such duties at the higher rate of pay. A minimum of four (4) hours at that higher rate when the work performed is more than four (4) hours in duration, such pay, once four (4) hours is reached, shall be for the entire shift. Section 4. OUT OF CLASSIFICATION -POLICE SPECIALISTS. In the event the Police Specialists are required to administer to prisoners, such Police Specialists shall be paid at the pay rate of the Correctional Officer's classification commensurate with the Police Specialist's time in service for actual hours worked in the performance of such duties. Compensation will be a minimum of one (1) hour at that higher rate when the work performed is one (1) hour or less in duration or the actual hours worked, whichever is greater. Section 5. SUBCONTRACTING. In the event the City lays off a regular full time employee and decides to subcontract the majority of that work the employee was doing (during the period the employee retains layoff rights), the laid off employee will be given the opportunity to accept a position with the subcontractor, if possible, with no loss in wages. Notification and placement will be agreed upon between Union and-City. If-the laid off employee rejects the opportunity when given, such employee's rights under this provision shall cease. Section 6. NEW TECHNOLOGY. If an employee is placed on layoff status due to new technology and a subsequent job opening occurs within the bargaining unit in that classification (or in a new classification created by such new technology), the laid off employee that qualifies for such job shall be given first consideration. Such recall rights shall be limited to the time frames set forth in Section 1 herein. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 18 of 31 Section 7. DRUG TEST. No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except for reasonable cause or when otherwise allowed by law or any courts of competent jurisdiction. The Union shall cooperate with the City in fulfilling its obligations to comply with the Drug Free Workplace Act of 1988 and acknowledges the City's right to implement reasonable policies to assure compliance. Any employee disciplined or discharged for violation of such police shall have the right to appeal such action through the grievance procedures. Section 8. MILITARY LEAVE. An employee who is a member of the Washington National Guard or a Federal Reserve Military Unit is entitled to leave from his/her duties with full pay for official military duty in accordance with RCW 38.40.060. Such leaves are in addition to any other leave or vacation benefits. Section 9. LIE DETECTOR TESTS. No employee shall be required to take or be subjected to any lie detector tests as a condition of continued employment. Section 10. PROBATIONARY EMPLOYEES. All new employees shall serve a probationary period of twelve (12) months. The union may not question the discipline or dismissal of any probationary employee nor shall the dismissal be the subject of a grievance. The probationary period for employees being transferred/promoted to another position in the bargaining unit shall be six (6) months. If an employee's performance in the new position is found to be unacceptable, the employee shall be returned to the position from which the employee was promoted or transferred if an opening exists. Section 11. LIABILITY COVERAGE. The City will continue to provide liability coverage consistent with the terms of the City's insurance policies and/or any self-insurance program maintained by the City. Article 15 MANAGEMENT RIGHTS Section 1. DIRECTION OF WORKFORCE. The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its lawful mandate, and the powers of authority, which the City has not specifically abridged, delegated, or modified by this Agreement are retained by the City, including but not limited to the right to contact services of any and all types. The direction of its working force is vested exclusively in the City. This shall include, but not be limited to, the rights to (a) direct employees; (b) hire, promote, transfer, assign and train employees; (c) suspend, demote, discharge, or take disciplinary action against employees for just cause; (d) relieve employees from duty because of lack of work or other legitimate reasons; (e) maintain the efficiency of the operation entrusted to the City, (f) determine C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 19 of 31 methods, means, work schedules and personnel by which such operations are to be conducted; (g) control the departmental budget and (h) take any actions necessary in conditions of emergency regardless of prior commitments, to carry out the mission of the agency; provided, however, that items (a) through (h) shall be consistent with City ordinances, personnel policies and procedures, and may be limited by the terms of this Agreement. Section 2. CITY RULES AND REGULATIONS. The City shall have the right to make such reasonable direction, rules and regulations as may be deemed necessary by the City for the conduct and the management of the affairs of the City, and the Union agrees that the employees shall be bound by and obey such directions, rules, ant the regulations insofar as the same do not conflict Section 3. APPLICATION OF POLICIES AND PROCEDURES. Rules and regulations shall be made available by the City in writing to all employees. Formal disciplinary action against an employee for violation of police department policies and procedures may be subject to the grievance procedure. Article 16 GRIEVANCE PROCEDURE Section 1. For the purpose of the Agreement, the term "grievance" means any dispute between the Employer and the Union concerning an alleged breach or violation of this Agreement. Step 1. An alleged grievance shall be taken up with the employee's immediate supervisor and shift commander within ten (10) working days of its alleged occurrence. The parties agree to make every effort to settle the grievance promptly at this level. In the event the grievance is unresolved, the Union and employee shall process the grievance to Step 2 of the Grievance Procedure contained herein within five (5) days of the meeting with the employee's immediate supervisor. Step 2. The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and the Union representative shall present the written grievance to the Division Commander, Human Resources Director, and the Chief of Police who will conduct a meeting within five (5) working days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within ten (10) working days from such meeting. Copies of the Chief's decision will be furnished the aggrieved, the Union representative and the Mayor. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 20 of 31 Step 3. A grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Mayor in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) working days of the receipt of the written grievance. The Mayor shall render a decision within five (5) working days of such hearing. Step 4. Should the grievance not be resolved in Step 3 and should further consideration be desired by the grievant, a written notification requesting arbitration must be filed with the Mayor within ten (10) working days. The parties shall mutually select a disinterested third party to serve as Arbitrator. In the event the Employer and Union are unable to agree on an Arbitrator, the Arbitrator shall be selected by the process of elimination from a panel of seven (7) Arbitrators furnished by the American Arbitration Association (AAA). The order of elimination shall be determined by flip of coin. The request to AAA shall state the issue to be decided. The Arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The Arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, detract from, or alter in any way, the provisions of this Agreement. The decision within the jurisdiction of the Arbitrator shall be final and binding upon both parties. The parties shall evenly divide the costs of the Arbiter and any AAA services charges with each party paying its own costs. If both parties desire a stenographic record, the expenses of the same shall be borne equally. If only one party desires a stenographic record then that party shall pay the costs of the preparation of its own copy and one for the Arbiter and the declining party shall not be a provided a copy. Utilization of the grievance procedure (including arbitration) by the Union or any employee shall constitute an election of remedies and a waiver of any and all rights by the appealing employee, Union and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or other contest of the subject matter in any court or other contest of the subject matter in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. Section 2. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption. If the Union steward or employee contacts the employee's supervisor within the Step 1 time frames and orally identifies an issue as a grievance, the grievance shall be considered timely. The Union or employee shall reduce such grievance to writing as soon thereafter as possible, if the issue is not resolved. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 21 of 31 Section 3. Any grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Union in written form to the Chief of Police as set forth in Step 2 of the grievance procedure, and processed as set forth therefrom. Section 4. Election of Remedy - An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. In the event the grievance is unresolved after the Step 1 meeting, the Union and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) days of the meeting with the employee's immediate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Employer and the Union with written notice of such election. If an Employee chooses to appeal through the Civil Service Commission, he/she shall not be represented by the Union. The Employee and/or Union must comply with the time requirements for submitting an appeal and/or grievance as provided for in the Agreement or applicable rules. Article 17 STRIKES OR LOCKOUTS During the term of this Agreement, neither the Union nor any employee shall cause, engage in, sanction, encourage, direct, request, or assist in a slow-down, work stoppage, interruption of work strike of any kind, including a sympathy strike, 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, against the City. The Union and its representatives will undertake every reasonable measure to prevent and/or terminate all such strikes, slow-downs, or stoppage of work. Any concerted action by any employee shall be deemed a work stoppage if any of the above activities has occurred. The City may discipline or discharge any employee who violates this Article. This remedy shall not be exclusive of any other remedy available to the City. The sole question which may be processed through the grievance and arbitration procedure in the event of discipline or discharge for violation of this Article is whether in fact the employee did violate this Article. During the term of this Agreement, the City shall not cause, permit or engage in any lockout of its employees. The employee, Union and City shall comply with applicable State Law pertaining to strikes or lockouts. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 22 of 31 Article 18 BULLETIN BOARDS The City shall permit the reasonable and lawful use of bulletin boards by the Union for the posting of notices relating to official Union business. Article 19 LEGALITY OF NEGOTIATED AGREEMENT Should any term or provision of this Agreement be in conflict with any State or Federal statute or other applicable law or regulation binding upon the Employer, such law or regulation shall prevail. In such event, however, the remaining terms and provisions of this Agreement will continue to full force and effect. No City ordinance or resolution shall modify or change any Article of this Agreement during the life of this Agreement. If any Article or Section of this Agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section shall be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into immediate collective negotiations for the purpose ~of arriving at a mutually satisfactory replacement for such Article or Section Article 20 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. However, additions, deletions or modifications to this Agreement may be made during its term by mutual agreement of the parties. Such agreements shall be supplemental to this agreement, signed and dated by both parties. Article 21 RETENTION OF BENEFITS This Agreement shall not operate to reduce any benefits not specified in this Agreement, which are currently enjoyed by any of the employees in the bargaining unit, i.e.: 1. Less than one (1) full day's compensatory time off may be taken with verbal approval of the Shift Commander or Unit Commander. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 23 of 31 2. Availability to the Chief of Police or other administrative personnel by an individual employee, under appropriate circumstances, need not follow chain of command. 3. Direct access to the Chief of Police or other administrative personnel by the Union representatives shall be permitted to discuss employer- employee problems with the chain of command. Article 22 INVESTIGATIONS, INTERROGATIONS AND APPLICATION OF DISCIPLINE Employees subject to investigation of alleged wrongdoing will be notified in writing of the outcome of the investigation and finding within 48 hours after completion of such investigation and finding. Employee Protection. All employees within the bargaining unit shall be entitled to the following protection, which shall be consistent with the policies and procedures of the City of Auburn. The wide ranging powers and duties given to the employer and employees involve then in all manner of contracts and relationships with the public and other City of Auburn employees. Application of Discipline. Any formal discipline of employees shall be applied by the Chief of Police or his designees. Discipline shall include, but not necessarily be limited to oral warnings, written warnings, suspensions, demotions or discharge for just cause. No employee covered by this Agreement shall formally discipline another employee, except an employee in the bargaining unit who is formally vested with such authority by the Chief of Police or his designee. An employee subject to discipline shall be afforded the right to have the Union Steward and/or Union representative present, if requested by the employee. Employee warning letters shall be provided to the employee and the Union, when requested by the employee. Investigations and Interrogations. A. The Employee shall be informed in writing of the nature of the investigation and whether he is a witness or a suspect before any interrogation commences, including information necessary to reasonably apprise him of allegations of such complaint. B. Any interrogation of an employee shall be at a reasonable hour, when employee is on duty unless the exigencies of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 24 of 31 C. The interrogation (which shall not violate the employee's Constitutional rights) shall take place at a City facility, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with the Union Steward and/or Union Business Representative before being interrogated. The Union Steward and/or a Union Business Representative shall be present during the interrogation, if requested by the employee, but may not participate in the interrogation except to counsel the employee in private. D. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, telephone calls, and counseling. E. The employee shall not be subjected to any offensive language, nor shall he/she be treated with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be intimidated in any other manner. No promises or rewards shall be made as an inducement to answer questions. F. All employees may request an attorney of their choosing to be present during a department investigation. The cost of.such attorney shall be paid by the employee. Article 23 CIVIL SERVICE COVERAGE The parties hereby agree that full-paid employees of the City of Auburn Police Department in the classifications of Police Services Receptionist; Police Services Specialist; Parking Control Attendant; Correctional Officer; Police Services Specialist Supervisor; Evidence ID Technician; and Correctional Supervisor (collectively "Employees") will be covered by City of Auburn Civil Service Rules in accordance with the provisions of Washington State law (RCW 41.12.050), except as otherwise set forth herein. The parties agree the following Civil Service Rules shall not apply to the Employees: Civil Service Rules 6.01, 6.02, and 6.03. Classifications and reclassifications will continue to be performed pursuant to City policy. Civil Service Rule 9. Pre-employment examinations, including medical examinations, psychological examinations, back ground checks etc. will continue to be performed pursuant to City policy. Civil Service Rule 12.01. The probationary period for transfers and promotions, which is set forth in Article 14, Section 10 of the Agreement shall remain in effect. C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 25 of 31 Civil Service Rule 14 and its subparts. Management rights as provided for in Article 15 of the Agreement, and all of its subparts, shall remain in effect. Civil Service Rule 15. Leaves of absences shall continue to be governed by the Agreement and City policy. Civil Service Rules 16.07, 16.08 and 16.09. Article 14, Section 10 of the Agreement shall apply to the discipline or discharge of a probationary employee. Article 24 TERMS OF AGREEMENT Section 1. This Agreement is effective January 1, 2008, and shall remain in full force and effect through December 31, 2010. Pursuant to the provisions of RCW 41.56, the City agrees to commence negotiations with the Union not later than June 15th of 2010 for the purpose of negotiating wages, hours, and other terms and conditions of employment for employees covered by this Agreement. L:\LEGAL\RES\Res4246A (Rev1)Final Contract NonComm OS-10.doc Page 26 of 31 Appendix "A" STRAIGHT TIME HOURLY RATE OF PAY Section 1. Pay Plan January 1, 2008 through December 31, 2010 -See matrix below Hourly & Monthly Rates of Pay 0-6 Mos 7-18 Mos 19-30 Mos 31-42 Mos 43-54 Mos 55 +Mos Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Police Services Receptionist: (3%COLA) $15.80 $16.43 $17.09 $17.77 $1369.24 $1424.02 $1408.98 $1540.21 $2738.48 $2848.04 $2961.96 $3080.42 $32,861.76 $34,176.48 $35,543.52 $36,695.04 $18.48 $1601.83 $3203.66 $38,443.92 $19.22 $1665.61 $3331.22 $39,974.64 Police Services Specialist 2008: (3% COLA + 1 % MA for total package increase of 4%) $17.61 $18.53 $19.44 $20.35 $21.27 $22.18 $1526.19 $1605.69 $1684.78 $1764.06 $1843.38 $1922.64 $3052.38 $3211.38 $3369.56 ~ $3528.12 $3686.76 $3845.28 $35,052.24 $36,878.88 $38695.20 $40,516.32 $42,337.44 $44158.56 Parking Control Attendant 2008: (3% COLA) $16.85 $17.73 $18.60 $19.48 $20.35 $21.23 $1460.51 $1536.62 $1612.30 $1688.18 $1764.12 $1839.94 $2921.02 $3073.24 $3224.60 $3376.36 $3528.12 $3679.88 $35,052.24 $36,878.88 $38,695.20 $40,516.32 $42,337.44 $44,158.56 Correctional Officer 2008 (3% COLA + 1 % MA for a total package increase of 4%) $20.86 $21.83 $22.80 $1807.76 $1892.01 $1976.24 $3615.52 $3784.02 $3952.48 $43,386.24 $45,408.24 $47,429.76 $23.77 $24.74 $25.73 $2060.25 $2144.54 $2230.34 $4120.50 $4289.08 $4460.68 $49,446.00 $51,468.96 $53,528.16 Police Services Specialist Supervisor 2008 (3% COLA +.5% MA for total package increase of 3.5%) $20.76 $21.73 $22.69 $23.66 $24.63 $25.61 $1799.08 $1882.91 $1966.74 $2050.35 $2134.23 $2219.62 $3598.16 $3765.82 $3933.48 $4100.70 $4268.46 $4439.24 $43,177.92 $45,189.84 $47,201.76 $49,208.40 $51,221.52 $53,270.88 Evidence ID Technician 2008 (3% COLA + .5% MA for total package increase of 3.5%) $20.65 $21.61 $22.58 $1789.87 $1873.27 $1956.67 $3579.74 $3746.54 $3913.34 $42,956.88 $44,958.48 $46,960.08 $23.54 $24.50 $25.48 $2039.86 $2123.30 $2208.23 $4079.72 $4246.60 $4416.46 $48,956.64 $50,959.20 $52,997.52 C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files10LK4\Final Contract NonComm 08-10.doc Page 27 of 31 Correctional Supervisor 2008 (3% COLA + 1.5% MA for total package increase of 4.5%) $27.62 $28.75 $2393.58 $2491.74 $4787.16 $4983.48 $57,445.92 $59,801.76 Section 2. Pay Plan January 1, 2009 through December 31, 2009 - 3.0% COLA plus a 1 % Market Adjustment applied to 2008 base salary Section 3. Pay Plan January 1, 2010 through December 31, 2010 - 3.0% COLA plus a .5% Market Adjustment applied to 2009 base salary C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 28 of 31 Appendix "B" This appendix lists all uniform and equipment items for five different positions. A letter designator for each position is provided below to identify which items are authorized for each position: Community Service Officer = A Police Services Specialist = B Parking Control Attendant = C Correction Officer = D Evidence/Identification Tech. = E QUARTERMASTER SYSTEM (LIST OF UNIFORM AND EQUIPMENT ITEMS) Four long sleeve uniform winter shirts A,B.C.D.E Four short sleeve uniform summer shirts A,B,C,D,E Four pair uniform trousers A,B,C,D,E One uniform jumpsuit D Two Uniform vest - sweater or wool/ploy blend B Two uniform sweaters -cardigan, V-neck B One uniform sweater (Command Crew-neck/brown D only). A,C,D,E One uniform coverall A,E One baseball style cap C,D,E One winter cap ~ C One uniform jacket A,B,C,D,E One rain coat -yellow ~ A,C One protective vest A,C One reflective vest C One uniform nylon windbreaker jacket C,D Two clip-on style ties (one issued to A) A,C,D One Auburn style Police tie clip C,D One name plate, metal for uniform shirt A,B,C,D,E One set of metal shirt buttons E One uniform dickie C Two "AP" collar insignia A,B,C,D,E One official badge A,B,C,D,E One pair shoes -black leather, polished toe and heel (Voucher method up to $85.00) A,C,D,E One pair boots -black leather, polished toe and heel (Voucher method up to $125.00) A,C,D,E Two (2) pairs of shoes or one (1) pair of shoes and one (1) pair of boots (Voucher method up to $200.00 per year) B One duty equipment belt A,C,D One nylon or leather pants belt A,B,C,D,E Four belt keepers A,C,D One A.S.P. baton with holder D C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 29 of 31 Two pair handcuffs with long key (one pair of handcuffs w/long key only to C) A,C,D One double handcuffs case or two single cases (one handcuff case only to C) A,C,D One pair black leather gloves A,C,E One pair winter black leather gloves C One portable radio holder A,C,D One pager holder C One capstun and holder A,B,C,D One flashlight with belt holder C,D One folding knife with belt holder C One "hazmat" glove holder for duty belt A,C,D One whistle (with chain for C only) A,C One metal citation folders (holders) C One holder for "officer daily log book" C One briefcase - voucher up to $125.00 C One Auburn Police Manual of Standards B,D One Auburn Police Identification Card A,B,C,D,E One metal forms holder C,E One Auburn Police department patch (baseball cap size) D One strip of appropriate service years stripes for left sleeve of ea. long sleeve shirt D Two Auburn Police Shoulder patches per shirt D Two Auburn Police Shoulder patches per sweater D Two Auburn Police Shoulder patches per winter jacket D Two Auburn Police Shoulder patches per jumpsuit D One Uniform Skirt B One Uniform trousers (cortex) C One nylon key holder C L:\LEGAL\RES\Res4246A (Rev2)Final Contract NonComm 08-10.doc Page 30 of 31 Signed this _ Washington. day of ~ ~~~~ , 2007 at Auburn, City of Auburn __ s ~ _ ---~ By: ~~ Mayor By: Director of Human Resources/ Risk & Property Management l,(;~ By: Ci Clerk Approved As To Form: By: ~~ International Association of Machinists and Aerospace Workers of District Lodge No. 160 By: Directing Business By: Business Representative C:\Documents and Settings\ddaskam\Local Settings\Temporary Internet Files\OLK4\Final Contract NonComm 08-10.doc Page 31 of 31 MEMORANDUM OFUNDERSTANDING By and Between CITY OF AUBURN and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 The City of Auburn and the International Association of Machinists and Aerospace Workers, District Lodge No. 160, agree to modify the parties' 2008-2010 collective bargaining agreement, as follows: Article 9: 2008-2010: The MSA VEBA Plan shall be funded by a semi-monthly employee deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25.00 per month) of the employee's base annual salary. Due to the economic downturn and the City's projected 2009 budget shortfall, both parties agree that the City will cease contributing to VEBA effective April 1, 2009 (pay check received on April 23rd) through December 31, 2009. The parties agree to meet in November 2009 to discuss the 2010 budget status. The parties agree that it is necessary to further reduce labor costs as a result of the 2009 budget shortfall. To accomplish this reduction, while minimizing the impact on the bargaining unit members, the parties agree as follows: Each member of the collective bargaining unit will make a semi-monthly gift of 1% of his/her respective base wage to the City effective April 16, 2009 (pay check received on May Sth) through December 15, 2009. Both parties understand that this donation shall be used exclusively for public purposes. The parties agree that this is a non-refundabie donation to the City, and neither this donation nor the elimination of the VEBA contribution by the City shail be reimbursed by the City at a later date. Further, to _ effectuate the parties' agreement and this donation, the union will ensure that each member signs a contribution authorization form allowing the City to deduct from the employee's base wage, on a post-tax basis, semi-monthly 10/o of the base wage. The Union will collect and send the completed contribution forms to.the Finance Department (Payroll) by April 20, 2009 in time for the contribution to be taken out of the pay check received on May 8, 2009. Except as expressly amended herein, all other provisions of the January 1, 2008 through December 31, 2010 collective bargaining agreement between the City of , . Page 1 of 2 Auburn and the Intemational Association of Machinists and Aerospace Workers, District Lodge No. 160, remain in effect. Signed this C~) -5~ day of 2009, at Aubum, Washington CITY OF AUBURN INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 By: By: 9:~~- iAiyzd Br nda Heineman Business Representativle Human Resources Director Page 2 ot 2 r y MEMORANDUM OF UNDERSTANDING By and Between CITY OF AUBURN and the , " 9NTERNATIONAL ASSOCIATION OF_MACFlINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 The City of Auburn and the Intemational Association of Machinists and Aerospace Workers, District Lodge No. 160, agree to modify the parties' 2008-2010 collective bargaining agreement, as follows: Article 9: 2008-2010: The MSA VEBA Plan shall be funded by a semi-monthly employee deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25.00 per month) of the employee's base annual salary. Due to the economic downturn and the City's projected 2010 budget shortfall, both parties agree that the City will continue to cease contributing to VEBA effective January 1, 2010 (pay check received on January 23rd) . through December 31, 2010 (check received on January 8, 2011) . The parties -agree to meet in November 2010 to discuss the 2011 budget status. The parties agree that it is necessary to further reduce labor costs as a result of the: 2010 budget shortfall. To accomplish this reduction, while minimizing the impact on the bargaining unit members, the parties agree as follows: Each member of the collective bargaining unit will make a semi-monthly gift of 1% of " his/her respective base wage to the City effective January 1, 2010 (pay check received on January 23rd) through December 15, 2010. Both parties understand thaf this donation shall be used exclusively for public purposes, The parties,agree that this is a non-refundable donation to the City, and neither this donation nor the elimination of the VEBA contribution by the City: shall be reimbursed by the City, at a later date. Further, to effectuate the parties' agreement and this donation, the union will ensure that each member signs a confribution authorization form allowing the City to deduct from the employee's base wage, on a post-tax basis, semi-monthly 1% of the base ,wage. The Union will collect and send'the completed contribution forms to the Finance Department (Payroll) by January 4, 2010 in time for the contribution to be taken out of the pay check received on January 23, 2010. C:1Documents and Settingslbwestbrook\Local SettingslTemporary Intemet Files\Content.OutlookUOPJX029W10U TAM Concession121409 (2):doc Page 1 of 2 s ~ Except. as expcessly amend'ed herein, all other provisions of the January 1, 2008 through -December .31, 2010 collective bargain.ing agreement between the City of : Aubum and the lnternational Association of Machinists and Aerospace Workers; District Lodge No. 160, remain in.effecf. Signed this 3 ~.-E'tn' day of ~e-<<,-64-/_2009, at Aubum, Washington CITY OF AUBURN INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE . WORKERS DtSTRICT LODGE NO. 160 By: By. Elr6hda Heineman Business Representative Human Resources Directoc C>\Documents and SettingslbwestbrooklLocal Settings\Temporary lntemet FileslContent.0utlook\IOPJX029\MOU TAM ConcessioM21409 (2).doc Page 2 of 2 . • _ ,eco ~L~f (o City of Auburn , . MEMORANDUM OF UNDERSTANDING N~►Y 0~4 20" By and Between CITY OF AUBURN' Human Resources Dept. , and the INTERiVAT10NALASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE N0:160 The City of Aubum and the Intemational Association of Machinists and Aerospace Workers, District Lodge No. 160 hereby enter into the following Memorandum of Understanding conceming changes to Appendix. B, Quartermaster System (List of Uniform and Equipment Items), to the 2008-2010 collectiVe bargaining agreement and the January 26, 2011, Memorandum of Understanding (MOU). Except as modified herein, all terms and conditions of the 2008-2010 collective bargaining agreement and January 26, 2011 MOU remain in full force and effect. The purpose of this MOU is to memorialize a change to the equipment list identified in Appendix B, as requested by the collective bargaining unit, reviewed and recommended by the unifoRn committee, and approved by the Chief of Police. The following is a list of changes/replacements to the Receptionist/Police Services Specialist/Supervisors unifoRn/equipment list: Current List New List Four lon sleeve uniform shirts Two lon sleeve uniform shirts Four short sleeve uniform shirts Two short sleeve uniform shirts Four air uniform trousers Two air uniform trousers Two uniform vests Delete Two uniform sweaters Delete One uniform winter 'acket One Fleece Jacket w/zi out sleeves One metal name late-ma netic attachmenf Two 2 embroidered name ta s Two (2) pair of shoes or one (1) pair of boots - One (1) pair of shoes (Voucher method. oucher method u to $250 er ear u to $125/ ear One leather or n lon ants belt One leather or n lon ants belt One Aubum Police Identification Card One Aubum Police Identification Card Except as expressly amended herein, all other provisions of the January 2008 - December 31, 2010 collective bargaining agreement and January 26, 2011 MOU between the City of Aubum and Intemational Association of Machinists and Aerospace Workers, District Lodge No. 160 remain in effect. Signed this day of , 2011, at Aubum, Washington CITY OF AUBURN INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO 160 By: By: enda Heineman epresentative Director of Human Resources L:1Collective BargainingWonComm\CBA2011-131JAM MOU - Equipmerrt 0411.doc