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
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Table of Contents
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PREAMBLE.................................................................................................................
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RECOGNITION...........................................................................................................
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PURPOSE...................................................................................................................
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UNIONSECURITY......................................................................................................
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MANAGEMENTRIGHTS............................................................................................
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SUB -CONTRACTING OF PUBLIC WORKS...............................................................
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DEFINITIONS..............................................................................................................
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NON-DISCRIMINATION.............................................................................................
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DUESCHECK OFF.....................................................................................................
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GRIEVANCE PROCEDURE.......................................................................................
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SENIORITY AND LAYOFF PROCEDURES..............................................................
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JOBPOSTING............................................................................................................
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HOURSOF WORK.....................................................................................................
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13.1 Work Schedule/Shifts.................................................................................
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13.2 Workday......................................................................................................11
13.3 Workweek...................................................................................................
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13.4 Adjustment of Working Hours.....................................................................
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13.5 Temporary Shift Changes...........................................................................
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13.6 Rest Period.................................................................................................
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13.7 Personal Clean -Up Time............................................................................
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13.8 Call Back.....................................................................................................
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OVERTIMEPAY.........................................................................................................
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ADMINISTRATIVE POLICY —SALARIES ..................................................................
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15.1 Payment of Salaries....................................................................................
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15.2 Salary Schedules........................................................................................
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15.3 Administration of Salaries...........................................................................
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15.4 Salary Rate Upon Initial Employment.........................................................
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15.5 Salary Steps...............................................................................................
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15.6 Salary Rate Upon Promotion......................................................................
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15.7 Salary Rate Upon Demotion.......................................................................
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15.8 Job Classification Changes and New Positions .........................................
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15.9 Wages.........................................................................................................14
SPECIAL COMPENSATION PROVISIONS................................................................14
16.1 Salary When Working Out of Classification................................................
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16.2 Longevity Pay.............................................................................................
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16.3 Special Licenses, Certificates, etc..............................................................
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HOLIDAYS..................................................................................................................
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17.3 Holiday Pay.................................................................................................
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17.5 Weekend Holidays......................................................................................
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VACATIONS................................................................................................................
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SICKLEAVE...............................................................................................................
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ADJUSTMENT FOR WORKMEN'S COMPENSATION ..............................................
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OTHERLEAVES.........................................................................................................
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21.1 Leave of Absence.......................................................................................
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21.2 Military Leave..............................................................................................
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21.3 Jury Duty.....................................................................................................
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21.4 Educational Leave......................................................................................
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21.5 Leave for Pregnancy Disability and Family Medical Leave ........................
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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
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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.
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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.
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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.
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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:
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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
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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;
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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.
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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.
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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.
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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.
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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
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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.
FOR THE UNION:
Mary B th Holzerland
Presid., nt, Local 846-W
_z1_ "1 4
Don Boxford
f
4
f
Staff Representatik ocaj 846-W
Greg StoKy z
Secretary, Local 846-W
FOR THE CITY:
uman Resou ces birector
day of
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