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HomeMy WebLinkAbout2010-03-12 - AFSCME, AFL-CIO Local 846-W - Collective Bargaining Agreements (2)City of East Wenatchee, Union January 1, 2010 through December 31, 2010 COLLECTIVE BARGAINING AGREEMENT Between CITY OF EAST WENATCHEE And WASHINGTON STATE COUNCIL OF COUNTY & CITY EMPLOYEES, AFSCME, AFL-CIO, LOCAL 846-W January 1, 2010 through December 31, 2010 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Table of Contents pnrF PREAMBLE................................................................................................................. 3 RECOGNITION........................................................................................................... 3 PURPOSE................................................................................................................... 3 UNIONSECURITY...................................................................................................... 3 MANAGEMENTRIGHTS............................................................................................ 4 SUB -CONTRACTING OF PUBLIC WORKS............................................................... 4 DEFINITIONS.............................................................................................................. 4 NON-DISCRIMINATION............................................................................................. 6 DUESCHECK OFF..................................................................................................... 6 GRIEVANCE PROCEDURE....................................................................................... 6 SENIORITY AND LAYOFF PROCEDURES.............................................................. 8 JOBPOSTING............................................................................................................ 10 HOURSOF WORK..................................................................................................... 11 13.1 Work Schedule/Shifts................................................................................. 11 13.2 Workday......................................................................................................11 13.3 Workweek................................................................................................... 11 13.4 Adjustment of Working Hours..................................................................... 11 13.5 Temporary Shift Changes........................................................................... 11 13.6 Rest Period................................................................................................. 11 13.7 Personal Clean -Up Time............................................................................ 11 13.8 Call Back..................................................................................................... 11 OVERTIMEPAY......................................................................................................... 12 ADMINISTRATIVE POLICY —SALARIES .................................................................. 12 15.1 Payment of Salaries.................................................................................... 12 15.2 Salary Schedules........................................................................................ 13 15.3 Administration of Salaries........................................................................... 13 15.4 Salary Rate Upon Initial Employment......................................................... 13 15.5 Salary Steps............................................................................................... 13 15.6 Salary Rate Upon Promotion...................................................................... 13 15.7 Salary Rate Upon Demotion....................................................................... 14 15.8 Job Classification Changes and New Positions ......................................... 14 15.9 Wages.........................................................................................................14 SPECIAL COMPENSATION PROVISIONS................................................................14 16.1 Salary When Working Out of Classification................................................ 14 16.2 Longevity Pay............................................................................................. 15 16.3 Special Licenses, Certificates, etc.............................................................. 15 HOLIDAYS.................................................................................................................. 15 17.3 Holiday Pay................................................................................................. 16 17.5 Weekend Holidays...................................................................................... 16 VACATIONS................................................................................................................ 17 SICKLEAVE............................................................................................................... 18 ADJUSTMENT FOR WORKMEN'S COMPENSATION .............................................. 19 OTHERLEAVES......................................................................................................... 20 21.1 Leave of Absence....................................................................................... 20 21.2 Military Leave.............................................................................................. 20 21.3 Jury Duty..................................................................................................... 21 21.4 Educational Leave...................................................................................... 21 21.5 Leave for Pregnancy Disability and Family Medical Leave ........................ 21 1 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 TABLE OF CONTENTS Continued: 22 GENERAL PROVISIONS .......................................... 22.1 Union Business ......................................... 22.2 Union Business Bulletin Board and E-Mail 22.3 Union Business Leave ............................... 22.4 Union Stewards ......................................... 22.5 New and Terminated Employees .............. 22.6 Labor -Management Meetings .................... 22.7 Printing of the Labor Agreement ................ 22.8 Uniforms and Protective Clothing .............. 22.9 On -Call Incentive ....................................... 22.10 Payment of Tuition ..................................... 22.12 Progressive Discipline ............................... 23 HEALTH AND WELFARE .......................................... 24 SUPPLEMENTAL AGREEMENT ............................... 25 SAVINGS CLAUSE .................................................... 26 ENTIRE AGREEMENT .............................................. 27 STRIKES AND LOCKOUTS ...................................... 28 DURATION OF AGREEMENT ................................... APPENDIX "A" — 2010 PAY PLAN ............................................. 21 ............................................. 21 ........................... I................. 21 ............................................. 22 ............................................. 22 ............................................. 22 ............................................. 22 ............................................. 22 ............................................. 22 ............................................. 22 ............................................. 23 ............................................. 23 ............................................. 24 .............. I ............. I................ 25 ............................................. 25 ............................................. 25 ............................................. 25 ............................................. 26 27 2 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 ARTICLE 1- PREAMBLE THIS AGREEMENT is between the City of East Wenatchee ("City"), and the Washington State Council of County and City Employees, Local 846-W, AFSCME, AFL- CIO ("Union"). The purpose of this Agreement is to: promote harmonious relations between the City and the Union; establish an equitable and peaceful procedure to resolve differences; and establish rates of pay, hours of work and other conditions of employment. ARTICLE 2 - RECOGNITION The City recognizes the Union as the sole and exclusive Bargaining Agent for the purpose of establishing wages, benefits, hours of work, and other conditions of employment for all regular full-time and part-time employees at City of East Wenatchee as certified by the Public Employment Relations Commission (Case #22323-E-09- 3441), excluding Department Heads, Police Department Employees and confidential employees. ARTICLE 3 - PURPOSE The City and the Union mutually agree to work together individually and collectively to meet the production requirements of each department to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City Government. ARTICLE 4 - UNION SECURITY Employees who are members of the Union during this Agreement shall maintain their membership during the term of this Agreement. Employees presently or in the future employed by the City covered by AFSCME Local 846-W shall be enrolled at the time of hire; those who refuse to enroll will be dismissed from City employment. Rights of non -association shall be protected as provided for in R.C.W. 41.56.122(1). As per Union requirements, the Union shall represent probationary employees during the probationary period except that newly hired probationary employees may be discharged at any time without cause and without the right of appeal under the terms of this contract. 3 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 ARTICLE 5 - MANAGEMENT RIGHTS Unless otherwise provided by the terms of this Agreement, the City retains the exclusive right to manage and operate the City. The City has the authority to adopt rules for the operation of the City and conduct of its employees, provided such rules are not in conflict with the provisions of this Agreement or with applicable law. The City has the right, but not limited to: assignment of work; determination of the number of personnel to be assigned duty at any time; and the performance of all other functions not otherwise expressly limited by this Agreement. ARTICLE 6 - SUB -CONTRACTING OF PUBLIC WORK In the event the City determines to reduce or eliminate bargaining unit positions in any department, the City shall give the Union at least sixty (60) days notice to negotiate. The Union may elect to use fact-finding regarding the status of employees. The layoff provisions of Article 11 shall apply in the event of displaced employees. ARTICLE 7 - DEFINITIONS 7.1 "CITY' means the City of East Wenatchee. 7.2 "UNION" means Local 846-W, Washington State Council of County and City Employees, AFSCME, AFL CIO. 7.3 "EMPLOYEE" means all reference to "employee" in this Agreement designating both sexes. 7.4 "TEMPORARY EMPLOYEE" means a seasonal or temporary hire of no more than six (6) months in a twelve (12) month period. The City will not use temporary employees to supplant, avoid filling, or avoid creating a regular position. If a temporary position becomes regular, the job shall be posted as per the provisions of Article 12 of this agreement. The temporary appointment may be extended with agreement of the Union. 7.5 "REGULAR PART-TIME EMPLOYEE" means employees who work less than eight (8) hours a day and/or forty (40) hours a week on a regular basis. Those benefits normally paid and/or provided to regular employees by the City will be paid and/or provided to regular part-time employees on a prorated basis. For example, a regular part-time employee who works 20 hours per week will receive 50% of the City paid benefits, and 100% mandated benefits per State and Federal law. El City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 7.6 "REGULAR EMPLOYEE" means an employee who has successfully completed the probationary period and has had no break in service in a position established as a regular position. Regular full-time employees are scheduled for eight (8) hours a day and/or forty (40) hours a week on a regular basis. 7.6 "PROBATIONARY PERIOD" means the completion of a six (6) month trial period of employment beginning with the effective date of hire or rehire in the City service. Such probationary period may be extended beyond six (6) months if there is mutual agreement between the Union and the City that additional time is needed prior to a decision as to the regular status of the employee. Promotions, transfers, demotions or voluntary demotions to a position of less pay will have a thirty (30) day trial period, after which the employee will either remain in the position or return to their original position. 7.7.a Promotions to a management position from the bargaining unit will have a trial period in accordance with Article 12.2, after which the employee will either remain in the position or return to their original position. 7.8 "TRANSFER" means the voluntary movement of an employee from a classified position to a related classification having the same pay grade when no promotion or demotion is involved except when a transfer is City directed as an option in lieu of layoff or termination, or temporary reassignment of duties not to exceed sixty (60) days. 7.9 "PROMOTION" means progression to a higher position or classification of service. 7.10 "DEMOTION" means the reduction of an employee to a lower position or classification of service. 7.11 "DEPARTMENT DIRECTOR" means the individual responsible for one of the following departments: Public Works, Community Development, Finance, Court, and City Clerk. 7.12 "APPENDIX" - All Appendixes to this agreement shall be considered part of this agreement. 7.13 "FLEXIBLE WORKDAY" - Alternate hours of work or schedules from the traditional work day requested by the City or employee, that still meets the need of the City allows employees to vary their starting and ending hours while requiring them to be present during hours set by the City, and provides a 40 hour work week with notice to the Union. 5 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 7.14 Grievance" means any dispute involving the interpretation, application or alleged violation of any provision of this Agreement. 7.15 "JUST CAUSE" includes, but is not limited to: 7.15.1 Conviction of a felony; 7.15.2 Sexual or other unlawful or unwelcome harassment or discrimination; 7.15.3 Intentionally causing bodily harm to another employee; 7.15.4 Theft or vandalism of City property; 7.15.5 Falsification of City records; 7.15.6 Reporting to work under the influence of alcohol or illegal drugs; 7.15.7 Possession, distribution, sale, transfer, or use of alcohol or illegal drug in the workplace; 7.15.8 Gross negligence or improper conduct leading to damage of City -owned property; 7.15.9 Gross insubordination; 7.15.10 Using threatening language. ARTICLE 8 - NON-DISCRIMINATION 8.1 The City agrees not to discriminate against any employee on the basis of their activity on behalf of, or for membership in, the Union. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 8.2 Neither the City nor the Union shall discriminate against any applicant or employee on the basis of race, religion, creed, sex, age, marital status, sexual orientation, or sensory, mental or physical disabilities. ARTICLE 9 - DUES CHECK OFF R.C.W. 41.56.110 is as follows: "Upon the written authorization of any public employee within the bargaining unit and after the certification or recognition of such bargaining representatives, the City shall deduct from the pay of such public employee the monthly amount as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative". ARTICLE 10 - GRIEVANCE PROCEDURE 10.1 Grievances or disputes, which may arise, shall be settled in the following manner: 0 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 10.1.1 Level 1. An aggrieved employee or the Union shall submit a written grievance to his/her Department Head within ten (10) working days of its occurrence, or within ten (10) working days of the date on which the employee or Union first discovered it. Within ten (10) working days of receiving the grievance, the Department Head shall investigate the grievance and provide a written answer to the aggrieved employee/Union. 10.1.2 Level 2. If the aggrieved employee or Union is not satisfied with the Department Head's written answer, he/she shall submit a written grievance to the Mayor within ten (10) working days. Within ten (10) working days of receiving the grievance, the Mayor shall provide a written answer to the aggrieve employee. 10.1.3 Arbitration. Within fifteen (15) working days of the aggrieved employee receiving the Mayor's written answer, the Union may request independent arbitration of the matter. The Union shall present its request to the City by personal service or by mail. The Union and the City shall attempt to agree upon an Arbitrator. Should the City and the Union be unable to agree upon an Arbitrator within ten (10) working days after notice to arbitrate is given, then either party may request the Washington State Public Employment Relations Commission to provide a list of seven (7) arbitrators from which the parties may select one (1) person. The representatives of the City and Union shall alternately eliminate one name from the list until only one remains. The parties shall flip a coin to determine who will be the first to eliminate a name from the list. Each will alternately strike one of the names until only one (1) name remains, which will serve as the arbitrator. In conducting the hearing, the Arbitrator has the power to administer oaths, issue subpoenas, receive relevant evidence, compel the production of books and papers relevant to the hearing, and question witnesses. The decision of the Arbitrator shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City which is beyond its jurisdiction nor shall the decision have the authority to amend, alter or modify this Agreement, and its terms shall be limited to the interpretation and application of this Agreement. Expenses for the Arbitrator's service and the proceedings shall be borne completely by the party who received the unfavorable decision. However, each party shall be responsible for compensating its own representative, attorneys, and witnesses in any case. The findings of the Arbitrator shall be certified in writing to the Mayor and shall be forthwith enforced. In the event of a mixed 7 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 decision the Arbitrator shall determine which party shall bear the expenses of arbitration. 10.2 The above time limits may be changed by mutual agreement between the Union and City. 10.3 "Working Day" as used in this Article shall be defined as Monday through Friday excluding Saturday, Sunday and holidays. ARTICLE 11- SENIORITY AND LAYOFF PROCEDURES 11.1 Seniority means an employee's length of continuous service within the bargaining unit. (For the purpose of this initial contract, the employees who are currently in the bargaining unit on the effective date of this agreement the date will be their original date of hire with the City.) a. The City shall post a current seniority list on a quarterly basis and shall provide a copy of the seniority list to the Union. The employee will notify the City within thirty (30) days after posting the seniority list of any error on the list. b. Employees on an authorized Washington State Industrial Insurance claim for an on-the-job injury or illness shall continue to earn seniority during the term of the claim. 11.2 All employees will be classified as regular status employees upon completion of the probation period and will receive the wages, benefits and working conditions outlined by the Agreement for employees in that classification. 11.3 An employee's continuous service record shall be broken by voluntary resignation, layoff for a period of one (1) year, discharge for just cause and retirement. During a layoff period, an employee will not accrue seniority, vacation leave or sick leave. However, if an employee is recalled within one (1) year, they will not lose seniority; and their sick leave balance if not previously cashed out will be reinstated. 11.4 During the probationary period a new employee: (a) will not have seniority or other job rights; (b) may be laid off or terminated at the discretion of the City; (c) will be evaluated by the Department Director; E'� City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 (d) will not be granted an extension of probationary period except as provided in Article 7.7, and Article 12.2. 11.5 When and if it becomes necessary to layoff any employee or employees, the last person hired in a particular position or job classification shall be the first laid off, and the last person laid off shall be the first person hired. No employee has the right to bump another employee from a position. 11.5.1 All temporary and probationary employees shall be laid off first in the order stated prior to any regular full-time or part-time employee being laid off. All regular full-time or part-time employees will be reinstated before hiring temporary or probationary employees. Per 11.3, the prohibition on hiring temps will expire either 1) one (1) year from the initial layoff(s), or 2) upon the reinstatement of laid off employee(s) in the prior twelve (12) months. 11.5.1.a In the event of a reduction in force, the City shall notify both the affected employee(s) and the Union two (2) months in advance of the effective date. 11.5.1.b Employees designated for layoff shall be eligible for promotion, transfer, or demotion into any open position in any other classification for which they meet the minimum qualifications. The City shall make every reasonable effort to accomplish layoffs through attrition. Prior to opening a position to the public, any laid off employee(s) shall be given first consideration. 11.5.1.c The City will notify all laid off employee(s) of all job openings within the City for the twelve (12) month recall period by certified mail, return receipt requested, to the last address of record. It is the employee's responsibility to keep the City advised of any change of address. 11.5.1.d Employees on layoff who have been offered reemployment and who fail to acknowledge availability for work within fourteen (14) work days after receipt of notice shall be removed from the reinstatement list. 11.6 In the event that an employee with the greatest amount of seniority does not elect to accept an available position with a higher rating, then and in that case, the next employee in rank of seniority and qualifications shall be eligible. In the event the seniority list shall become exhausted, the City then has the right to offer an employee with less than six (6) months of service, or hire a new employee for the position involved. 9 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 11.7 In the event of a question as to the capabilities of an employee bidding for a position of a higher qualification, the City shall make the decision based on past performance and ability. Any disagreement will be handled through the grievance procedure in Article 10. ARTICLE 12 - JOB POSTING 12.1 When a vacancy occurs in a job classification covered by this Agreement, and if the City has authorized it to be refilled, the posting shall be posted by the City and filled as follows: a. The City shall post a vacancy for two (2) working days in the division in which the vacancy is in, giving first consideration to those employees within that division. b. The City shall post a vacancy for five (5) working days in all City departments. The City shall send a copy of the posting to the Union. c. In filling a vacancy, the City shall consider the following factors: 1. Ability to perform the essential functions of the job; 2. Qualifications; 3. Seniority within the division; 4. Seniority within the City. 12.2 Any promotion or City directed transfer shall be considered temporary for a probationary period of thirty (30) calendar days. If during the probationary period, the City or employee should decide he/she is unsuited for the job, the employee will revert to his/her former position, classification and salary rate. By mutual agreement, the City and the Union may extend the probationary period for thirty (30) additional calendar days. 12.3 In the event an employee accepts a job change due to promotion, voluntary demotion or voluntary transfer, and in spite of conscientious effort fails to meet job standards or decides he/she does not want to continue in the position within the thirty (30) day trial period, he/she will revert to his/her former position without prejudice on the part of either party. The provisions of this article do not apply to job changes involving demotions or in cases of job changes resulting from layoff situations. 10 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 ARTICLE 13 - HOURS OF WORK 13.1 Work Schedule/Shifts. All employees will have a designated work schedule/shift with an established starting time and quitting time. Work schedules/shifts shall be posted on the bulletin board. 13.2 Workday: A workday is a fixed and regularly reoccurring period of 24 hours. 13.3 Workweek. A workweek is a fixed and regularly reocurring period of one hundred sixty-eight hours or seven consecutive twenty -four-hour periods. 13.4 Adjustment of Working Hours. Temporary adjustments in the normal working hours of the employees for the convenience of the City and the employees shall not be construed to be in conflict with this Agreement. Prior to any temporary adjustment, discussions shall be held with the employee(s) and their representative(s). There shall be a minimum of two (2) week's notice given prior to such temporary changes being made except for emergency conditions or unless all involved employees waive the two (2) week's notice. 13.5 Temporary Shift Changes. When necessary for maintaining the continuity of delivery of City services, the City may assign temporary shift changes at any time. In cases when three (3) days advance notice of a temporary shift change is provided, "Call Back Pay" in 14.3 will not prevail. If employees in the same job group/classification are in agreement with the City for a temporary shift change, then they may waive the three (3) day notice and "Call Back Pay" in 14.3 will not prevail. 13.6 Rest Period. All employees' work schedules shall provide for a fifteen (15) minute rest period during each one-half (1/2) shift. The rest period shall be scheduled at the middle of each one-half (1/2) shift whenever this is feasible. 13.7 Personal Clean -Up Time. The Department Director and/or designee shall have sole discretion over the need for, amount of, and duration of personal clean-up time, if any, to be made available to the employees in their department. Personal clean-up time may be made available to individual employees, teams, sections, divisions or other work groups, and/or the department as a whole upon the sole discretion of the Department Director and/or designee concerned. 13.8 Call Back. This section addresses Call Back compensation to an employee who comes to work during off -duty hours to perform unforeseen or emergency duties. This provision allows the employee freedom to attend to his/her personal interests while still having the ability to respond. Compensation begins the moment an employee arrives at City Hall. For Public Works personnel such compensation continues until the City service vehicle is returned to the shop and the employee cleans up to return home. 11 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 An employee called back to work other than during his/her scheduled work shift shall be paid a minimum of two (2) hours pay at the time and one-half (1 '/2) provisions contained in Sections 14.2 above. Time worked beyond the 2-hour minimum shall be paid at the overtime rate. A Called -Back employee will be responsible for driving his/her own vehicle to the city shop to pick up a service vehicle before responding to an emergency. No mileage will be paid to employees for use of a personal vehicle to travel between home and work. ARTICLE 14 OVERTIME PAY 14.1 Employees covered by this Agreement shall be compensated at time and one- half (1 Y2) their regular rate of pay for all hours over 40. 14.2 All work performed in a work week will include authorized vacation, sick leave and compensatory time off. 14.3 Employees will have the option of receiving overtime payment at the rate of time and one-half (1 '/2) for overtime hours worked, or they may request compensatory time off at the time and one-half (1 '/2) rate in lieu of receiving overtime pay. Compensatory time off shall be granted at the request of the employee and with the approval of the City. Compensatory time will be cashed out by November 30th of each year. Vacation may be used prior to taking compensatory time. 14.4 While the employee's preference to work or not work overtime will be given due consideration, the essential nature of City services shall be considered the compelling factor. Overtime work shall be distributed as equitably as possible, in order of rotation within a job group/classification. 14.5 Overtime rates shall not be paid more than once for the same hours worked. (All overtime must have the authorization of the Department Director or designee if compensation therefore is to be effected.) 14.6 Overtime or Call Back Pay shall not prevail if it is a result of adjustment in working hours as provided for in 13.4 or 13.2. ARTICLE 15 - ADMINISTRATIVE POLICY - SALARIES 15.1 Payment of Salaries. The salaries and wages of employees covered by this Agreement shall be paid on or before the fifth (5th) of each month. In the event that payday falls on a holiday, the paychecks shall be made available on the preceding day. 12 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 15.2 Salary Schedules. All regular, full-time, and part-time employees covered by this Agreement shall be compensated according to the salary ranges assigned to the respective classifications in Appendix "A" attached to and considered a part of this Agreement, and the regulations for salary administration contained in this article. 15.3 Administration of Salaries. The salaries for employees covered by this Agreement will be administered in accordance with the following guidelines: 15.4 Salary Rate Upon Initial Employment: a. Upon initial employment, the entrance rate shall normally be the minimum rate of the range for the class of the position involved. In cases where the City believes the circumstances warrant entrance at a rate above the minimum rate, not to exceed Step three (3) of the salary range, this action may be authorized. b. In cases where an employee enters the service in a "trainee capacity", the hiring rate will be reduced by five percent (5%) for a maximum of a one-year period of anticipated training required to reach fully qualified performance. 15.5 Employees shall move through the steps of the salary schedule in accord with the terms and provisions of this contract. No employee shall receive more than a regular one step increase during the course of any 12 months of employment. 15.6 Salary Rate Upon Promotion: (a) Upon promotion to a position of a higher classification, the new salary rate shall be the minimum rate (first step) within the new classification, which will represent an increase within the new wage range for the employee. Consideration may be given by the City to promote an employee to a step in the new classification higher than the minimum step as defined in this paragraph if the qualifications of the employee warrant such a circumstance. The provisions of this paragraph do not apply in cases where employees are promoted in a "trainee" capacity. Promotions shall be subject to the thirty (30) day probationary period as outlined in Section 12.2. (b) In cases where an employee is promoted to a higher classification in a "trainee" capacity, his/her salary will remain unchanged (except for changes to the pay plan overall) until such time as the employee successfully completes the required training, which will not be less than six (6) months but not more than a year. The employee may opt to return to his/her original classification/ position during this period of time, and the 13 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 City may return the employee to his/her original classification/position during this period of time if the training is not resulting in the employee's successfully qualifying for the new position. When the trainee's Department Director determines that the prescribed training has been successfully completed, and upon the Department Director's recommendation, the employee's shall be at the rate for the higher classification set forth in Appendix A. 15.7 Salary Rate Upon Demotion: Upon demotion due to lack of work or layoff, or at the request of the employee, the new salary rate shall be the same step in the salary range assigned to the lower classification. 15.8 Job Classification Changes and New Positions: a. The position classifications as listed in Appendix "A" shall be maintained in such a way as to accurately reflect the nature and appropriate compensation for the work performed in the job class. b. In the event of the creation of a new job classification, the City shall provide a written notice to the Union concerning the proposed rate of pay and rationales for the new position. The Union may request that the City negotiate the wage rate. Nothing shall prevent the City from hiring an employee pending the outcome of negotiations. C. For the purpose of negotiations, reclassifications, and establishing rates for new positions, the parties herewith recognize that the City and the Union will consider local labor market and comparable cities' wage and benefit rates as relevant criteria for presenting proposals. 15.9 Wages The rates of pay for employees are set forth in Appendix "A" which by this reference is incorporated as if fully set forth herein. Effective January 1, 2010, wages are set forth in Appendix A. ARTICLE 16 - SPECIAL COMPENSATION PROVISIONS 16.1 Salary When Working Out of Classification. Employee(s) assigned to fill a vacancy in a higher level classification for a period of two (2) days or more within one work week, or a period of five (5) days or more within any calendar month, will receive up to a five percent (5%) increase for such hours worked. This five percent (5%) increase will be retroactively paid to the first day of such assigned work and continue until the assigned work at the higher classification ceases. 14 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 16.2 Longevity Pay. Employees shall receive longevity pay based on the continuous length of service from the last date of hire. Longevity pay shall be in addition to the employee's base rate of pay as follows: After 5 or more years of service, 1 % per month After 10 or more years of service, 2% per month After 15 or more years of service, 3% per month After 20 or more years of service, 4% per month After 25 or more years of service, 5% per month Longevity pay shall begin on the employee's anniversary date, pro -rated for the month, and paid on the 5th of the following month. For example, an employee whose anniversary is September 18 would be paid 18/30ths of the longevity fTiT•Tix�Y� 16.3 Special licenses, certificates, etc. The City shall pay the applicable fees for renewing special licenses, certificates, etc. if such is required to be maintained as a condition of employment with the City. 16.4 Education Incentive Pay: Employees who have worked a minimum of 1,250 hours for the City, will be eligible to be paid an educational incentive stipend for a job -related degree, in accordance with the following schedule: AA degree: One and one-half percent (1 Y2%) of the employee's base monthly salary. BA, BS degree: Three percent (3%) of the employee's base monthly salary. MA, MS degree: Five percent (5%) of the employee's base monthly salary. All degrees considered for education incentive pay must be completed while employed with the City and without any financial assistance from the City. Employees who receive tuition reimbursement under Section 22.10 or Section 22.11 will not be eligible to receive education incentive pay. Requests for education incentive pay must be received within six months of completing the degree. No retroactive pay increases will be granted for degrees completed prior to initial placement in current position. ARTICLE 17 - HOLIDAYS 17.1 Holidays. The City shall recognize the following days as paid holidays for regular, full and part time employees covered by this Agreement. 15 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 New Year's Day (January 1) Martin Luther King Day (Third Monday of January) Presidents' Day (Third Monday of February) Memorial Day (Last Monday of May) Fourth of July Labor Day (First Monday in September) Veterans' Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (December 25th) One Floating Holiday mutually agreed to in advance by the City and Employee 17.2 To be eligible for holiday pay, the employee must work his/her scheduled workday before and after the paid holiday, unless he/she is on an excused absence. 17.3 Holiday Pay. Eligible employees shall receive one day's pay at their regular hourly rate for each of the holidays listed above on which they perform no work. 17.4 When any of the above -named holidays occur on a normal business day (Monday through Friday), eligible employees, with the exception of continuous operation and essential personnel, will be granted time off duty. 17.5 Weekend Holidays. When any day observed as a holiday by the City falls on a Sunday, the following Monday will be observed as a regular holiday. When any of the above -recognized holidays fall on a Saturday, the holiday will be observed on the proceeding Friday. 17.6 The above policy is applicable for employees on a five (5) day, Monday -through -Friday, schedule. 17.7 For employees on a schedule other than a Monday -through -Friday workweek, the following will apply. a. When a holiday observed by the City falls on an employee's first day of rest, the preceding day shall be recognized as his/her holiday. b. When a holiday observed by the City falls on an employee's second day of rest, the following day shall be recognized as his/her holiday. C. If the employee is required to work on his/her holiday as outlined in 17.5, 17.6 and 17.7 (a) and (b) above, due to essential operations, he/she will be compensated for that day as outlined in the following Section 17.8. 16 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 17.8 All regular employees covered by this Agreement shall be compensated at one and one-half (1 '/2) times their regular hourly rate for all hours worked on the holiday in addition to their holiday pay at their regular hourly rate. 17.9 Part-time employees shall be paid for hours worked on the holiday on a prorated basis. ARTICLE 18 - VACATIONS 18.1 Vacation leave shall accrue for regular full-time employees under the following schedule: Years of Employment 0-4 years 5-9 years 10-14years 15 — 19 years 20 — 24 years 25 + years Vacation Hours Earned 6.67 hours / month 10.00 hours / month 11.33 hours / month 13.33 hours / month 15.33 hours / month 17.33 hours / month 18.2 Vacation leave with pay computed at the same rate according to the time actually worked shall also be allowed to eligible regular part-time employees. 18.3 Vacation leave is initially earned by an employee of the City at the rate as listed above for each month of completed service. Vacation leave is not available to the employee until he/she has completed six (6) consecutive months of employment. Vacation leave shall be computed on a monthly basis provided that, when the rate of accrual of vacation leave is to increase, such increase will occur in the month following the date in which that employee completes the required time in service which qualifies the employee for the increased vacation leave. A rehired employee shall be considered a new employee and must also have six (6) months of continuous employment. 18.4 Any portion or the entire annual vacation leave earned prior to but not including the current calendar month is available for use by the employee. 18.5 Two hundred forty (240) hours is the maximum number of Vacation leave hours an employee may carry over from December 31 of one year to January of the next year. Days not carried over shall be lost. 18.6 All accumulated vacation leave is allowed when an employee of more than six (6) months' employment leaves the City employment for any reason. In case of death, all accumulated vacation leave is paid to the estate of the employee. All payments as to unused vacation leave are based on the employee's salary at the 17 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 time of separation or death; provided, however, that upon such termination of employment, including death, vacation leave shall not exceed payment for thirty (30) days, or two hundred forty (240) hours. 18.7 All regular employees covered by this Agreement are expected to utilize a minimum of forty (40) hours of vacation leave each year. (1) Employees may use vacation time in increments as small as one (1) hour. Each department shall develop a method for determining vacations, which shall provide for flexibility to the employee and avoid scheduling problems for the City. (2) In the event that scheduling problems preclude two or more employees from taking vacation at the same time, the senior employee will receive preference, provided that if the junior employee has a scheduled vacation approved, a senior employee cannot displace that vacation within the last month prior to the start of the vacation. (Note: this section may be waived by the departmental policy described in (1) above upon mutual consent of the City and the Union). (3) An employee shall submit leave requests to his/her department head at least two weeks before he/she intends to take vacation leave that he/she expects to last more than one day. Emergency leave may be requested by the employee as needed. (4) The City may not unreasonably withhold approval of vacation leave. Examples of conditions where vacation may be appropriately denied include reasonable work -force requirements or insufficient notice. The City will acknowledge the employee's request within four (4) hours of receiving the request. The City is required to give an approval or denial in a timely manner. 18.8 Holiday During Vacation Leave. Should an employee be on authorized vacation when a holiday occurs, such holiday shall not be charged against vacation leave. ARTICLE 19 - SICK LEAVE 19.1 Regular employees covered by this Agreement will accumulate sick leave at the rate of eight (8) hours for one full month's service. 960 hours is the maximum number of sick leave hours an employee may carry over from December 31 of one year to January of the next year. Hours not used or not carried over shall be cashed out at the employee's current rate of pay at the time of this payout into a VEBA account in the name of the employee. 18 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 19.2 Sick leave shall be granted for the following reasons: a. Personal illness or physical incapacity of the employee resulting from causes beyond the employee's control. b. Enforced quarantine of the employee in accordance with community health regulations. C. Doctor or dental appointments. d. Serious illness, injury or death in the employee's immediate family requiring the attendance of the employee (funerals are included). Leave for such reason shall be limited to five (5) days in any one instance. "Immediate family" includes only persons related by blood or marriage or legal adoption in the degree of close relationship of wife, husband, parent, grandparent, brother, sister, child or grandchild of the employee, but not aunt, uncle, cousin, niece or nephew unless living in the employee's household. 19.3 When an employee goes on sick leave, they must notify their supervisor immediately. Failure to do so may result in denial of sick leave pay. To receive sick leave pay in excess of three (3) working days, the City may require a statement by a physician certifying that the employee's conditions prevented them from performing the duties of their position. In addition, a physician's statement may be required for sick leave taken under three (3) days. 19.4 Absence for a part of a day for reasons in accordance with the sick leave provisions shall be charged against accrued sick leave on an hourly basis. Holidays and other regular days off shall not be charged against sick leave. 19.5 Employees, after five (5) years of continuous service, shall be compensated in the form of cash or payment of medical premiums (at the employee's choice) for twenty-five percent (25%) of all accumulated unused sick leave up to a maximum of one hundred twenty (120) days accrual when they are separated from employment as a result of discharge (except discharge for cause), retirement or death. In the event of death, payment is made to the employee's estate. ARTICLE 20 - ADJUSTMENT FOR WORKMEN'S COMPENSATION 20.1 For a period of absence from work due to injury or occupational disease resulting from employment, the employee shall file an application for Workmen's Compensation in accordance with State Law. To ensure prompt enrollment for benefits, employees must report work related illness or injury 1) to their 19 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 immediate supervisor, and 2) to the health care provider and request the official Workman's Compensation form at the time of treatment. The City's preference is for employees to see treatment at the Wenatchee Valley Clinic Occupational Health Department. 20.2 If the employee has accumulated sick or vacation leave credit, the City shall pay the difference between time loss compensation and full regular salary unless the employee elects not to utilize sick leave. Deductions will be made from sick leave first and then vacation leave. 20.3 Should an employee receive Workers' Compensation for time loss and use their leave bank they must sign their L&I time loss check over to the City and turn it into payroll. Payroll will then credit their leave bank for the time the employee bought back with the L&I check. The buy back is calculated by dividing the L&I time loss check by the employee's hourly rate and rounding to the nearest hour. If the employee took leave for the same period they were paid time loss and does not turn the time loss check into payroll the employee's pay will be reduced by the amount of the L&I time loss check. 20.4 Until eligibility for Workers' Compensation is determined by the Department of Labor and Industries, the City may pay full sick leave. The employee shall return any subsequent overpayment to the City (through the payroll division) and such sick leave shall be credited to the employee in the amount covered by the overpayment. 20.5 Should any employee apply for Industrial Insurance time loss compensation and in the event that this claim is denied, sick leave and vacation leave may be used for such absence. 20.6 Nothing herein pertains to permanent disability award 20.7 In an effort to reduce L&I claim costs and to assist employees to return to work, the City may exercise the right to offer light duty work. Consideration will be identification of meaningful light -duty assignments. The analysis will include consultation with the healthcare provider, L&I personnel, the employee andrthe approval of management. ARTICLE 21 - OTHER LEAVES 21.1 Leave Absence. At its discretion, the City may grant a leave of absence without pay. 21.2 Military Service. Any employee who is a member of a reserve force of the 20 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 United States, or of this State, and who is ordered by the appropriate authorities to attend a training program, or perform other duties under the supervision of the United States, or this State, shall be granted a leave of absence during the period of such activity. The same shall apply to employees who serve the United States as a result of the Selective Service Act. 21.3 Jury Duty. The City encourages employees to serve on jury duty when they receive a summons. Employees summoned for jury duty shall suffer no loss of pay. Employees called during the day shall report immediately by phone to their supervisor for instructions as to whether to report for work during the remainder of the workday. Employees shall maintain their regular pay during such leave with no charges to their vacation bank. The employee is entitled to keep reimbursement for mileage expenses paid by the court and any other payments for jury service. 21.4 Educational Leave. Educational leave shall be administered in accordance with personnel policies and regulations established by the City. 21.5 Leave for Pregnancy Disability and Family Medical Leave shall be granted in accordance with State and Federal laws. Determining Leave of Availability, FMLA is available for up to twelve (12) weeks during a twelve (12) month period. For purposes of calculating leave availability; the twelve (12) month period is calendar year January 1 to December 31. ARTICLE 22 - GENERAL PROVISIONS 22.1 Union Business. The City agrees that accredited representatives of Washington State Council of County and City Employees, whether local or international representatives, shall have reasonable access to the premises of the City at any time during working hours with prior approval of Management, for the purpose of administering the Agreement, negotiation of new contractual items, or investigating problems when such investigations may forestall grievances or disputes. Other matters of mutual concern shall be brought to the labor-management meetings for the purpose of discussing an acceptable method to solve each problem. For all items in this section union employees will give a three (3) day notice to their immediate supervisor for approval for scheduled absence. 22.2 Union Business Bulletin Board and E-mail. The City agrees to furnish space for the Union to install and maintain suitable bulletin boards by the Union. Material deemed to be offensive to the City or the morale of the employees shall not be permitted. It is specifically understood that no notice of a discriminatory or political nature, nor notice that would be offensive to a reasonable person shall be posted. 21 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 22.3 Union Business Leave. The City shall afford the Union's negotiating committee members the necessary amount of time, without loss of pay, to conduct contract negotiations, grievance hearings and/or labor-management meetings during working hours, provided that such time does not interfere with City operations (see 22.1 regarding notification to the immediate supervisor). 22.4 Union Stewards. Within one calendar week of selecting a Union steward or other Union representatives who may represent employees, the Union shall provide the City with written certification of the selection(s). 22.5 New and Terminated Employees. A designated Union officer may inquire and may be given the names of all new eligible bargaining unit employees who are hired or terminated during the month. 22.6 Labor Management Meetings. The parties mutually agree that the Negotiating Committees for the Union and the City shall conduct regular labor/management meetings for the purpose of resolving problems that may arise. Safety items shall be included as eligible topics for discussion in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more often by mutual agreement (see 22.1 regarding scheduling). 22.7 Printing of the Labor Agreement. The City and the Union mutually agree to share the cost equally of producing the required number of contract copies. 22.8 Uniforms and Protective Clothing. The City agrees to supply the necessary safety equipment as required by Washington State Labor and Industries safety regulations and as administered by the City Safety Committee. 22.8.a The City will provide and the employee shall take all necessary training for the proper use and maintenance of such special equipment as determined by the City or required by law. 22.9 On -Call Incentive. If the City requires an employee to carry an electronic device (beeper/radio/pager) which may result in a need to respond to the workplace outside of normal working hours, the City will grant said employee eight (8) hours of leave, or ten (10) hours of straight time pay for every seven (7) days on which the device is required to be carried. In addition, any employee required to carry such a device on a holiday will be granted four (4) additional hours of leave or five (5) hours of straight time pay in addition to his/her normal incentive for carry the electronic device. Such leave days will be scheduled by the City and the employee such that normal operations of the department are not disrupted. This incentive is not intended to reflect compensable work, but rather to cover the inconvenience of carrying a beeper/radio/pager. 22 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 In the event an employee cannot carry the electronic device for seven (7) days consecutively that employee shall be paid one point one four (1.14) hours of leave or one point four three (1.43) hours of straight time pay at his/her scale for each day carried. It is the responsibility of the employee to notify the supervisor if they are not able to be on -call. 22.10 Payment of Tuition. The City shall pay the cost of tuition for all courses the City requires an employee to attend. 22.11 For the courses the City does not require an employee to attend, the City will reimburse employees for the tuition cost of course if all of the following conditions are met: 22.11.a The Mayor determines that the City has the financial capability to pay for the cost of tuition. 22.11.b The Mayor determines, in advance of enrollment, that the proposed course that directly applies to the employee's job. 22.11.c The proposed course is accredited by the Northwest Commission on Colleges and Universities. 22.11.d Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of B or better, provided that the City shall not pay more than $200 per credit hour. Upon termination of employment, voluntary or involuntary, an employee must repay any tuition reimbursement the employee received from the City during the preceding two years. The Union agreed that any sum due the City may be withheld from the employee's last paycheck. 22.12 Progressive Discipline. The City may discharge or suspend any employee for just cause, but no employee shall be discharged or suspended unless a written warning notice shall previously have been given to such employee of a complaint against that person concerning his/her work or conduct. No such prior warning notice shall be necessary for actions that include but may not be limited to dishonesty, drinking, the use of illegal drugs related to his/her employment, proven recklessness, or carrying of unauthorized firearms, or willful damage to City property or equipment. That constitutes just cause as defined in Article 7.14. Any employee may request an investigation of his discharge or suspension or any warning notice, and the Union shall have the right to protest any such 23 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 discharge, suspension or warning notice. Any such protest shall be presented to the City in writing within ten (10) working days after the discharge, suspension or warning notice; if not presented within such period; the right of protest shall be waived. A copy of such protest shall be given to the City and be referred immediately to the Grievance Procedure article of this Agreement. The City shall give to a discharged employee a written notice of termination stating reasons for termination and at the same time send a copy to the local union involved. Although the steps of progressive discipline (as outlined below) shall generally be followed, exceptions and deviations may occur when circumstances warrant progressive steps to be skipped. Disciplinary actions or measures may include the following: a. oral reprimand c. suspension b. written reprimand d. discharge Any disciplinary action or measure taken against a regular employee shall be processed as a grievance through the regular grievance procedure. The City shall not impose disciplinary action upon . any employee without just cause. The employee and the Union shall be notified in writing that an employee has been disciplined. Employees shall have the right to request that any irrelevant, corrected, or insignificant items in their personnel files be reviewed by the City for removal. ARTICLE 23 - HEALTH AND WELFARE 23.1 Group Insurance - Health and Welfare. The City will maintain a group Medical/Dental/Vision/Long Term Disability (LTD) and shall pay the full premium for all eligible employee covered by this agreement. 23.2 Eligible employees covered by this Agreement may obtain coverage for their eligible dependents under the City's Group Medical/Dental/Vision Insurance Program. The City will pay the entire cost for one (1) dependent and fifty percent (50%) of the premiums for all additional dependents. Premiums are subject to change. The City will notify the Union President and Staff Representative of any premium changes as soon as the City is made aware. 23.3 Should a change in the carrier currently providing group insurance coverage become necessary or desirable during the life of this Agreement, the City agrees that it will evaluate alternative carriers and/or insurance packages in determining what group insurance coverage will be provided, and will make a good -faith effort to provide the bargaining unit as a whole with benefits that are substantially similar to those currently in effect. City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 23.4 The City agrees to representation and participation by two (2) designated Union representatives to review medical insurance policies, proposed changes regarding coverage, etc., and shall notify such representatives of meetings held by the City Council for such purpose. 23.5 The City will provide opportunity for up to three (3) Union representative to participate on the City's Employee Benefits Committee for the purpose of participating in the recommendations about employee benefits made by the Committee to the City Council. All records of cost to and administration of the program will be made available to the Union upon request, provided that no information relating to the personal medical history of any employee and/or employee dependent shall be made available except as provided for by law. ARTICLE 24 - SUPPLEMENTAL AGREEMENT The parties may amend or modify this Agreement by mutual, written agreement. Supplemental agreements thus completed shall become a part of the larger Agreement and subject to all its provisions. ARTICLE 25 - SAVINGS CLAUSE In the event that any provisions of this Agreement shall at any time be made invalid by applicable legislation, or be declared invalid by any Court of competent jurisdiction, such action shall not invalidate the entire Agreement. It is the intention of the parties hereto that all other provisions not made invalid shall remain in full force and effect. ARTICLE 26 - ENTIRE AGREEMENT Except as provided in Article 24, this Agreement is the entire agreement of the parties, terminating all prior agreements, arrangements and practices, and concluding all negotiations during the term of this Agreement. ARTICLE 27 - STRIKES AND LOCKOUTS 27.1 Lockouts. The City shall not institute a lockout of employees during the term of this Agreement. 27.2 Strikes. No employee shall strike or refuse to perform his/her assigned duties to the best of their ability. The Union agrees that it will not cause or condone any strikes, slowdowns or other interference with the normal operation of the City during the terms of this Agreement. 25 City of East Wenatchee, -Union January 1, 2010 through December 31, 2010 ARTICLE 28 - DURATION OF AGREEMENT This Agreement shall become effective on the first day of January 1, 2010 and continue in full force and effect through the December 31, 2010. I WITNE SS WHEREOF, the parties have set their hands this 1241ti. , 2010. 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