HomeMy WebLinkAbout2014-01-01 - AFSCME, AFL-CIO Local 846-W - Collective Bargaining Agreements (2)COLLECTIVE BARGAINING AGREEMENT
Between
CITY OF EAST WENATCHEE
And
WASHINGTON STATE COUNCIL
OF COUNTY & CITY EMPLOYEES,
AFS CME, AFL-CIO,
LOCAL 846 W
January 1, 2014
through
December 31, 2016
Page 1 of 37
ARTICLE 1- PREAMBLE
The parties to this Collective Bargaining Agreement are the City of
East Wenatchee ("City") and the Washington State Council of
County and City Employees, Local 846-W, AFSCME, AFLCIO
("Union"). The parties enter into this Agreement to:
• promote harmonious relations between the City and the
Union;
• establish an equitable and peaceful procedure to resolve
differences;
• establish rates of pay;
• establish hours of work; and
• establish 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 supervisory employees, confidential employees, law
enforcement employees, and Department Heads.
ARTICLE 3 — PURPOSE
The City and the Union agree to work together to:
• meet the production requirements of each City department;
• provide the public with efficient and courteous service;
• encourage good attendance of employees, promote climate of
labor relations; and
• achieve a high level of efficiency in the workplace.
Page 2 of 37
ARTICLE 4 - UNION SECURITY AND DUES CHECK OFF
Current union members must maintain their membership during
the term of this Agreement. Future employees who are covered by
the Union must enroll as union members when they are hired. If an
employee refuses to enroll as a union member and if the City
receives a written request to terminate from the Union, the City will
terminate him or her.
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".
State law protects an employee right of non -association (RCW
41.56.122(1). The Union represents probationary employees.
Notwithstanding this representation, the City may terminate a
probationary employee at any time, without cause, and without the
right of appeal under the terms of this Agreement.
ARTICLE 5 - MANAGEMENT RIGHTS
The City will not bargain over rights of management. The rights of
management include, but are not limited to: all powers, duties, and
rights established by constitutional provision or by statute; the right
to determine the City's functions and programs of the employer, the
use of technology, and the structure of the city; the right to
determine the City's budget and the size of its workforce, including
determining the financial basis for layoffs; the right to direct and
supervise employees, hire, promote, demote, transfer, assign and
retain employees; suspend or terminate employees; relieve
employees of duties because of lack of work or lack of funds;
establish performance standards and evaluate employees; the right
to take whatever actions are deemed necessary to carry out the
mission of the City during emergencies; and the right to determine
and implement the methods, means, assignment, classifications and
personnel by which its operations are to be conducted; and to
initiate, prepare, modify and administer its budget. 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.
Page 3 of 37
ARTICLE 6 - STRIKES AND LOCKOUTS
6.1 Lockouts. The City may not institute a lockout of employees
during the term of this Agreement.
6.2 Strikes. During the term of this Agreement, neither the Union,
nor any person covered by this Agreement may engage in a strike,
slowdown or work stoppage against the City. Neither the Union, nor
any person covered by this Agreement may honor any picket line of
any other group of City employees who are obliged under a
contractual no strike provision to refrain from strikes, slowdowns,
or work stoppages against the City.
ARTICLE 7 - SUB -CONTRACTING OF PUBLIC WORK
If the City determines to reduce or eliminate a bargaining unit
position, the City must give the Union at least 60 days notice to
negotiate. The Union may elect to use fact-finding regarding the
status of an employee. If the City's decision to eliminate a
bargaining unit position displaces an employee, the layoff provisions
of Article 17 apply.
ARTICLE 8 - NON-DISCRIMINATION
8.1 The City may not discriminate against any employee on the
basis of their activity on behalf of, or for membership in, the Union.
As a bargaining agent, the Union has a duty to represent all
employees in the bargaining unit without discrimination,
interference, restraint or coercion.
8.2 Neither the City nor the Union may discriminate against any
applicant or employee on the basis of age, sex, marital status, sexual
orientation, race, creed, color, national origin, honorably discharged
veteran or military status, or the presence of any sensory, mental,
or physical disability or the use of a trained dog guide or service
animal by a person with a disability, unless based upon a bona fide
occupational qualification.
Page 4 of 37
ARTICLE 9 -WAGES
9.1 Payment of Salaries. The City will pay the wages of an employee
covered by this Agreement on the 5th and 20th of each month by
direct deposit to a financial institution of the employee's choosing,
subject to an Electronic Funds Transfer signed by each employee. If
a payday falls on a holiday, the City must pay wages on the
preceding workday.
9.2 Pay Plan. The City must compensate each regular, full-time, or
part-time employee according to the wage scale assigned to the
respective classifications in Appendix "A" attached to and
considered a part of this Agreement.
9.3 Administration of Wages. The City will administer employee
wages as follows:
9.3.lUpon initial employment, normally the entrance rate is
the minimum rate of the range for the class of the position involved.
If the City believes the circumstances warrant entrance at a rate
above the minimum rate, not to exceed Step three of the wage
range, this action may be authorized by the Mayor.
9.3.2 If an employee enters the service in a "trainee capacity",
the City will reduce the entrance rate by five percent for a
maximum of a one year period of anticipated training required to
reach fully qualified performance.
9.3.3 Employees move through the steps of the wage scale in
accord with the terms and provisions of this contract. An employee
may not receive more than a regular one step increase during the
course of any 12 months of employment. See Appendix B.
9.3.4 Wage Upon Promotion. Upon promotion to a position of a
higher classification, the new wage rate is the minimum rate (first
step) within the new classification, which will represent an increase
within the new wage range for the employee.
The City may 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 are
Page 5 of 37
subject to the 30 day probationary period as outlined in Section
18.2.
If the City promotes an employee to a higher classification in a
"trainee" capacity, his/her wage will remain unchanged (except for
changes to the pay plan overall) until such time as the employee
successfully completes the required training. The training period
may not be less than six months nor more than twelve months.
During the training period, an employee may opt to return to
his/her original classification/ position. If the City determines
during the training period that an employee has not successfully
completed the required training or is not qualified to work at the
higher classification, the City must return the employee to his/her
original classification/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 will be at the rate for the higher
classification set forth in Appendix A.
9.7 Wage Rate Upon Demotion: Upon demotion due to lack of work
or layoff, or at the request of the employee, the new wage rate will
be the same step in the wage range assigned to the lower
classification.
9.8 Job Classification Changes and New Positions:
9.8.1 The City will maintain the position classifications listed
in Appendix "A" so they accurately reflect the nature and
appropriate compensation for the work performed in the job class.
9.8.2 If the City creates a new job classification, the City must
notify the Union concerning the proposed rate of pay and must
provide the Union with the rationales for the new position.
9.8.3 If the Union requests that the City negotiate the wage
rate, the City may hire an employee pending the outcome of
negotiations.
9.8.4 For the purpose of negotiations, reclassifications, and
establishing rates for new positions, the parties 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.
Page 6 of 37
9.9.1 Incorporated by reference, Appendix A sets forth the
rates of pay for employees. At the beginning of each calendar year,
the City must adjust the wages as set forth below.
9.9.2 Effective January 1, 2015, wages in Appendix A will be
increased by 100% of the U.S. Consumer price Index for Urban
Wage Earners and Clerical Worker (CPI-W) September to
September statistics for the West Urban Region for the preceding
twelve months with no less than 2.00% and no more than 2.50%.
9.9.3. Effective January 1, 2016, wages in Appendix A will be
increased by 100% of the U.S. Consumer price Index for Urban
Wage Earners and Clerical Worker (CPI-W) September to
September statistics for the West Urban Region for the preceding
twelve months with no less than 2.00 % and no more than 2.50%.
ARTICLE 10- GRIEVANCE PROCEDURE
10.1 Grievances or disputes, which may arise, must be settled in the
following manner:
10.1.1 Level 1. An aggrieved employee or the Union must submit
a written grievance to his/her Department Head within ten working
days of its occurrence, or within ten working days of the date on
which the employee or Union first discovered it. Within ten working
days of receiving the grievance, the Department Head must
investigate the grievance and provide a written answer to the
aggrieved employee/Union.
10.1.2 Level 2.
10.1.2.1 If the aggrieved employee or the Union is not satisfied
with the Department Head's written answer, the Union must
submit a written grievance to the Mayor within ten working days.
Within ten working days of receiving the grievance, a meeting will
be held between the Mayor, the employee, and the Union to try and
resolve the grievance. Within ten working days following the
meeting, the Mayor must provide a written answer to the Union.
10.1.2.2 For Court Employees: For issues that involve wages
and/or benefits: Within ten working days of the response in Step 1
above, the grievance, in written form, shall be presented to the
Mayor. The parties shall arrange a meeting between aggrieved
employee and/or the Union Representative and the Mayor or
Page 7 of 37
designee within ten working days for resolution of the issue. The
Mayor shall issue the written decision within ten working days of
the meeting referenced hereinabove.
10.1.2.3 For Court Employees: Issues that involve hiring,
firing, discipline or working conditions set forth by the Judge:
Within ten working days of the response in Step 1 above, the
grievance, in written form, shall be presented to the Judge. The
aggrieved employee and/or Union Representative and Judge or
designee shall arrange a meeting within ten working days for a
resolution of the issue. The Judge or designee shall issue their
decision in writing to the aggrieved employee and Union within ten
working days of the meeting referenced in this Subsection 10.1.2.3.
The decision issued by the Judge shall be final and neither party
shall have the right to submit a grievance related to issues that
involve hiring, firing, discipline or working conditions set forth b the
Judge to Arbitration.
10.1.3 Arbitration. Within fifteen working days of the Union
receiving the Mayor's written answer, the Union may request
independent arbitration of the matter. The Union must present its
request to the City by personal service or by mail.
10.1.3.1 The Union and the City will attempt to agree upon an
Arbitrator. If the City and the Union cannot agree upon an
Arbitrator within ten 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
arbitrators from which the parties may select one person. The
representatives of the City and Union will alternately eliminate one
name from the list until only one remains. The parties will 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
name remains, which will serve as the arbitrator.
10.1.3.2 In conducting the hearing, the parties authorize the
Arbitrator to administer oaths, issue subpoenas, receive relevant
evidence, compel the production of documents relevant to the
hearing, and question witnesses.
10.1.3.3 The Arbitrator's decision is final and binding upon the
parties to the grievance. The decision may not resolve an issue
beyond the Arbitrator's jurisdiction and it may not amend, alter or
modify any provision of this Agreement.
Page 8 of 37
10.1.3.4 The party who receives an unfavorable decision must
pay all expenses for the Arbitrator's service. Each party is
responsible for compensating its own representative, attorneys,
experts, and witnesses in any case. The Arbitrator must certify the
findings in writing to the Mayor. Upon receipt, the Mayor must
enforce the decision of the Arbitrator. If a mixed decision the
Arbitrator determines which party must bear the expenses of
arbitration.
10.2 The Union and the City may mutually agree to change the
above time limits.
10.3 As used in Article 10 "Working Day" means Monday through
Friday and excludes Saturdays, Sundays and holidays.
ARTICLE 11 - HOURS OF WORK
11.1 Work Schedule/Shifts. For each employee, the City must
designate work schedule/shift with an established starting time and
quitting time. Work schedules/shifts must be posted on the bulletin
board.
11.2 Workday. A workday is a fixed and regularly reoccurring period
of 24 hours.
11.3 Workweek. A workweek is a fixed and regularly recurring
period of one hundred sixty-eight hours or seven consecutive
twenty -four-hour periods.
11.4 Adjustment of Working Hours. Temporary adjustments in the
normal working hours of the employees for the convenience of the
City and the employees do not conflict with this Agreement. Prior to
any temporary adjustment, discussions must be held with the
employee(s) and their representative(s). There must be a minimum
of two week's notice given prior to temporary such changes being
made except for emergency conditions or unless all involved
employees waive the two week's notice.
11.5 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 five days
advance notice of a temporary shift change is provided, "Call Back
Pay" in Section 11.8 will not prevail. If employees in the same job
group/classification are in agreement with the City for a temporary
Page 9 of 37
shift change, then they may waive the five day notice and "Call
Back Pay" in Section 11.8 will not prevail.
11.6 Rest Period. The City will allow a fifteen minute rest period to
all regular employees for each four hour work period. Whenever
feasible, the City should allow the rest period to occur in the middle
of each four hour work period.
11.7 Personal Clean -Up Time. The Department Director and/or
designee has 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.
11.8 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.
11.8.1 An employee called back to work other than during
his/her scheduled work shift must be paid a minimum of two hours
pay at the time and one-half (1 1/2) provisions contained in Section
12.1 below. Time worked beyond the 2-hour minimum must be paid
at the overtime rate.
11.8.2 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 12 - OVERTIME PAY
12.1 Employees covered by this Agreement are entitled to overtime
pay for time worked in excess of 40 hour per workweek. For time
worked in excess of 40 hours per workweek, the City must
compensate the employee at one -and -one-half times the employee's
regular rate of pay. Overtime is earned in 15 minute increments.
Page 10 of 37
12.2 All work performed in a workweek will include authorized
vacation, sick leave and compensatory time off.
12.3 Employees will have the option of receiving overtime payment
at the rate of one -and -one-half for overtime hours worked, or they
may request compensatory time off at the time one -and -one-half
rate in lieu of receiving overtime pay. The City may not require an
employee to select the compensatory time off option. Compensatory
time will be cashed out by November 30th of each year. An employee
may use vacation leave prior to taking compensatory time.
12.4 While the employee's preference to work or not work overtime
will be given due consideration, the essential nature of City services
must be considered the compelling factor. Overtime work must be
distributed as equitably as possible, in order of rotation within a job
group/classification.
12.5 Overtime rates may 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.)
12.6 Overtime or Call Back Pay may not prevail if it is a result of
adjustment in working hours as provided for in Section 11.4 or11.2.
12.7 An employee may not use compensatory time during any
scheduled work period that results in earning overtime, holiday pay
or additional compensatory time.
ARTICLE 13 - SPECIAL COMPENSATION PROVISIONS
13.1 Wage When Working Out of Classification. If the City assigns
an employee to work in a position that has a higher level
classification for a period of two days or more within one work week,
the City will pay that employee a five percent increase of his/her
hourly wage for such hours worked. This five percent increase will
be retroactively paid to the first day of such assigned work and
continue until the assigned work at the higher classification ceases.
13.2 Longevity Pay. Employees receive longevity pay based on the
continuous length of service from the last date of hire. Longevity
pay is 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
Page 11 of 37
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
After 30 or more years of service, 6% per month
Longevity pay begins on the first day of the employee's anniversary
month (for example, if an employee is hired on May 15, 2014, his or
her longevity pay would begin on May 1, 2019).
13.3 Special licenses, certificates, etc. If the City requires an
employee maintain a special license, certificate, etc. as a condition of
employment, the City agrees to pay the applicable fees.
13.4 Education Incentive Pay. If an employee works at least 1,250
hours for the City, he or she is eligible for an educational incentive
stipend for a job -related degree, in accordance with the following
schedule:
AA degree: 1% of the employee's base monthly salary.
BA, BS degree: 3% of the employee's base monthly salary.
Ph.D degree: 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. An employee who receives tuition
reimbursement under Section 21.10 or Section 21.11 is not eligible
to received 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.
13.5 The City will pay $300 to an employee who meets or exceeds
the Criminal Justice Training Commission's Basic Law
Enforcement Academy Fitness Ability Test. The City will give the
test once a year at the discretion of the Mayor. The Mayor, or
designee, will administer the test. If an employee fails to meet the
Fitness Standards on a testing date, the employee is ineligible to
receive fitness pay for that period. An employee is not entitled any
type of compensation for participating in a fitness test. Neither the
Union nor an employee may grieve a failed fitness test.
13.6 Bilingual Incentive Pay. The City shall pay employees
competent in foreign language(s) utilized in daily performance of
Page 12 of 37
work activities or in service to the City, one and a half percent
(1.5%) of base rate pay. To receive bilingual incentive pay, an
employee must demonstrate competency by obtaining certification
status from the Department of Social and Health Services by
passing a bilingual fluency test for DSHS employees and new
recruits (or an equivalent test with Mayor approval).
ARTICLE 14 - HOLIDAYS
14.1 Holidays. The City recognizes the following days as paid
holidays for regular, full and part-time employees covered by this
Agreement:
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.
14.2 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. To be eligible for a
floating holiday, an employee must complete six months of
continuous service.
14.3 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.
14.4 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.
14.5 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 -
Page 13 of 37
recognized holidays fall on a Saturday, the holiday will be
observed on the preceding Friday.
14.6 The above policy is applicable for employees on a five (5)
day, Monday -through -Friday, schedule.
14.7 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 14.5,
14.6 and 14.7 (a) and (b) above, due to essential operations,
he/she will be compensated for that day as outlined in the
following Section 14.8.
14.8 All regular employees covered by this Agreement shall
be compensated at one and one-half times their regular
hourly rate for all hours worked on the holiday in addition to
their holiday pay at their regular hourly rate.
14.9 Regular Part-time employees shall be paid for hours
worked on the holiday on a prorated basis.
ARTICLE 15 -VACATIONS
15.1 Full-time employees accrue vacation leave under the following
schedule:
Years of Employment
0-4 years
5 - 9 years
10 -14 years
15 - 19 years
20 - 24 years
25 + years
Page 14 of 37
Vacation Hours Earned
8 hours / month
10.00 hours / month
12.67 hours / month
14 hours / month
15.33 hours / month
17.33 hours / month
15.2 Vacation leave with pay is computed at the same rate according
to the time actually worked allowed to eligible regular part-time
employees.
15.3 An employee accrues vacation leave at the rate as listed above
for each month of completed service. An employee, however, may
not use accrued vacation leave until after he/she has completed six
consecutive months of employment.
Vacation leave is computed on a monthly basis according to an
employee's length of service at the beginning of each month. A
rehired employee is considered a new employee and must also have
six months of continuous employment.
15.4 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.
15.5 240 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, unless the City prevents an
employee from using his or her vacation leave hours because
of the exigencies of the City. Hours not carried over are lost.
15.6 All accumulated vacation leave is allowed when an employee of
more than six 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 wage at the time of separation or
death; provided, however, that upon such termination of
employment, including death, vacation leave may not exceed
payment for 240 hours.
15.7 All regular employees covered by this Agreement are expected
to utilize a minimum of forty hours of vacation leave each year.
15.7.1. Employees may use vacation time in increments as
small as one hour. Each department must develop a method for
determining vacations, which must provide for flexibility to the
employee and avoid scheduling problems for the City.
15.7.2 If 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
Page 15 of 37
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 15.7.1 above upon mutual consent of the City and
the Union).
15.7.3. If an employee intends to take vacation leave that
lasts for more than one day, he or she must submit a leave request
to his/her department head at least two weeks in advance of the
requested leave. As needed, an employee may request emergency
vacation leave.
15.7.4 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 hours of receiving the request. The City is
required to give an approval or denial in a timely manner.
15.8 Holiday During Vacation Leave. Should an employee be on
authorized vacation when a holiday occurs, such holiday is not
charged against vacation leave.
ARTICLE 16 - SICK LEAVE
16.1 A regular employee accumulates sick leave at the rate of eight
hours for one full month's services.
16.2 960 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 must 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.
16.3 The City must allow an employee to use sick leave for the
following reasons:
16.3.1 Personal illness or physical incapacity of the employee
resulting from causes beyond the employee's control.
16.3.2 Enforced quarantine of the employee in accordance with
community health regulations.
16.3.3 Doctor or dental appointments.
16.3.4 Serious illness or injury in the employee's immediate
family requiring the attendance of the employee.
Page 16 of 37
16.4 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 working days,
the City may require a statement from a health care provider or a
physician certifying that the employee's conditions prevented him or
her from performing the duties of his or her position. In addition,
the City may require an employee to present a certified statement
from a health care provider or a physician's statement for sick leave
taken under three days. Failure to present such a statement
disqualifies the employee for sick leave allowance and may result in
disciplinary action.
16.5 Employees may use sick leave in increments as small as one-
half hour. Holidays and other regular days off must not be charged
against sick leave.
16.6 If an employee is discharged for cause, his or her sick leave
balance expires. If an employee, who has worked for the City for a
least five years of continuous service, is separated from employment
for reasons other than cause, the City must compensate the
employee in the form of cash or payment of medical premiums (at
the employee's choice) at the rate of 25% for each hour of accrued
sick leave. If an employee is separated from employment due to
death, the City will make payment to the employee's estate upon
receiving notice from a court -appointed personal representative.
ARTICLE 17- SENIORITY AND LAYOFF
PROCEDURES
17.1 Seniority means an employee's length of continuous service
within the bargaining unit.
17.1.2 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 30 days after posting the
seniority list of any error on the list.
17.1.3 Employees on an authorized Washington State Industrial
Insurance claim for an on-the-job injury or illness continue to earn
seniority during the term of the claim.
17.2 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.
Page 17 of 37
17.3 An employee's continuous service record is broken by:
• Resignation;
• A layoff that lasts over one year;
• Discharge for just cause; or
• Retirement.
During a layoff period, an employee will not accrue seniority,
vacation leave or sick leave. However, if an employee is
recalled within one year, he or she will not lose seniority;
17.4 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;
(d) will not be granted an extension of probationary period
except unless the Union and the City agree to an extension.
17.5 If the City needs to layoff an employee in a particular position,
it must layoff temporary employees first, then probationary
employees, then part-time employees, then the least senior full-time
employees. And the City must rehire in the reverse order of layoff.
No employee has the right to bump another employee from a
position. The prohibition on hiring temps will expire either 1) one
year from the initial layoff(s), or 2) upon the reinstatement of laid
off employee(s) in the prior 12 months.
17.5.1 If a reduction in force, the City must notify both the
affected employee(s) and the Union two months in advance of the
effective date.
17.5.2 Employees designated for layoff are eligible for promotion,
transfer, or demotion into any open position in any other
classification for which they meet the minimum qualifications. The
City must make every reasonable effort to accomplish layoffs
through attrition. Prior to opening a position to the public, any laid
off employee(s) must be given first consideration.
17.5.3 The City will notify all laid off employee(s) of all job
openings within the City for the 12 month recall period by e-mail or
Page 18 of 37
certified mail, return receipt requested, to the last e-mail or address
of record. It is the employee's responsibility to keep the City advised
of any change in his or her e-mail or address.
17.5.4 Employees on layoff who have been offered reemployment
and who fail to acknowledge availability for work within 14 work
days after receipt of notice must be removed from the reinstatement
list.
17.6 If an employee with the greatest amount of seniority does not
elect to accept an available position with a higher rating, then the
next employee in rank of seniority and qualifications is eligible. If
the seniority list is exhausted, then the City may offer the available
position to an employee with less than six months of service, or the
City may hire a new employee.
17.7 If a question as to the capabilities of an employee bidding for a
position of a higher qualification, the City must make the decision
based on past performance and ability. Any disagreement will be
handled through the grievance procedure in Article 10.
ARTICLE 18 - JOB POSTING
18.1 When a vacancy occurs in a job classification covered by this
Agreement, and if the City has authorized it to be refilled, the
posting must be posted by the City and filled as follows:
18.1.1 The City must post a vacancy for five working days in all
City departments. The City must send a copy of the posting to the
Union.
18.1.2 In filling a vacancy, the City must 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.
18.2 Any promotion or City directed transfer is considered
temporary for a probationary period of 30 calendar days. During the
probationary period, if the City or if the employee decides he/she is
unsuited for the job, then the employee will revert to his/her former
position, classification and wage rate. By mutual agreement, the
City and the Union may extend the probationary period for 30
additional calendar days.
18.3 If an employee accepts a job change due to promotion,
voluntary demotion or voluntary transfer, and in spite of
Page 19 of 37
conscientious effort fails to meet job standards or decides he/she
does not want to continue in the position within the 30 day trial
period, then 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.
ARTICLE 19 -ADJUSTMENT FOR WORKMEN'S
COMPENSATION
19.1 For a period of absence from work due to injury or occupational
disease resulting from employment, the employee must 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 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.
19.2 If the employee has accumulated sick or vacation leave credit,
the City must pay the difference between time loss compensation
and full regular wage unless the employee elects not to utilize sick
leave. Deductions will be made from sick leave first and then
vacation leave.
19.3 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 net 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.
19.4 Until eligibility for Workers' Compensation is determined by
the Department of Labor and Industries, the City may pay full sick
leave. The employee must return any subsequent overpayment to
the City (through the payroll division) and such sick leave must be
credited to the employee in the amount covered by the overpayment.
Page 20 of 37
19.5 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.
19.6 Nothing herein pertains to permanent disability award.
19.7 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 and the approval
of management.
ARTICLE 20 - OTHER LEAVES
20.1 Leave Absence. At its discretion, the City may grant a leave of
absence without pay.
20.2 Military Service. Any employee who is a member of a reserve
force of the 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, must be granted a leave of absence during the period of such
activity. The same must apply to employees who serve the United
States as a result of the Selective Service Act.
20.3 Jury Duty. The City encourages employees to serve on jury
duty when they receive a summons. An employee summoned for
jury duty suffers no loss of pay. An employee called during the day
must report immediately by phone to his or her supervisor for
instructions as to whether to report for work during the remainder
of the workday. An employee maintains his or her regular pay
during such leave with no charges to his or her vacation bank. The
employee is entitled to keep reimbursement for mileage expenses
paid by the court and any other payments for jury service.
20.4 Educational Leave. Educational leave must be administered in
accordance with personnel policies and regulations established by
the City.
20.5 Leave for Pregnancy Disability and Family Medical Leave. The
City must grant family and disability leave in accordance with State
and Federal laws.
20.6 Bereavement Leave. If a death occurs in the employee's
immediate family requiring the attendance of the employee
Page 21 of 37
(funerals are included), the City will grant an employee three days
of bereavement leave. If the death of an immediate family member
requires the employee to travel out-of-state, the City will grant the
employee two, additional days of bereavement leave.
ARTICLE 21 - GENERAL PROVISIONS
21.1 Union Business. Accredited representatives of the Union may
have reasonable access to the premises of the City at any time
during working hours to conduct Union business. The City will pay
an employee his or her regular wage for time spent engaged in
Union business if the following conditions are met:
• The employee notifies the Mayor, in writing, at least three
days before the scheduled absence; and
• The Mayor pre -approves the scheduled absence; and
• The time spent engaged in union business is on a weekday;
and
• The time spent engaged in union business is between the
hours of 8:00 a.m. and 5:00 p.m.
The City or a union representative may bring other matters of
mutual concern may be brought to the labor-management meetings
so the parties may discuss an acceptable method to solve a problem.
21.3 Union Business Leave. The City must afford the Union's
negotiating committee members reasonable time off with pay, to
conduct union business during working hours, provided that such
time does not interfere with City operations (see 22.1 regarding
notification to the immediate supervisor).
21.4 Union Stewards. Within one calendar week of selecting a Union
steward or other Union representatives who may represent
employees, the Union must provide the City with written
certification of the selection.
21.5 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.
21.6 Labor Management Meetings. The Negotiating Committees for
the Union and the City must conduct regular labor/management
Page 22 of 37
meetings for the purpose of resolving problems that may arise.
Safety items may be included as eligible topics for discussion in
labor/management meetings.
Meetings are scheduled by mutual agreement (see 22.1 regarding
scheduling).
21.7 Printing of the Labor Agreement. The City must post a copy of
this Agreement on its website. The Union bears its own costs in
producing contract copies it wishes to make.
21.8 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.
21.8.1 Boot/Clothing Allowance. Utility and shop
employees are entitled to a boot allowance of $300.00 during
the term of this Agreement for the purchase of boots and
clothing to be worn at work. Employees must submit
receipts for reimbursement and are subject to City
verification/approval processes.
21.9. The City will provide and the employee must take all
necessary training for the proper use and maintenance of such
special equipment as determined by the City or required by law.
21.10 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.
Page 23 of 37
This incentive is not intended to reflect compensable
work, but rather to cover the inconvenience of carrying
a beeper/radio/pager.
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.
21.10 Payment of Tuition. The City must pay the cost of tuition for
all courses the City requires an employee to attend.
21.11 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:
21.11.1 The Mayor determines that the City has the financial
capability to pay for the cost of tuition.
21.11.2 The Mayor determines, in advance of enrollment, that the
proposed course that directly applies to the employee's job.
21.11.3 The proposed course is accredited by the Northwest
Commission on Colleges and Universities.
21.11.4 Payment must 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 will not pay more than $200
per credit hour.
21.11.5 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 agrees that any sum due the City may be withheld from
the employee's last paycheck.
21.12 No Pyramiding. There is no pyramiding of overtime pay or
other premium wages, including call back pay under this
Agreement. Nothing in this Agreement requires the City to pay
Page 24 of 37
overtime or other premium pay more than once for the same hours
worked.
21.13 Progressive Discipline. The City may immediately discharge
or suspend an employee for just cause. If no just cause exists, the
City may not discharge or suspend an employee unless it previously
gave a written warning notice to such employee of a complaint
against that person concerning his/her work or conduct. The Union
may request an investigation of an employee's discharge, suspension
or warning notice. And the Union has the right to protest any such
discharge, suspension or warning notice. To exercise its right to
protest, the Union must present the City with a written notice of
protest within ten working days of the discharge, suspension or
warning notice. If the Union fails to give the City a written notice of
protest within ten working days, it waives its right to protest. If the
City receives a written notice of protest, it will immediately refer it
to the Grievance Procedure set forth in 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
b. written reprimand
c. suspension
d. discharge
Any disciplinary action or measure taken against a regular
employee shall be processed as a grievance through the regular
grievance procedure.
If the City disciplines an employee, it must give the employee and
the Union written notice of the discipline. An employee has the right
to request that any irrelevant, corrected, or insignificant items in
his or her personnel files be reviewed by the City for removal.
Page 25 of 37
ARTICLE 22 - HEALTH AND WELFARE
22.1 Group Insurance - Health and Welfare. The City will maintain
a group Medical/Dental/Orthodontia/Vision/Long Term Disability
(LTD) insurance. The City agrees to pay 100% of the full premium
for an eligible employee for Medical/Dental/Orthodontia/Vision
insurance. The City agrees to pay 100% of the full premium for LTD
insurance.
22.2 An eligible employee may obtain coverage for his or her eligible
dependents under the City's Group
Medical/Dental/Orthodontia/Vision Insurance Program. The City
will pay 100% of the full premium for an employee's first, eligible
dependent and 50% of the full premium for additional, eligible
dependents. PROVIDED, however, the City will only pay one
premium for an employee (For example, if an employee is also an
eligible dependent, he or she must elect to receive insurance as an
employee or as a dependent). 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. 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.
22.3 If the City needs to or desires to change the carrier currently
providing group insurance coverage during the life of this
Agreement, the City will evaluate alternative carriers and
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.
22.4 An employee may waive his or her health insurance benefits. If
an employee waives these benefits, the City will contribute $200 per
month to a Health Reimbursement Arrangement (HRA) VEBA in the
employee's name. An employee must elect waiver between November 1
and November 30 of each year. Once an employee elects a waiver,
he or she is ineligible to sign up for City benefits until the next open
enrollment period.
22.5 If an employee's husband, wife, qualified domestic
partner is eligible for coverage according to the terms and
conditions of the City's insurance carrier and is enrolled in
another medical plan, the husband, wife, or qualified
Page 26 of 37
domestic partner may not enroll in the City -sponsored
medical plan. The City, however, will contribute $200 per
month to a HRA VEBA in the employee's name.
22.6 The maximum that the City will contribute to an employee's
HRA VEBA, for any reason, is $400 per month.
22.7 The City agrees to representation and participation by one
designated Union representatives to review medical insurance
policies, proposed changes regarding coverage, etc., and must notify
such representatives of meetings held by the City Council for such
purpose.
ARTICLE 23- LIGHT DUTY
23.1. Light duty is a temporary, less arduous duty position.
It may include a job classification at a lower salary level.
23.2 To request a light duty assignment, an employee must
submit the following to his or her immediate supervisor: (1)
a written request for light duty, and (2) a medical certificate
from the employee's treating physician, which indicates the
diagnosis, the prognosis, and the functional limitations of
the employee.
23.3 If an employee submits the required documentation, the
City will provide a light duty assignment for an employee
who is unable to perform his or her full and regular duty due
to a work -related injury for up to a maximum of 120 days.
23.4 If an employee submits the required documentation, the
City may provide a light duty assignment for an employee
who is unable to perform his or her full and regular duty due
to a non -work -related injury for up to a maximum of 60 days.
23.5 The City will review the light duty assignment every 30
days to determine if the assignment needs to continue.
23.6 Nothing in this policy limits an employee's right to seek
reasonable accommodations as provided by federal and state law. At
the end of a light duty assignment, in order to continue working, an
employee must be able to perform the essential functions of his of
his or her regular job, with reasonable accommodation if the
employee is disabled, and if reasonable accommodation is necessary.
Page 27 of 37
ARTICLE 24- DRUG TESTING
24.1 Purpose. The city has a strong commitment to provide a safe
environment for its employees and to establish programs promoting
high standards of employee health and safety. Consistent with that
commitment this Agreement establishes prohibitions regarding
alcohol and controlled substances and the right of the City to screen
or test employees to determine the presence of alcohol or controlled
substance when engaged in work for the City.
24.2 Prohibition Regarding Alcohol and/or Controlled Substances.
a. Reporting for work under the influence of alcohol or drugs,
or the unauthorized use, sale transfer or possession of
alcohol, drugs controlled substances and/or "mood altering"
substances (except the possession or use of prescribed
medication, verifiable by a current, properly issued
prescription), or any other substance which impairs or may
impair an employee's job performance or poses or may pose a
hazard to the safety and welfare of the employee, the public
or other employees during work hours( including meal and
rest periods), on or off City property, in City vehicles, or in
personal vehicles while conducting City business is strictly
prohibited. Violation of this section of the Agreement is just
cause for immediate discharge.
b. An employee utilizing prescribed and/or "over the counter"
medication(s) that could adversely affect job safety or
performance must immediately report that fact to the
employee's supervisor. Knowledge of cautions and warnings
printed on the medication container label are the sole
responsibility of the employee. In cases where the employee
is instructed by the City to remain off work due to the
possible side -effects of over-the-counter or prescription
medication, the employee may utilize earned, but unused
sick leave benefits in accordance with the City's existing sick
leave policy. Violation of this Section of the Agreement will
result in disciplinary action, including termination.
24.3 Random Testing. The City may conduct random testing up to
one time per calendar quarter.
24.4 Current Employee Substance Abuse Testing. In addition to
paragraph 24.3 the City may implement the applicable substance
abuse testing procedures outlined below if one of the events occur:
Page 28 of 37
a. Management personnel concludes through objective
observation, investigation, or evaluation that an employee is
reasonably likely to be under the influence or impaired by the
use of alcohol, drugs and/or controlled substance;
b. Where an Employee is involved in any accident due to the
action, inaction or inattention of the employee;
All relevant facts pertaining to an investigation conducted pursuant
to the above provisions will be documented in writing and preserved
for future reference by the City and the Union. An employee who
refuses to submit to alcohol and drug testing will be subject to
immediate disciplinary action, including, without, limited,
suspension and/or termination.
24.5 Substance Abuse Testing Procedures.
a. The City will transport the suspected employee to a pre-
determined testing facility.
b. The employee will be requested to submit to the testing
procedures. The employee has the right to refuse to submit to the
tests; however, refusal to submit to the tests will be grounds for
discharge.
c. The employee will provide a urine sample, a blood sample or
breath sample, as required by the City. The urine sample will be
provided for analysis to determine the amount, if any, contained
in the employee's urine of all substances listed in the paragraph
(f) below. The blood or breath sample will be provided for analysis
to determine the amount, if any, of ethyl alcohol contained in the
employee's blood or breath. The blood or urine samples will be
analyzed by an NIDA approved laboratory. The breath sample
will be analyzed by certified law enforcement personnel or
medical facility.
d. Collection of the specimens will be under the direction of
qualified medical or law enforcement personnel. Collection of the
specimens will take place as soon as possible following the
observation, accident or incident. The employee will cooperate
fully in the collection of the specimens.
Employee tampering with the specimens or refusal to submit to
the test within a reasonable period of time will result in
discharge. If the employee is physically unable to provide a urine
Page 29 of 37
sample, a blood sample will be provided, which will be analyzed
by the laboratory to determine if any of those substances listed in
paragraph (f) below are present in the employee's blood.
However, within 24 hours following the drawing of the blood
sample, the employee will submit to a urine test. If the employee
fails to provide the urine sample within a 24 hour time frame, the
employee will be subject to disciplinary measures, including
termination.
e. After collection of the specimens, the employee will be
transported to the employee's residence or other safe location.
The employee may be suspended from work with pay until the
test results become available and are evaluated.
f. All specimens will be forwarded to the NIDA approved
laboratory for analysis. Strict adherence to the chain of custody
requirements must be followed during the transportation of the
specimen to the laboratory. The laboratory will analyze the
specimen for the substances listed herein. The laboratory will
perform initial screening, and if positive results occur,
confirmatory tests on the specimen. The confirmatory test must
be the GDIMS test Levels. The following cutoff levels must be
used for the initial screening of specimens to determine whether
they are negative for these drugs or classes of drugs:
Test Level (ng/ml)
Amphetamines 500
Barbiturates 300
Benzodiazepines 300
Cannabinoids 7 5
Cocaine metabolites 300
Methadone 300
Methaqualone 300
Opiates (Codine) 300
Opiates (Morphone) 300
Phencyclidine (PCP) 25
Propoxyphene 300
Level of the positive result for ethyl alcohol 0.04 gr/dl
All specimens identified as positive on the initial screening must
be confirmed by GDIMS techniques at cut off levels under the
rules of the Department of Transportation (DOT) 49 CFR, Part
Page 30 of 37
40, section 40.29(f). The laboratory will communicate the test
results to the Mayor. The Mayor will evaluate those results to
determine the City's course of action.
g. Test results will be stored by the City in a secure file outside
the regular personnel files. Access to the file will be extremely
restricted, only the Mayor and employee will have access to that
file. All records will be treated in the most confidential fashion by
the City and the Union. Disclosures, without employee consent.
may occur when: (i) The information is compelled by law or
judicial or administrative process; (ii) The information has been
placed at issue in a formal dispute between the City and the
prospective employee;
(iii) The information is needed by medical personnel for the
diagnosis or treatment of a patient who is unable to authorize
disclosure.
h. All costs associated with substance abuse testing, other than
an independent analysis requested by the employee, will be paid
by the City.
i. Should analysis of the specimens indicate a negative level of a
substance in an employee's system, the employee will be
reinstated to the employee's former position. All test results must
be kept in the Police Department in accordance with 14.4(g).
j. Should analysis of the specimens indicate a positive level of a
substance in an employee's system, the City will have the
following options: (i) Discharge the employee; or (ii) Provide the
employee an opportunity to enter into a Last Chance Agreement.
The Last Chance Agreement must require the employee be
evaluated by a qualified drug/alcohol counselor to determine the
extent of the employee's chemical dependency. If, in the opinion
of the counselor, the employee requires rehabilitation services,
and the City agrees, the employee will be placed on a non -paid
leave -of -absence for a period not to exceed 60 days and must
enroll in and complete a certified alcohol and/or drug
rehabilitation program. An employee may use accumulated sick
leave or vacation during this 60-day period. If the employee
successfully enrolls and completes the program within 60 days,
the employee will be reinstated to the employee's former position.
The City reserves the right to approve the selection of the
rehabilitation counselor, facility and program content. Cost of the
Page 31 of 37
rehabilitation program will be paid by the employee or medical
insurance provider (within contractual limitation).
The employee will be reinstated to the employee's former position
when the following conditions have been met:
a. The employee has successfully completed the treatment
program: and
b. The attending counselor has formally released the employee to
return to work; and
c. The employee agrees to submit to a substance abuse test.
During the next 12 months following reinstatement, the
employee consents to be tested for the presence of alcohol, drugs
and/or controlled sub stances at any time, with or without cause.
Any subsequent violation of this Agreement will be grounds for
immediate discharge.
24.6 Self, Recognized Substance Abuse. Employees with a
substance abuse problem may notify their supervisor of their
condition. If, in the opinion of a qualified drug/alcohol counselor,
the employee requires rehabilitation services, and the City
agrees, the employee will have an option to enroll in a
rehabilitation program and be subjected to the guidelines as
outlined in Section 24.2 above. Any employee who complies with
the above requirements, prior to a violation of this policy, must
be immediately granted leave without pay in accordance with the
leave portion of Section 24.40)(11) above.
ARTICLE 25 - OUTSIDE EMPLOYMENT
Outside employment with prior approval. Employees may hold
outside jobs, including self-employment, if such employment does
not: (1) result in a conflict of interest; (2) result in work for the City;
(3) result in outside work during an employee's work shift; (4)
involve the use of City equipment or supplies; (5) result in having
less than one full day off per work week; or (6) infringe on the
employee's ability to fully perform their job duties for the City. Such
employment will be approved or denied within a reasonable period
of time.
Page 32 of 37
ARTICLE 26 - CONTACTS WITH NEWS MEDIA
The Mayor, of his or her specific and express designee, is
responsible for all official contacts with the news media during
working hours, including answering of questions from the media or
providing information to the media. Other employees of the City
must refrain from such official contacts.
ARTICLE 27 - SUPPLEMENTAL AGREEMENT
The parties may amend or modify this Agreement by mutual,
written agreement. Supplemental agreements thus completed
become a part of the larger Agreement and subject to all its
provisions.
ARTICLE 28 - SAVINGS CLAUSE
If any provisions of this Agreement are at any time be made invalid
by applicable legislation, or be declared invalid by any Court of
competent jurisdiction, the parties intend that all other provisions
remain valid and in full force and effect.
ARTICLE 29 — ENTIRE AGREEMENT
All matters within the scope of bargaining have been negotiated and
agreed upon. 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.
Page 33 of 37
ARTICLE 30 - DURATION OF AGREEMENT
This Agreement is effective from January 1, 2014 through December
31, 2016.
FOR THE UNION:
Tom Cash
Staff Representative
JtreLy ovold
President, Local 846-W
Page 34 of 37
FOR THE CITY:
Chancey C well
Municipa Court Judge
Schedule of Definitions
"CITY" means the City of East Wenatchee.
"CLASSIFICATION means a position within the Union which holds a
distinct job description. The recognized Classifications are detailed in the
salary schedule in Appendix A and may be revised by mutual agreement of the
Employer and the Union.
"COURT EMPLOYEE" means an employee who works in the East
Wenatchee Municipal Court Department.
"DEMOTION" means the reduction of an employee to a lower
position or classification of service.
"DEPARTMENT HEAD" means the individual responsible for one of
the following departments: Mayor's Office, Public Works,
Community Development, Finance, Court, City Attorney and City
Clerk.
"ELIGIBLE DEPENDENT" is an employee's husband, wife,
qualified domestic partner, biological child, stepchild,
adopted child, or child of a qualified domestic partner who is
eligible for coverage according to the terms and conditions of
the City's insurance carrier and who is not enrolled in
another medical/dental/orthodontia/vision plan.
"EMPLOYEE" means all reference to "employee" in this Agreement
designating both sexes.
"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.
"GRIEVANCE" means any dispute involving the interpretation,
application or alleged violation of any provision of this Agreement.
"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.
Page 35 of 37
"JUST CAUSE" includes, but is not limited to: Conviction of a
felony; Falsification of City records; Gross insubordination; Gross
negligence or improper conduct leading to damage of City owned
property; Intentionally causing bodily harm to another employee;
Possession, distribution, sale, transfer, or use of alcohol or illegal
drug in the workplace; Reporting to work under the influence of
alcohol or illegal drugs; Sexual or other unlawful or unwelcome
harassment or discrimination; Theft or vandalism of City property;
Using threatening language.
"PROBATIONARY PERIOD" means a six month trial period of
employment. The period begins on the employee's date of hire or
rehire. To extend the probationary period, the City and the Union
must mutually agree that additional time is needed to evaluate the
employee's performance.
"PROMOTION" means progression to a higher position or
classification of service.
"PROVISIONAL EMPLOYEE" means an employee who is promoted
to, transferred to, or demoted to another bargaining unit position.
The City may return a provisional employee to his or her original
position within 30 days, without cause, and without the right of
appeal under the terms of this Agreement. 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.
"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 regularly work 40 hours a week
"REGULAR PART-TIME EMPLOYEE" means an employee who
regularly works less than forty hours a week. 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.
Page 36 of 37
"TEMPORARY EMPLOYEE" means a seasonal or temporary hire of
no more than six months in a 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
must be posted as per the provisions of Article 12 of this agreement.
The temporary appointment may be extended with agreement of the
Union.
"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 60 days.
"UNION BUSINESS" includes contract negotiations, grievance
hearings, labor -management meetings and hearings before the
Public Employment Relations Commission.
"UNION" means Local 846-W, Washington State Council of County
and City Employees, AFSCME, AFL CIO.
Page 37 of 37
D
rn
v
O
D
W
n
cn
O
O_
—
ff7
v
�
C
n
_
rD Q
�'
(D
�'
rD
�'
N
r�
0J
C i
m
Q
O
�
�
po
o
D
rvt,
as
C
rt
un
NLn
1*
N
1
N�
(
Qm
O
OQj
�,
o
_
t)
O3rt
O
f+_
Ln v
r*
N v»O7
rt
Ln
r+
_am
M
(D
r+
m
N
cn
In
r�
r
r�r
N
r(D
rrDD
rrDD
v
2 r
2
C
C
p
p
r*
r r
m
O'a
—
p
O
n
O
C: �.
C
�'
C
r)'
rD
_0
"O
p
rD
�,
O
p
rD
rD
r r
(D
Z
< v
�.
0]
�.
v
nj
O
as
n�
N
�
_0
0i
(D
2
v p
v n
N
3
�
�
O
rD
rD -0
N O
C
C
r+
rD
Z5
rD
=3
rD
rD
r+
rD
Z3
rD
D
r-h
rD
rt
H
H
H
H
H
H
H
H
H
N
H
H
H
H
H
H
N
H
H
H
H
N
H
H
H
p
�y
N
0
N
0
N
0
N
0
N
0
N
0
N
C
N
0
N
0
Iv
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
fV
0
fv
0
N
0
N
0
N
0
N
C
N
0
N
0
rnr
rD
-A
4:-
H
-P-
H I
4�:-
H
N
H
H
H
-0:-
H
-Ph
N
-Ph
H
P
H
A
H
H
P
H
P
H
-
N
H
P
H
4�:-
H
4�::-
H
4�h
H
dP
N
A
<
rD
cn
P
A
W
W
W
W
A-P:b
W-Ph
-P
W
W
N
N
W
W
rD
-Ph
W
N
O
W
I"
O
W
O
lD
N
I --A
A
W
N
M
Ln
I"
H
V
IZ
H
N
I-,
P
N
a)
W
M
Co
A
V
Ln
A
un
.P
U'I
P
W
00
00
I�
—
00
O
lD
M
LD
W
V
-P
CO
O
I"
�
O
Ln
W
N
lD
N
lD
IV
iD
V
U,
~'
00
lD
H
H
In
M
Q1
V
W
.p
:A
00
Qm
lD
41
O
N
N
N
N
N
N
It:,
V
I—
V
=
V
In
In
F,
N
O
In
W
�
O
N
lD
O
-Ph
W
N
Ln
V
In
P-Ph
-PI
W
W
W
W
-Ph
�-PI
-P�
W
W
N
N
W
W
rD
M
Cn
N
Cn
,A
N
H
In
.A
O
W
W
U1..
-P�
V
M
N
N
-0
I�
N
W
Cn
I`
Ul
fV
Ln
W
4"
W
-P�
ID
O
-P
V
In
U I
In
Ln
Ln
U'1
I-,
M
V
H
N
W
N
W
O
ID
O
N
lD
m
V
O
ID
N
m
00
lD
Ol
W
Q1
W
al
W
p
W
p
N
W
00
:rz-
:P-
F,
1-'
Ln
W
Ol
in
V
V
LM
:P.
lD
W
00
V
00
V
00
V
In
fv
Ln
LQ
00
-Ph
-P,
V
Ln
UI
In
In
N
V
00
Ln
z
00
W
o
N
4�:,
W
W
W
W
-Ph
-Ph
-P
.4
W
W
N
N
W
W
r+
O
V
m
W
N
m
Ln
W
fV
m
Ul
N
H
LM
-Ph
m
Qn
V
V
W
W
Ln
I�
Ln
00
Q1
O
V
N
-Ph
Ln
W
lD
U1
V
N
Co
Ul
�
V
N
N
�
W
Ln
In
In
00
W
M
VI
M
Cn
M
U1
ID
W
_p�
W
V
O
00
W
V
Ln
iP.
lD
On
in
N
H
V
O
Ol
N
W
O1
P
V
I-,
Ln
W
W
H
Ln
00
W
I--
In
00
W
O
H
00
V
P�
V
U'I
Ln
00
Ln
00
00
Ln
N
Ln
lD
00
O
X0
In
W
W
W
W
d�
-PIN
-P�
41�
-0�
W
W
N
1V
W
w
rD
00
V
�_P:-
V
m
A
W
00
V
W
N
m
In
V
m
I-,
N
H
H
H
F
00
00
�-9�h
70
lD
lD
lD
O
W
Ql
N
In
00
tD
cn
m
m
lD
m
m
m
m
m
m
00
N
V
O
00
H
W
W
O
00
H
N
Co
N
M
O
00
Ln
i-
W
b)
W
b-)
W
H
In
Ql
V
N
UJ
N
N
.P
N
00
V
00
Up
W
W
O
01
H
N
W
O
W
O
W
O
lD
-P�-
N
lD
lD
N
m
O
N
N
1-,
00
z
N
N
00
Ln
00
O
00
tD
lD
W
1-11
QP
A
P
W
W
W
W�
-P�
-P
-Ph
P
W
W
N
N
W
W
O In
O
lD
m
Ln
00
V
LM
-Ph
lD
00
Cn
V
V
00
00
I -I
H
H
N
N
H
lD
lD
LP
Ln
Z
�
N
W
-!-`+
V
N
CPI
Ln
M
N
lO
O
V
O
V
M
V
al
V
M
M
00
H
rD
I�
f J
p
U-I
UP
O
H`
N
V
O
W
U"1
ID
U"I
00
N
7
00
O
O
O
I -A
IV
O
N
T
O
W
W
N
O
V
N
00
V
O
O
W
ID
W
lD
W
lD
-P
N
O
N
r LU
(V
00
O
lD
N
N.)W
W
00
V
lD
W
M4�:-
U I
I-,
in
Ln
O
rD o
<
11
rD
Ln
L9
-Pb
�
4�:-
W
W
W
Ln
Ln
4�h
4�:-
U"I
-P
-1�:,
W
W
W
W
W
LA N
rD r+
N
I-'
00
V
O
lD
M
01
N
H
V
01
O
ID
O
lD
lD
CO
In
M
W
U-I
lD
N
O
O
W
-P
W
4�h
V
lD
V
V
V
V
V
V
I-,
U'i
U1
00
O
41
V
W
V
.p
Ln
W
ID
Ql
(z
N
�D
rn
�
rn
l0
rn
Ol
U I
lD
U I
i�
UJ
W
O
�!
Ln
:o.-
lD
I -I
O
:P,
In
0o
O
lD
i�
lD
W
lD
P
lD
P:1
00
V
-P:�
V
r
m Ln
00
lD
O
al
O
W
Ln
U I
U I
V
V
Ln,
W
Q1
I-�
V
Ql
W
I-'
< o
CD
•joAew aql Aq lenojdde
pue `peaq luawljedap pue jos!njadns aql Aq uoilepuawwo:)aj `uoilenlena a:)uewjojjad
aleijdojdde ue sajinbaj dais jagOiq lxau aql of uollenaIa job. uo!lepuaujujo:)a�J
•Jenjalu! jean( auo wnwiuiw a sajinbaj dais jag2iq lxau aql of dais auo WOJI uoilena13 'S
-dais auo uegl ajow jo uo!}ena!a
alSuis ou A!luanbasuoi'All eiluanbas jno:)o lsnw jagloue of dais auo ujojJ uo1lena13 •t
•@Oenn E dalS aql uegl jag2iq
aseo ou ui lnq '2uijiq of joijd joAew pue peaH luaw:peda4 aql Aq (enojdde pue Jana!
II!js gof of se uoileluawn:)op uall!jm sajinbaj Z dalS uegl jagBig aaAo!dwa ue 2u'JIH 'E
'AjesjanlUue lu@wAo!dwa jean(
u,pZ s,aaAoidwa aql jade pun a!q!9iia/algeuielle lou pue `@gem „Aaujnor joivaS„
aql 1a.2em jail u1S aql uegl jag2i4 %S 'uoil!sod aql jol aSenn jail u19 aql si 9 dalS
•snlels ti
dalS 2uiuielle jalle jeaA auo pun a!q!2iia/algeuielle lou pue 'a2enn „!anal Aaujnof„
aql 'agem jail 07 aql uegl jaq.2!q %E 'uoil!sod aql jol a2em jail u}S aql si S dalS '3
•snlels E dalS Suiuielle jade jean( auo pun a!q!2i!a/algeuielle
lou pue 'aOenn jail p,E aql uegl jag2iq %E 'uoil!sod aql jol agem jail u,i7aql si ti dalS a
•sniels Z dalS 2uiuielle jade jea % auo pun a!glloiia/a!geuielle
lou pue a2em jail puZ aql uegl jag2iq %E 'uoil!sod aql jol a2em jail paE aql si E dalS •D
.Ajesjaniuue luawAo!dwa jeaA sl aql jaije pun a!q!giia/algeuielle
lou pue 'a9enn fall ISZ aql uegl jag2iq %E 'uoil!sod aql joj a2em jail puZ aql si Z dalS '8
'E# le nno!aq paq!jz)sap uoileluawn:)op uall!jM pajinbaj aql lnogl!m
uoil!sod legl job. a2em 2uiuui2aq aql 'uoil!sod aql jol a2em jail ISZ aql si Z dalS •y
:sdals xis uieluo:) !!!m uoil!sod 1-13e3
ueid dalS aql ui paluasajdaj aq 1pm l!un 2uiuie2jeq aql ui uoil!sod g3e3 •Z
NVId d31S AiID
XIaN3ddd
33HDiVN3M 1SV3 30 AiID