HomeMy WebLinkAbout2017-09-11 - AFSCME, AFL-CIO Local 846-W - Collective Bargaining Agreements (2)2017 - 2019
COLLECTIVE BARGAINING AGREEMENT
Between
CITY OF EAST WENATCHEE, WASHINGTON
And
COUNCIL 2
WASHINGTON STATE COUNCIL OF
COUNTY & CITY EMPLOYEES,
Representing
LOCAL 846-W
Municipal Employees
American Federation of State County and
Municipal Employees, AFL-CIO
Effective
January 1, 2017 through December 31, 2019
Table of Contents
ARTICLE 1- PREAMBLE................................................................................................4
ARTICLE 2 - RECOGNITION.........................................................................................4
ARTICLE 3 - PURPOSE.................................................................................................4
ARTICLE 4 - UNION SECURITY AND DUES CHECK OFF...........................................5
ARTICLE 5 - MANAGEMENT RIGHTS..........................................................................6
ARTICLE 6 - STRIKES AND LOCKOUTS......................................................................6
ARTICLE 7 - SUB -CONTRACTING OF PUBLIC WORK...............................................7
ARTICLE 8 - NON-DISCRIMINATION............................................................................7
ARTICLE 9 - WAGES.....................................................................................................7
ARTICLE 10- GRIEVANCE PROCEDURE...................................................................10
ARTICLE 11 - HOURS OF WORK................................................................................12
ARTICLE 12 - OVERTIME PAY....................................................................................13
ARTICLE 13 - SPECIAL COMPENSATION PROVISIONS..........................................14
ARTICLE 14 - HOLIDAYS............................................................................................16
ARTICLE 15 - VACATIONS..........................................................................................17
ARTICLE16 - SICK LEAVE.........................................................................................19
ARTICLE 17- SENIORITY AND LAYOFF PROCEDURES..........................................20
ARTICLE 18 - JOB POSTING......................................................................................22
ARTICLE 19 -ADJUSTMENT FOR WORKMEN'S COMPENSATION ........................22
ARTICLE 20 - OTHER LEAVES...................................................................................23
ARTICLE 21 - GENERAL PROVISIONS......................................................................24
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ARTICLE 22 - HEALTH AND WELFARE.....................................................................27
ARTICLE 23- LIGHT DUTY..........................................................................................29
ARTICLE 24- DRUG TESTING.....................................................................................29
ARTICLE 25 - OUTSIDE EMPLOYMENT.....................................................................34
ARTICLE 26 - CONTACTS WITH NEWS MEDIA.........................................................34
ARTICLE 27 - SUPPLEMENTAL AGREEMENT..........................................................34
ARTICLE 28 - SAVINGS CLAUSE...............................................................................35
ARTICLE 29 — ENTIRE AGREEMENT.........................................................................35
ARTICLE 30 - DURATION OF AGREEMENT..............................................................35
Schedule of Definitions...............................................................................................36
APPENDIX"A...............................................................................................................39
CITY OF EAST WENATCHEE APPENDIX "B" CITY STEP PLAN ...........................40
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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.
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ARTICLE 4 - UNION SECURITY AND DUES CHECK OFF
4.1: 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.
4.2: 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'.
4.3: 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.
4.4: After each party has signed this Agreement, the City will post it on its website.
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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.
The Parties recognize that providing opportunities for individuals to serve
as interns, externs, community service workers, and volunteers is a valuable
service, both to the community and to the City. The City retains the right to use
individuals as interns, externs, community services workers, and volunteers to the
extent it deems appropriate.
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.
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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 Seniority & Layoff Procedures apply.
ARTICLE 8 - NON-DISCRIMINATION
8.1: Neither Party will unlawfully discriminate against an employee because of race,
color, age, sex, marital or military status, sexual orientation, gender identity, creed,
religion, ancestry, national origin, participation or lack of participation in Union
activities, or the presence of any sensory, mental, or physical disability, unless
based on a bona fide occupational qualification to the extent allowed by applicable
law.
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.
9.1.1 Underpayment. If there is a payroll error resulting in an underpayment of
wages to an employee, the City will include the pay correction in the employee's
next regular paycheck.
9.1.2 Overpayment. If there is a payroll error resulting in an overpayment of wages
to an employee, the employee must pay the City back in four payments, taken out
of the employer's next four regular paychecks.
9.2: Wages Scale Wage: The City must compensate each regular, full-time, or
part-time employee according to the wage scale wage assigned to the respective
classifications in Appendix "A" attached to and considered a part of this
Agreement.
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9.3: Administration of Wages: The City will administer employee wages as follows:
9.3.1: Upon 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.
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.
9.4: 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
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.
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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.
9.9: Wages:
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, 2018, 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.
9.9.3: Effective January 1, 2019, 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.
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ARTICLE 10- GRIEVANCE PROCEDURE
Grievances or disputes, which may arise, must be settled in the following manner:
10.1: Level 1:
An aggrieved employee or the Union must submit a written grievance to
his/her supervisor/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 supervisor/Department
Head must investigate the grievance and provide a written answer to the aggrieved
employee/Union.
10.2: Level 2.
If the aggrieved employee or the Union is not satisfied with the
supervisor/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.
10.2.1: 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
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.
10.2.2: 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 by the Judge to
Arbitration.
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10.3: 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.
10.3.1: 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.
10.3.2: 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.
10.3.3: 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.
10.3.4: 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 of 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.
10.4: The Union and the City may mutually agree to change the above time limits.
10.5: As used in Article 10 "Working Day" means Monday through Friday and
excludes Saturdays, Sundays and holidays.
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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 -weeks' notice given prior to temporary such changes being made
except for emergency conditions or unless all involved employees waive the two
weeks' 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
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
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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.
12.2: All work performed in a workweek will include authorized vacation, sick
leave and compensatory time off.
12.3: If an employee works overtime hours, he or she may choose to receive
overtime pay at the rate of one -and -one-half or he or she may choose to receive
compensatory time off at the rate of one -and -one-half rate. The City may not
require an employee to select the compensatory time off option. The City will cash
out accrued compensatory time hours by December 5th 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.
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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
• 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, his or her longevity pay would
begin on May 1).
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.
• MS degree: 4% of the employee's base monthly salary.
Ph.D. degree: 5% of the employee's base monthly salary.
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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 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 the Mayor's approval).
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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)
Presidents' Day
(Third Monday of February)
Memorial Day
(Last Monday of May)
Fourth of July
(July 4)
Labor Day
(First Monday in September)
Veterans' Day
(November 11)
Thanksgiving Day
(Fourth Thursday in November)
Day after Thanksgiving
(Fourth Friday in November)
Christmas Day
(December 25th)
Two Floating Holidays
(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. If
an employee is on a 10-hour shift, two of those hours shall be in the form of
accrued leave other than sick leave.
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 recognized holidays fall on a Saturday, the holiday will be
observed on the preceding Friday.
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14.6: For employees on a schedule other than a Monday -through -Friday
workweek, the following will apply. 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. 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. If the employee is
required to work on his/her holiday as outlined in 14.4, due to essential operations,
he/she will be compensated for that day as outlined in the following Section 14.7.
14.7: With the exceptions listed below, the City will compensate a regular
employee covered by this Agreement at the rate of one and one-half times their
regular hourly rate for all hours worked on a holiday. If an employee has to work
on a floating holiday, the floating holiday will be rescheduled for a later day. The
City will compensate a regular employee covered by this Agreement at the rate of
two times their regular rate for all hours worked on Thanksgiving Day or on
Christmas Day.
14.8: 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
5-9years
10 -14 years
15-19years
20 - 24 years
25 + years
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 may begin using accumulated vacation leave
after six months of continuous employment. Vacation leave is computed on a
monthly basis according to an employee's length of service at the beginning of
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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: Employees may carry over a maximum of 240 vacation leave hours
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. If an
employee dies during his or her employment with the City, the City will pay the
unused, accrued vacation balance in a lump sum to the employee's designated
beneficiary or the employee's estate. All payments as to unused vacation leave
are based on the employee's wage at the time of separation or death.
15.7: An employee covered by this Agreement is expected to utilize a minimum
of forty hours of vacation leave each year.
15.7.1: An employee 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 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
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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 Employees may carry over a maximum of 960 sick leave hours from December 31
of one year to January of the next year. For sick leave hours not used or not carried
over, the City will pay the value of the accrued hours, at the employee's current
rate of pay at the time of this payout, into Health Reimbursement Arrangement
(HRA) VEBA Savings 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
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.
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16.6 As long as his or her sick leave balance does not fall below 480 hours, an
employee may exercise an option to receive remuneration at his or her regular rate
of pay for unused sick leave at the rate of 10% for each accrued hour. An employee
may exercise this option annually by making a request to the City between January
1 and January 15. Monies received under this section will not be included for the
purposes of computing a retirement allowance under any public retirement system
in this state.
16.7 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 will
pay 25% of the value of the accrued sick leave hours into Health Reimbursement
Arrangement (HRA) VEBA Savings Account in the employee's name. If an
employee is separated from employment due to death, the City will pay 25% of the
value of the accrued sick leave hours into the employee's estate upon receiving
notice from a court -appointed, or otherwise verifiable, representative. Monies
received under this section will not be included for the purposes of computing a
retirement allowance under any public retirement system in this state.
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.
17.3: An employee's continuous service record is broken by:
• Resignation;
A layoff that lasts over one year;
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• 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:
• will not have seniority or other job rights;
• may be laid off or terminated at the discretion of the City;
• will be evaluated by the Department Director;
• will not be granted an extension of probationary period except unless
he Union and the City agree to an extension.
17.5 If the City needs to layoff an employee in a particular position, it must first
layoff temporary employees, 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 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
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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 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
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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
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
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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. The City requires an employee to use paid leave (sick, vacation, comp, and
on -call) during an FMLA-designated leave.
20.6: Bereavement Leave: If a death occurs in the employee's immediate
family requiring the attendance of the employee (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
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• 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 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 $600.00 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
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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. 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.
21.11: Payment of Tuition: The City must pay the cost of tuition for all courses
the City requires an employee to attend.
21.12: 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:
21.12.1: The Mayor determines that the City has the financial capability
to pay for the cost of tuition.
21.12.2: The Mayor determines, in advance of enrollment, that the
proposed course that directly applies to the employee's job.
21.12.3: The proposed course is accredited by the Northwest
Commission on Colleges and Universities.
21.12.4: 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.
21.12.5: 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.
21.13: 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 overtime or other premium pay more than once
for the same hours worked.
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21.14: 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 a written warning notice must previously have been
given 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 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:
• oral reprimand
• written reprimand
• suspension
• 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.
ARTICLE 22 - HEALTH AND WELFARE
22.1: Group Insurance - Health and Welfare: The City will maintain a group
Medical/Dental/0rthodontiaNis ion/Long Term Disability (LTD)/Life insurance. For
the term of this agreement, the City will pay up to the sum of $1,000 towards the
premium for an eligible employee for Medical/Dental/OrthodontiaNision insurance.
The City agrees to pay 100% of the full premium for LTD and Life insurance
(amount allowed by the City's policy through the City's insurance carrier) for
regular employees. Employees wishing to purchase additional life insurance may
do so at the employee's expense.
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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. For
the term of this Agreement, the City will pay up to the sum of $1,000 towards the
premium for a regular employee's first, eligible dependent, up to the sum of $950,
the City will pay 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 $375 per month to a Health
Reimbursement Arrangement (HRA) VEBA Savings Account 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 or dependents
are 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 domestic partner or dependents may not enroll in the City -sponsored
medical plan. The City, however, will contribute $375 for the non -enrolled
husband, wife or qualified domestic partner per month to a Health Savings Account
in the employee's name. For non -enrolled dependents, the City will contribute 50%
of the saved premium per month, up to a maximum of $200 per dependent, with a
maximum of two dependents, to a Health Reimbursement Arrangement (HRA)
VEBA Savings Account in the employee's name. The maximum contribution of the
City under this section may not exceed $775.
22.6: The maximum that the City will contribute to an employee's Health
Reimbursement Arrangement (HRA) VEBA Savings Account, for any reason, is
$1,150 per month. The City's has no obligation to make a contribution that is
scheduled to occur after the employee's termination date.
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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.
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 propitiations regarding alcohol and controlled substances and the right
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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:
24.2.1: 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.
24.2.2: 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 — Random Testing (above) the City may implement the applicable
substance abuse testing procedures outlined below if one of the events occur:
24.4.1: 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;
24.4.2: 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
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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.
24.5.1: The City will transport the suspected employee to a pre-
determined testing facility.
24.5.2: 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.
24.5.3: 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 24.5.6 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.
24.5.4: 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 sample, a blood sample will be
provided, which will be analyzed by the laboratory to determine if any of
those substances listed in paragraph 24.5.6 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.
24.5.5: 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.
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24.5.6: 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
GCIMS 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 75
• Cocaine metabolites 300
• Methadone 300
• Methaqualone 300 Opiates
• (Codeine) 300 Opiates
• (Morphine) 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 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.
24.5.7: Test results will be stored by the City in a secure file outside the
regular personnel files. Access to the fire 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;
City of East Wenatchee Page 32
Local 846-W
2017 — 2019 CBA
(iii) The information is needed by medical personnel for the
diagnosis or treatment of a patient who is unable to authorize
disclosure.
24.5.8: All costs associated with substance abuse testing, other than an
independent analysis requested by the employee, will be paid by the City.
24.5.9: 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 by the HR
Generalist in accordance with 24.5.7.
24.5.10: Should analysis of the specimens indicate a positive level of a
substance in an employee's system, the City will have the following options:
(1) Discharge the employee; or
(ii) (ii) Provide the employee an opportunity to enter into a Last
Chance Agreement.
A) 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
rehabilitation program will be paid by the employee or medical
insurance provider (within contractual limitation).
B) The employee will be reinstated to the employee's former
position when the following conditions have been met:
(i) The employee has successfully completed the treatment
program: and
(ii) The attending counselor has formally released the employee
to return to work; and
The employee agrees to submit to a substance abuse test.
City of East Wenatchee Page 33
Local 846-W
2017 — 2019 CBA
C) 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. 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 guidelines of Section 24.5.10(ii).
ARTICLE 25 - OUTSIDE EMPLOYMENT
Outside employment with prior approval. Employees may hold outside
jobs, including self-employment, if such employment does not:
• result in a conflict of interest;
• result in work for the City;
• result in outside work during an employee's work shift;
• involve the use of City equipment or supplies;
• result in having less than one full day off per work week; or
• 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
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.
City of East Wenatchee Page 34
Local 846-W
2017 — 2019 CBA
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
ARTICLE 30 - DURATION OF AGREEMENT
This Agreement is effective from January 1, 2017
through December 31, 20192
FOR THE UNION:
om Cash, Staff Representative
WSCCCE Council 2
Jere�y bItJ, Negotiating Team
Pres dent ocal 846-W
City of East Wenatchee Page 35
Local 846-W
2017 — 2019 CBA
FOR THE CITY:
eve Lacy, Mayor `J
City of East Wenatche
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 spouse„ domestic partner,
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.
City of East Wenatchee Page 36
Local 846-W
2017 — 2019 CBA
"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.
"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.
City of East Wenatchee Page 37
Local 846-W
2017 — 2019 CBA
"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
City of East Wenatchee Page 38
Local 846-W
2017 — 2019 CBA
CITY OF EAST WENATCHEE
APPENDIX "A
City of East Wenatchee Page 39
Local 846-W
2017 — 2019 CBA
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CITY OF EAST WENATCHEE
APPENDIX "B"
CITY STEP PLAN
1. Each position in the bargaining unit will be represented in the Step Plan.
2. Each position will contain seven steps:
A. Step 1 is the 1st tier wage for the position, the beginning wage for that
position.
B. Step 2 is the 2nd tier wage for the position, 3% higher than the 1 st tier wage.
C. Step 3 is the 31d tier wage for the position, 3% higher than the 2nd tier wage.
D. Step 4 is the 4th tier wage for the position, 3% higher than the V tier wage.
E. Step 5 is the 5th tier wage for the position, 3% higher than the 4th tier wage,
the "Journey Level" wage
F. Step 6 is the 6th tier wage for the position, 3% higher than the 5th tier wage,
the "Senior Journey" wage.
G. Step 7 is the 7th tier wage for the position, 2% higher than the 6th tier wage.
4. Elevation from one step to another must occur sequentially, consequently no single
elevation of more than one step.
5. Elevation from one step to the next higher step requires a minimum one year
interval. Elevation from one step to the next higher step will occur on January 1 st
of each year.
City of East Wenatchee Page 40
Local 846-W
2017 — 2019 CBA