HomeMy WebLinkAbout2022-01-01 - Teamsters Local Union No. 760 - Collective Bargaining Agreements (2)East Wenatchee Police Collective Bargaining Agreement Page 2 of 39
Table of Contents
ARTICLE 1. DEFINITIONS ........................................................................................................ 3
ARTICLE 2. RECOGNITION ..................................................................................................... 4
ARTICLE 3. NON-DISCRIMINATION ........................................................................................ 5
ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF ................................ 5
ARTICLE 5. MANAGEMENT CLAUSE ..................................................................................... 6
ARTICLE 6. CIVIL SERVICE AND SENIORITY .......................................................................... 7
ARTICLE 7. FAIR REPRESENTATION ..................................................................................... 9
ARTICLE 8. NO-STRIKE CLAUSE ............................................................................................. 9
ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY ............................................. 9
ARTICLE 10. HOLIDAYS .........................................................................................................16
ARTICLE 11. LEAVES .............................................................................................................17
ARTICLE 12. INSURANCE ......................................................................................................19
ARTICLE 13. WORKERS COMPENSATION .............................................................................21
ARTICLE 14. DRUG TESTING .................................................................................................21
ARTICLE 15. UNIFORMS AND EQUIPMENT ..........................................................................26
ARTICLE 16. GRIEVANCES ....................................................................................................27
ARTICLE 17. MISCELLANEOUS .............................................................................................31
ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS .............................................................31
ARTICLE 19. WAIVER OF BARGAINING ................................................................................32
ARTICLE 20. SAVINGS CLAUSE ............................................................................................33
ARTICLE 21. AMENDMENT OF AGREEMENT .......................................................................33
ARTICLE 22. LONGEVITY………………………………………………… ……………32
ARTICLE 23. DURATION……………………………………… .............. …………………………..33
APPENDIX "A" .........................................................................................................................35
APPENDIX "B" ........................................................................... Error! Bookmark not defined.
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THIS AGREEMENT is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”).
ARTICLE 1. DEFINITIONS
1.1 Employer or City - means the City of East Wenatchee, Washington. 1.2 Union - means the Teamsters Union Local No. 760.
1.3 Employee(s) or Officer(s) - means an individual employed in the Bargaining Unit covered by this Agreement. The term “employee” as used in this Agreement includes both male and female employees covered by this Agreement. In addition, wherever in this Agreement the masculine gender is used, it is the intent for it to apply to the feminine gender as well. 1.4 Bargaining Unit - means those employees for whom the Union is recognized as the collective bargaining agent pursuant to paragraph 2.1. 1.5 Full-time Regular Employee - means an employee, other than a temporary employee,
who is scheduled to work a “Normal scheduled work week” and who has successfully completed his or her probationary period.
1.6 Probation Period - means a one (1) year period, commencing upon the initial date of hire as a full-time regular employee, during which period an employee may be disciplined or discharged by the City at will and without just cause. An employee shall serve under the
terms and conditions of this agreement, except for Article 16 – Grievance Procedures involving any disciplinary issues or termination of employment. 1.7 Promotional Probation Period - means a six (6) month period commencing upon the initial date of a promotion during which a promoted employee may be returned to his or her previous classification by the City without just cause and at the sole discretion of the City. The decision of the City to return an employee to his or her previous position is not subject to Article 16 - Grievance Procedures. A. An employee promoted to a higher rank may voluntarily revert to their previous rank within the bargaining unit, at any time during their probationary period. 1.8 Regular Basic Hourly Rate of Pay - means the base hourly rate paid an employee. The regular basic hourly rate of pay shall be calculated based upon annual work hours of two
thousand and eighty (2080). 1.9 Normal scheduled work week - means hours of work, days on, and days off established
through semi-annual shift bidding. 1.10 Paid Status/Hours worked - Comp hours, Vacation hours, Sick hours, Paid Admin
Leave, Holiday hours, Regular hours worked, and Overtime hours worked.
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1.11 Date of Employment - The first day in paid status; used for the purpose of computing
advancements between the various grades of the rank of Police Officer, and for computing other compensation eligibility.
1.12 Ranks - For the purposes of this contract, the City establishes the following ranks: Sergeant, Police Officer First Class, Police Officer Second Class, Police Officer Third Class, Police Officer Fourth Class and Trainee. For the purposes of this agreement all ranks will be referred to as “officer”. 1.13 Overtime Rate - Overtime is to be paid at the rate of one and one-half (1-½) times the regular basic hourly rate of pay, including stipends and longevity, hereinafter referred to as time and a half. 1.14 Extended Leave - An absence, whether due to military leave, administrative leave, sick leave, light duty or leave of absence, continuous of two calendar months or more. 1.15 Shift - shall include roll call, mealtime and breaks. As used in this Agreement, the word "day" shall mean a calendar day.
1.16 Mandatory Overtime - Overtime that may not be refused by officers.
1.17 Call Back - A call back is defined as an official assignment of work, which does not immediately precede less than two (2) hours or immediately follow less than two (2) hours after an employee’s scheduled work hours.
1.18 Eligible Dependent - is an employee's spouse, 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. ARTICLE 2. RECOGNITION
2.1 Recognition. In accordance with the Washington Public Employment Relations Commission (PERC), decision 8692-E-90 (12/20/1990) and modified by Case number 14315-E-98 (03/14/1991), The Employer recognizes the Union as the sole and exclusive collective bargaining agent for the purpose of collective bargaining in respect to wages, hours, and other terms and conditions of employment for the employees of the City of East Wenatchee’s Police Department as follows:
A. Included: All non-supervisory full-time regular Law Enforcement Officers and Sergeants of the City of East Wenatchee Police Department.
B. Excluded: The Chief of Police, Assistant Chief of Police, Captains, Lieutenants, supervisors, confidential employees, department secretaries and
clerks, members of the Police Reserve, all non-commissioned personnel, part-time and temporary employees and all other employees of the City.
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ARTICLE 3. NON-DISCRIMINATION
3.1 Policy. Unless it is based upon a bona fide occupational qualification each provision of this Agreement applies to each employee without discrimination as to sex, race, creed,
color, national origin, marital status, sexual orientation, age 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.
3.2 City/Union Responsibilities. The Union and the City shall share equally in the responsibility for applying this provision of the Agreement. 3.3 Remedies. Employees believing themselves to have been the subject of unlawful discrimination shall seek relief through the appropriate federal or state agency charged with investigating such matters. This Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement. ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF
4.1 Union Membership. Employees covered by this Agreement may, following the beginning of such employment join the Union.
4.2 The Union agrees to represent all employees within the bargaining unit without regard to Union membership. The Union shall provide the Employer with thirty (30) calendar days’ notice of any change in the dues structure and/or the initiation fee structure.
4.3 When the Employer hires a new employee recognized as a position covered in the bargaining unit, the employer shall, within seven (7) calendar days of the date of
employment notify the Union in writing, giving the name, date of birth, hire date, address and classification of the employee hired. 4.4 The Union representative shall be given thirty minutes paid time with each new employee to discuss Union membership. 4.5 Upon written authorization from an employee within the bargaining unit the Employer shall deduct from the wages of that employee the sum certified as the assessment and monthly dues of the Union and shall forward such sums to the Union along with an alphabetized list showing the names and amounts deducted from each employee. Such deduction may be made only if the accrued earnings of the employee are sufficient to
cover said deduction after all other authorized payroll deductions, either required or order by law, for the employee have been made. Should an employee not have monies due them or the amount of such monies is not sufficient to satisfy the assessments, no
deduction shall be made for that month for that employee.
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4.6 Dues cancellation. An employee may cancel payroll deduction for dues by written notice to the Employer and the Union. The cancellation will become effective on the second
payroll after receipt of the notice. 4.7 The Union shall indemnify, defend and hold the Employer, its officials, representatives
and agents harmless from and against any claims, lawsuits and actions made or instituted against the Employer, its officials, representatives or agents for good faith efforts to comply with this article, including any lawsuits or actions naming the Employer, its officials, representatives or agents as a party, resulting from any “check-off” of dues for the Union. The Union shall refund to the Employer any amounts paid to it in error on account of the “check-off” provision upon presentation of proper evidence thereof. ARTICLE 5. MANAGEMENT CLAUSE
5.1 Retention of Rights. The City shall retain all customary, usual and exclusive rights, functions, prerogatives, and authority connected with or incident to its responsibility to manage the affairs of the Police Department without the need or obligation to bargain further with respect to any such subjects or the effects thereof or the exercise of its
discretion and decision-making authority. 5.2 Management Rights. It is understood and agreed that the Employer possesses the sole
right, authority, and responsibility to lawfully operate the Police Department and to command and direct the employees of the Police Department in all aspects, except as specified in this Agreement. These authorities and responsibilities include, but are not
limited to, the following: A. Determining and executing its mission, policies, and all standards of service provided to the public. B. Planning, directing, scheduling, commanding, and controlling the service operations furnished by the members of the Employer. C. Determining the methods, means, and number of personnel needed to carry out the operations and services of the Employer. D. Establishing, publishing, and enforcing reasonable rules and regulations, which govern the routine functions of the Employer. All new policies, rules and regulations shall be enforced equally and shall be posted for a minimum of thirty
(30) days for all employees to review prior to being enacted. In the case of an emergency, the thirty (30) day notice shall not be required.
E. Determining the specific programs and services offered by the City, and the methods, means and facilities by which they shall be effectuated.
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F. Determining the nature and qualifications of the work force and assigning duties and equipment, along with directing and evaluating employees in the performance
of their work assignments and determining schedules of work and time off. G. Hiring, promoting, training, retaining, laying off, (subject to this agreement and to the
city's civil service system and the rules and regulations of the city's civil service commission); suspending, and disciplining, demoting and discharging employees for just cause and discharging probationary employees at will. H. Setting standards of service, and establishing department policy/procedures, work rules, regulations, safety procedures and personnel policies and procedures. I. Selecting, increasing, diminishing, or changing equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. J. Effecting a reduction in authorized positions because of lack of work, budgetary restraints, physical limitations, organizational changes, or other reasons; and
K. Taking any action necessary to carry out its mission in an emergency.
This list is not an all-inclusive list of all the City's rights, functions, prerogatives or authority, but only serves as a general guide. The City expressly reserves, and the Union agrees, that the City retains all customary, usual and exclusive rights as set out in paragraph 5.1 of
this Agreement, unless expressly set forth to the contrary in this Agreement. 5.3 Effect of City Ordinances, Resolutions and Policies. Unless otherwise specified in this Agreement wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with City ordinances, resolutions and policies. 5.4 Union Rights. The Union does not waive any right the Union has under applicable state laws, including but not limited to, the right to require the City to bargain any subject matter held by state laws to be a mandatory subject of bargaining which is not otherwise covered by this agreement; or effects bargaining regarding topics that are held by state law to be permissive topics of bargaining which are not otherwise covered by this Agreement.
ARTICLE 6. CIVIL SERVICE AND SENIORITY
6.1 Civil Service. Unless otherwise set forth in this Agreement the Union agrees the City's existing Civil Rules, as set out in Title III of the East Wenatchee Municipal Code ("EWMC"), shall be incorporated herein. If the East Wenatchee City Council adopts a new Title III to
the EWMC governing the City's Civil Service System, then the new provisions of the City's Civil Service System shall be incorporated by reference into this Agreement.
A. If the terms and conditions set forth in the agreement conflict with any Civil Service Rules, the terms and conditions of this Agreement prevail.
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6.2 Seniority. Seniority, as used in this Agreement, is defined as the length of an employee's
continuous full-time service with the East Wenatchee Police Department since his/her last date of hire, including any authorized leave of absence, up to a maximum of one (1) year.
6.3 Application of Seniority. For all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications, skills and ability (including physical ability) of an employee to perform the required work. In the event two or more employees are deemed equally qualified by the City, then seniority will be used as a tie-breaker. A. Non-promotional Appointments: For specialty and non-promotional appointments or assignments, the Chief of Police shall have the right to appoint the most qualified, best candidate for the position, based on the Chief evaluation of the candidates’ skills, abilities, and aptitude. This shall include appointments to Instructor Positions, Field Training Officers, School Resource Officers, Detectives and Regional Task Force Positions. These appointments shall be at sole discretion of the Chief of Police and may be revoked at the discretion of the Chief of Police. 1. The Chief of Police shall post a notice (for two (2) calendar weeks) to all
eligible employees of non-promotional appointment or assignment opportunities. All eligible employees shall have the right to submit a request for consideration for the position.
2. Probationary employees shall not be eligible for non-promotional appointments or assignments listed above.
B. Lay-off & Recall: In the event of lay-offs and/or recall from layoff, the qualifications, skills, work history and ability of an employee to perform the essential functions of a particular position shall be considered prior to seniority in selecting individuals for layoff or recall from layoff. No new officers shall be hired in any classification until all officers on lay off status have had an opportunity to return to work with full seniority or more than twelve (12) months has passed since the date of layoff. No officers shall be promoted until all officers have returned to the rank held prior to layoff. 6.4 Seniority List. Upon request the City shall provide the Union a list of all current employees
of the Bargaining Unit with their respective seniority dates. Any objections to such list shall be reported to the Police Chief or his designee within seven (7) working days of the date of receipt or said list shall be approved as submitted.
6.5 Rank and Service. An employee shall lose all seniority in the event the employee:
A. Resigns; or B. Is discharged for just cause; or C. Is absent for three (3) consecutive working days without notifying the Chief of Police, or his designee; or D. Is laid off for a period in excess of one (1) year; or
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E. Retires or is retired; or
Seniority shall not accrue when an Employee is off the job due to strike or unauthorized form of work stoppage pursuant to Article 8, paragraph 8.1 of this Agreement. ARTICLE 7. UNION VISITATION
7.1 Union Investigation and Visitation Privileges. The City agrees that the Union's local
Business Representative, with prior notice to and permission of the Chief of Police or his designee, may visit the City Police Department at reasonable times for the purpose of investigating grievances. Such representative shall limit his activities during such investigations to matters relating to this Agreement; provided, however, he shall not interfere with the operation or normal routine of the Police Department. The City reserves the right to designate a meeting place or to provide a representative to accompany the local Union Business Representative where operational requirements do not permit unlimited access. ARTICLE 8. NO-STRIKE OR LOCKOUT CLAUSE
8.1 No Strikes or Work Stoppages. Neither the Union nor any officers, agents of the Union or Employees shall aid, cause, promote, authorize, sponsor, participate in or condone any strike, slow-down, refusal to perform overtime, or any other interruption or disruption with
the work and/or statutory functions and/or obligations of the City, regardless of the reason for doing so. Employees who engage in any of the above-referenced activities shall not be entitled to any pay for any wages or other fringe benefits during the period such employee
is engaged in any such activities. 8.2 Picket Lines. Employees, while on duty or in uniform, shall not honor any picket line,
whether established by the Union or otherwise. 8.3 Violation of this Article. The City may discipline or discharge any employee who violates this Article. The Union expressly agrees any such action by the City shall not be grievable by the Union except to determine if the employee did in fact violate this Article. 8.4 Union Obligations. In the event of a violation of this Article by any member of the Bargaining Unit, the Union agrees to inform its members of their obligations under this Agreement and direct them to comply with this Article. 8.5 The City agrees that there will be no lockouts. ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY
9.1 Scope. This Article defines the normal hours of work and establishes the basis for the calculation of overtime. It is not a guarantee of hours of work per day, work period, month or year and it is not intended to establish a right to compensation in any form for time not
worked, unless specifically set forth in this Article.
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9.2 Normal Work Week and Workday. The City may utilize the following work schedules, work
periods and/or workdays. A. Four (4) ten (10) hour shifts, with the workweek starting on Sunday at midnight and
ending on Saturday at 11:59 pm for the purpose of the FLSA overtime threshold of 40 hours in a workweek. B. Five (5) eight (8) hour shifts, with the workweek starting on Sunday at midnight and ending on Saturday at 11:59 pm for the purpose of the FLSA overtime threshold of 40 hours in a workweek. C. Seven (7) twelve (12) hour shifts in a fourteen (14) calendar day cycle. The City and the Union recognize the FLSA 207(k) exemption for members of the bargaining unit when utilizing a twelve (12) hour shift schedule/rotation. 1. The City agrees that the primary work shift/work period will be established as a fixed fourteen (14) day work period beginning on a Monday and ending on the Sunday, thirteen (13) calendar days later.
2. For designated patrol officers and Sergeants, the City agrees to utilize a 12-hour work schedule where the employee will work two (2) consecutive days
on, followed by two (2) consecutive days off, followed by three (3) consecutive days on, followed by two (2) consecutive days off, followed by two (2) consecutive days on, followed by three (3) consecutive days off.
a. The Employer will schedule one (1) eight (8) hour shift every fourteen (14) day work period, creating a work period of 80 hours. b. Overtime shall be paid for any compensated hours exceeding the 80 hours in any fourteen (14) day work period as defined above, or for any time worked in excess of twelve (12) hours in any one work period. D. In the event that the City determines that it is not possible, or cost effective based on staffing levels to utilize the twelve (12) hour schedule rotation, the City may
move the patrol force to either the 5/8 or 4/10 schedule or utilize any combination of the above authorized shifts.
1. Prior to make the schedule change, the City shall provide the Union sixty (60) days’ notice of the intent to change to the alternate work schedules.
a. The notice shall include the anticipate date of the change, the shift schedule to be utilized, the anticipated duration of the change in shift schedules, if known, and notice of a new shift bid for the alternate shift schedule.
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b.The City shall re-bid all shifts, which shall not be part of the normalshift bid process unless the date of the change corresponds with a
normal shift bid rotation.
c.The notice and re-bid procedures shall not be required in an
emergency which is required by circumstances outside of the controlof the employer.
E.The City may establish and/or utilize a standard 40-hour workweek for specialty
units, positions, or assignments, including temporary or short-term training
assignments with the appropriate notice.
1. The City agrees to utilize a four (4) day, ten (10) hour work period, when
possible, for Detectives and other specialty assignments. When necessary,
the City may implement a five (5) day, eight (8) hours work period.
F.Employees shall be permitted to voluntarily trade shifts, provided the Chief or his
designee approves any/all exchanges in advance. The Union and the City agreethat, should problems arise regarding approval of shift trades, the parties shallmeet to discuss the issue(s) for resolution. It is further agreed the disputesregarding shift trades are not subject to Article 16 Grievances. The recipient ofthe shift assumes full ownership as if it is his/her own shift. Hours involved in the
exchange will not be subject to overtime pay without approval of the Chief or hisdesignee.
G.In the event the City places an employee on administrative leave, the employee’sscheduled while on administrative leave shall immediately change to a five (5)eight (8) hour shift, Monday through Friday, 0800-1600 hours.
9.3 Shift Bidding. The City will conduct shift bidding twice per year, to take effect on January 1st and July 1st of each year. The shift bid will be conducted at or as near as possible to thirty (30) days prior to the effective date. Sergeants will bid their shifts first, followed by officers. The order of choice will be made by seniority, highest to lowest. For changes between shift bids, the Chief of Police will assign vacancies as they occur.
9.4 Schedule Changes. The City will attempt to maintain a consistent and predictable work schedule for its employees. However, circumstances arise where changes must be made to the schedule to prevent disruption to City services, prior to implementing any changes, except in the case of an emergency, the City will give affected employees two (2) week notice.
A.Changes with less than two (2) week notification may only result in an adjustment of
up to two (2) hours before or two (2) hours after an employee’s normal scheduledwork shift. Hours in excess of (2) hours will be paid at the overtime rate.
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B. Notification of changes to an officer’s normal scheduled work week will be made by email and/or by phone message. Officers have the obligation to reply to these
messages. C. Work schedules showing the employees' shifts, workdays, and hours will be posted
on the department bulletin board or by using the department scheduling software at the option of the employer. 9.5 Overtime Scheduling Procedures. For known overtime with more than seven (7) calendar days’ notice, the overtime shall be posted and awarded on the basis of seniority. If an overtime shift arises that cannot be scheduled seven days in advance, shifts shall be offered utilizing the seniority list for contacting officers as defined below. A. For overtime that is less than two (2) hours in length, the on-duty Sergeant may extend an on-duty officers work shift to cover the overtime. The Sergeant may also call in an on-coming officer for overtime period that are two hours or less. 1. Unless an emergency exists, officers should not work more than seventeen (17) hours in any one 24-hour period.
B. When overtime becomes available with less then seven (7) calendar days’ notice, and the Sergeant is not able to extend the scheduled officers, notice will be
provided via text message to a cellular telephone number designated by each officer. The text message shall be sent as a “group text” or electronic communication.
C. Overtime will be award to the most senior officer who responds to the group text within 20 minutes of the group text being sent out. Overtime notification via text message should be sent out between the hours of 8AM and 10PM, unless an emergency situation is present and the city is unable to wait to fill the shift. D. After the appropriate time has elapsed (20 minutes with the appropriate notice) the overtime will be awarded to the first officer to respond, regardless of seniority. 9.6 Mandatory Overtime. The Chief of Police or their designee shall have the right to require overtime work and employees may not refuse overtime assignments.
9.7 Overtime Pay. Employees shall be paid one and one-half (1½) times their regular basic hourly rate of pay for all hours compensated in excess of forty (40) hours in a work week if
an employee is working a schedule that is based on a forty (40) hour week, eight (8) hours in a work day if an employee is working a five (5) day, eight (8) hour per day work week; or ten (10) hours in a work day if an employee is working a four (4) day, ten (10) hour per day
work week; or hours in excess of the regularly scheduled shift, such as alternative work period schedules; i.e. twelve (12) hour / eight (8) hour combinations, etc. A. All overtime shall be calculated and compensated for in fifteen (15) minute increments.
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B. All overtime shall be authorized by the Chief of Police or his designee in advance or
such longer time that is reasonable under the circumstances, in order to qualify as paid time.
9.8 Compensatory Time. Employees may accrue Compensatory time in lieu of overtime pay. Compensatory time may be accrued at the rate of time and one-half (1 ½) for up to one hundred twenty (120) hours per year. Compensatory time may be carried over from one calendar year to the next. A. Compensatory time may be used when approved by the Chief of Police or designee and may be used in lieu of vacation days. If an employee has more than 200 hours of accrued vacation leave, the employee must use accrued hours of vacation prior to using compensatory time. For record keeping and accountability compensatory time accrued or taken shall be recorded on the employee's monthly time sheet. B. Requests for use of Compensatory time submitted at least two (2) weeks prior to the date of the request shall not be denied unless it would require mandatory overtime to meet the staffing requirements. Request submitted with less than two
(2) weeks’ notice shall be approved or denied on a case-by-case basis, as the option of the employer.
9.9 Court Time. Employees required to appear in Court or to conduct other City-related business during their off-duty hours, either as arresting officer or witness, shall receive a minimum of two (2) hours when scheduled to appear in Municipal Court, or four (4) hours
when scheduled to appear in Superior Court, or for the actual time spent in court, whichever is greater. These hours will be compensated at the employee’s overtime rate. A. When an officer is scheduled to appear in court outside of their regularly scheduled shift, prior to 1700 on the last business day preceding the court date, the officer shall call the court and check to see if their court appearance has been cancelled. If the officer fails to call the court as required and does not learn that the court appearance has been cancelled, the officer shall not be entitled to any overtime and/or callback pay for the court appearance. If court is cancelled between calling at 1700 hours and the appearance time, it is the courts responsibility to reasonably attempt to contact the officer. If not, the officer will be
paid a minimum of two (2) hours of callback. B. Jury Duty: Any necessary leave shall be allowed by the Chief to permit any
officer to serve as a member of a jury. 9.10 Call Back. All callbacks shall be compensated at the appropriate rate for two (2) hours or
for the actual time of the assignment, whichever is greater. All call back time will be counted toward the accumulation of hours under the terms of Article 9.7 for purpose of determining overtime payments.
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9.11 Shift Differential. In the event an employee is scheduled and works a shift with a starting time between 2PM and 5AM for seven (7) or more workdays in a calendar month,
the employee will be entitled to the following lump sum shift differential payment for the employee’s entire shift:
Shift differential pay: 1% of the employee’s base pay per month 9.12 Breaks. Each workday will include a thirty (30) minute lunch period and two (2) fifteen (15) minute rest periods. All employees shall be subject to immediate call during meal or rest periods. A. Employees scheduled for a twelve (12) hour work period shall be entitled to one (1) additional fifteen (15) minute rest period. 9.13 K-9 Officers. The City's designated K-9 officer will be paid a stipend of four percent (4%) of the employee’s base monthly salary for grooming, cleaning and feeding the City's police dog during the employee's regularly scheduled off-duty time. 9.14 Detective. The officer designated as the city’s detective will be paid a stipend of four
percent (4%) per month for performing the diverse range of additional investigative duties outlined in the city’s current job description for that position.
9.15 Task Force. Employees assigned as drug task force members will receive a stipend equal to four percent (4%) of the employee’s base monthly salary for meeting the necessary requirements to participate on the task force.
9.16 Bi-lingual officer. An officer who is fluent in a second language, and who is expected to use such abilities in the course of his/her employment with the City will be paid a stipend of four percent (4%) of the employee’s base monthly salary for such services; subject to proficiency testing by a third party to be determined by the Employer. This stipend shall not be considered for pyramiding purposes. 9.17 School Resource Officers (SRO). An officer who is designated an SRO will receive incentive pay as outlined in Appendix A, which is attached and incorporated as part of this Agreement.
9.18 Field Training Officer (FTO). An officer who has completed FTO training and is assigned by the Chief of Police or their designee shall receive incentive pay as outlined in Appendix A, which is attached and incorporated as part of this Agreement.
9.19 Qualified Instructor Pay. An officer who is certified as an instructor and designated by the Chief of Police as a department instructor in Firearms, Defensive Tactics, Patrol Tactics
Instructor or other instructor certification that is determined necessary by the Chief of Police, shall receive incentive pay as outline in Appendix A which is attached and incorporated as part of this agreement.
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9.17 Per Diem. If an employee is required to travel 50 miles or more away from the City and is required to stay overnight in the performance of their official duties, the employee shall be
paid per diem allowance in accordance with the rates established by the US. General Services Administration.
A. The City shall provide an advance payment check to the employees prior to the travel dates. The parties agree that the use of “reimbursement” of employee expenses for travel shall be avoided whenever possible. B. The City shall provide a credit card or gas card for the purchase of fuel for City owned vehicles while on travel status. Employees who utilize their personal vehicles for authorized travel shall be reimbursed at the standard IRS mileage rate for business. C. For an emergency travel and/or travel advances with less than three (3) business days’ notice, the City may require an employee to utilize a city credit card for all expenses. For all credit card expenses, the employee shall be required to submit receipts for expenses that are in accordance with applicable City Polices.
9.18 Educational Incentive Pay. Employees possessing a degree from an accredited institution, will be eligible to be paid an educational incentive stipend in accordance with the following schedule:
AA degree 1.5% of the employee’s base monthly salary BA, BS degree 3% of the employee’s base monthly salary
A. The City will reimburse employees for the tuition cost of a course if the Mayor determines, in advance of enrollment, that the proposed course directly applies to the employee’s job. Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of C or better, provided that the City shall not pay more than $250 per credit hour. B. Employees may choose to receive the educational incentive pay outlined in 9.18 or tuition reimbursement outlined in 9.18.A, but not both.
9.19 Officer in Charge (OIC). The City will pay an employee assigned as an OIC for four (4) or more hours of a shift a stipend of four percent (4%) of the employee’s base hourly wage for all hours worked as an OIC. This stipend does not apply to an employee holding the rank
of Sergeant. A. Squad Sergeants, subject to the approval of the Chief of Police, shall be
responsible for selecting which officer is designated as the OIC during the Sergeants absence for periods of four (4) or more hours. OIC pay shall only apply when there is no Sergeant on-duty.
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B. The Sergeants determination of which officer will serve as the OIC may be appealed to the Chief of Police, who’s decision shall be final and binding. The
grievance procedure shall not apply to the determination of who is selected by the squad Sergeant to serve as the OIC.
9.20 No Pyramiding. There shall be no pyramiding of overtime pay or other premium wages, including call back pay, under this Agreement. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked. 9.20 Incentive Pay limitations. Employees shall be limited in the number of incentive pays that they can receive in accordance with the provisions of Appendix A, which is attached and incorporated into this Agreement. 9.21 Longevity Pay. The City will provide Longevity Pay in accordance with Appendix A, which is attached and incorporated into this Agreement. 9.22 Outside Employment. Employees may hold outside jobs with the prior approval of the
Chief of Police, including self-employment, if such employment does not involve the use of City equipment or supplies, or in the City's sole discretion, (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)
result in having less than one full day off per work week; or (5) 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 10. HOLIDAYS
10.1 In lieu of designated paid holidays, employees will accrue hours into a “Holiday Bank “,
Holiday hours will be accrued twice per calendar year, on first (1st) pay period in January
first (1st) pay period in July each year.
A. Holiday hours shall accrue based on the employees assigned shift and divided
into the two accrual dates.
1. Employees assigned to an eight (8) hour shift shall accrue 64 hours on
January 1st and on July 1st of each calendar year.
2. Employees assigned to a ten (10) hours shift shall accrue 72 hours on
January 1st and on July 1st of each calendar year.
3. Employees assigned to work a twelve (12) hour shift shall accrue 80
hours on January 1st and on July 1st of each calendar year.
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B. If and employees assigned schedule changes, resulting in a change of accrual
rate, the employee’s new accrual rate will be effective on the next Holiday
dispersal pay period.
(Example)
1. If an employee changes from a 12-hour schedule to a 10-hour schedule
on May 1st, the employee’s previous accrual ratel of 80 hours will remain
unchanged. The July accrual rate will be 72 hours representing the new
10-hour based schedule.
2. If an employee changes from a 10-hour schedule to a 12-hour schedule
on May 1st, the employee’s previous accrual rate of 72 hours will remain
unchanged. The July accrual rate will be 80 hours, representing the new
12-hour schedule.
C. Temporary schedule changes, for training or other periods of less than thirty (30) calendar days shall not affect the holiday accrual rates. 10.2 New employees will be provided holiday hours based on hire date with the holidays
being prorated (i.e., 12-hour shifts = 13.3 per month). If hired on or before the 5th of the
month, the employee shall be given credit for that month.
10.3 Terminating employee’s accrual hours shall be prorated to determine if any hours need
to be paid or used hours need to be reimbursed to the City upon termination. The hours
shall be calculated by dividing the number of hours accrued by the total number of
months during the accrual period. The City shall be authorized to withhold from the
employee’s final payout any used but unearned Holiday Bank hours.
10.4 No additional holiday compensation shall be paid or provided in addition to the holiday bank for working any holiday.
10.5 Requests for an employee’s usage of Holiday time may be denied if the approval will create
a disruption of department services or the creation of overtime as a result of the approval. 10.6 Holiday hours may be taken as leave and/or pay at the request of the employee. Any
unused hours will be cashed out at the employees’ regular rate of pay (including stipends and longevity pay) on the last pay period in December and the first (1st) pay period of July in each calendar year. ARTICLE 11. LEAVES
11.1 Vacation Leave, Sick Leave, Shared Leave, Military Leave, Family Leave, Paid Administrative leave and Leaves of Absence. Unless otherwise specified in this
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agreement, the City's existing policies and procedures regarding, sick leave, shared leave, disability leave, leaves of absence, and the medical/dental/vision insurance and retirement
plans, shall apply to all employees covered by this Agreement. 11.2 Vacations. Each regular full-time employee is entitled to accrue vacation leave as
follows: Years Of Employment Vacation Hours Earned 0 - 4 years 8 hours / month 5 - 9 years 10 hours / month 10 - 14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 – 24 years 16.33 hours / month 25+ years 17.33 hours / month A. Vacation may be taken in hourly increments, minimum of one (1) hour. B An employee may accrue an unlimited amount of vacation leave hours during a calendar year. The maximum number of vacation hours which may be carried over
from December 31 of one (1) year to January of the next year is two hundred forty (240) hours. Employees will be paid for unused vacation time upon termination of employment.
C. New employees shall accrue vacation time but will not be permitted to utilize it until after completing six (6) months. Employees who do not complete six (6) months of
service shall not be paid for the vacation accrual upon termination. 11.3 Vacation Bid. The City will establish a process for the annual bid for usage of Vacation Leave based on seniority. This bid will consist of two rounds of bid and will be offered before December 15th of each year for the following year’s vacation. A. First round will be seniority based. Emergencies may dictate that the requested time is subject to change. However, if an officer, at no fault of their own is unable to reschedule leave time prior to the end of the year, the employee will not forfeit said leave. This time off will be limited to the usage of two (2) weeks or eighty (80) hours of leave in week long or forty (40) hour blocks.
B. Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days.
C. All requests for usage of Vacation Leave after annual bid process will be non-seniority, based first come first serve. The City has the right to refuse these
requests based on department needs. 11.4 Leave usage upon retirement – Sick Leave Cash Out. Officers who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Leave, and Comp Time) prior to date of
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retirement. During this time, the officer’s schedule will be considered five (5), eight (8) hour days, Monday through Friday. The City will cash out a retiring employee’s sick
leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in
accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. 11.6 Sick Leave. Employees shall accrue eight (8) hours of sick leave per month, up to a maximum of 960 hours on January 1st of each calendar year. A. Sick leave shall be used in 15-minute increments. B. Sick leave may be utilized for employee and immediate family members as outlined in Chapter 49.46 RCW and Chapter 296-128 WAC. C. The Cities “Shared Leave” program, under Chapter 2.36.010 is adopted by reference to this agreement and members of the bargaining unit shall be
permitted to participate. 11.7 Bereavement leave. If a death of an employee’s family member occurs, the City will grant
an employee three (3) days of bereavement leave. If the death of a family member requires an employee to travel out-of-state, the City will grant an employee two (2) additional days of bereavement leave.
11.8 State and Federal Leave: The City of East Wenatchee shall comply with all state and federally mandated protected leave laws, including the Washington State Paid Family Leave Act., the Family and Medical Leave Act and any other mandated state or federal leave act that is applicable to the employee. ARTICLE 12. INSURANCE
12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional 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). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self-
insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making
any such changes the City agrees to meet with the Union and negotiate the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance
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provider in benefits, co-payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance
providers from one plan year to another. Probationary Employees shall be eligible to participate in the City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs.
12.2 Waiver. 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 Account/VEBA the employee’s name. An employee must elect waiver
between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law.
12.3 Spousal Coverage. 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 domestic partner may not enroll in the City-sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA the employee’s name.
12.4 Defendant Coverage. If an employee’s dependent is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City-sponsored medical plan. The
City, however, 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 Account/VEBA in the employee’s name. The maximum contribution of the City under this
section may not exceed $400.
12.5 VEBA Maximum. The maximum that the City will contribute to an employee’s Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain
substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, preferred provider
provisions, prohibition on weekend admissions, except in emergency situations and mandatory out-patient elective surgery for certain designated surgical procedures.12.7
12.7 Terms of Insurance Policies to Govern. The extent of coverage under the insurance policies (including self-insured plans), referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning said insurance policies or plans or benefits there under shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has
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contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other
Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee.
12.8 Effective January 1, 2022 the Employer agrees to contribute $175.00 per month for each bargaining unit member who is compensated for 80 hours or more in a calendar month, to the Teamsters Retiree Welfare Trust XL Plus plan. ARTICLE 13. WORKERS COMPENSATION
13.1 Income Loss Supplement. The City shall pay to an injured employee the difference between what the employee receives from the City's Workers' Compensation insurer and the employee's regular salary after taxes. The dollar value paid by the City shall be converted to the employee's regular basic hourly rate of pay and charged on an hourly basis against the employee's accrued sick leave and vacation, in that order. Upon exhaustion of the employee's vacation and sick leave, the supplemental payments shall cease. Following the exhaustion of the employee's supplemental benefit under this Article,
the employee shall receive Workers' Compensation benefits as provided under state law. 13.2 Administrative Separation. If an employee is disabled from returning to work and has
exhausted the supplemental benefits provided for in paragraph 12.1 above, the employee is eligible for administrative separation subject to the employee's right to reappointment provided by law. ARTICLE 14. DRUG TESTING
14.1 Purpose. The City has a strong commitment to provide a safe work 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 and/or controlled substances. 14.2 Prohibition Regarding Alcohol and/or Controlled Substances. A. Reporting for work under the influence of alcohol or illegal 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 and sufficient cause for immediate discharge.
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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. The City
may, at its sole discretion, consult with the employee's attending physician concerning the affects a substance may have on that employee. C. In the event the employee does notify his/her supervisor immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the City may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, impair the employee's ability to safely, properly, and effectively perform the employee's duties and may decline to permit the employee to work until the effects of the medication subside to an acceptable level.
D. 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. E. Violation of this Section of the Agreement will result in disciplinary action, including
termination. 14.3 Random Testing. To help provide a safe work environment and to protect the public by
insuring that employees have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to random drug or alcohol screening tests. The City may conduct such random testing up to one time per calendar quarter. 14.4 Current Employee Substance Abuse Testing. In addition to paragraph 14.3, the City may implement the applicable substance abuse testing procedures outlined below if one (1) of the following events occur: A. Management personnel concludes through objective observation, investigation, and evaluation that an employee is under the influence or
impaired by the use of alcohol, drugs and/or controlled substance. A. Where an employee is involved in any accident due to the action, inaction,
or inattention of the Employee. B. Where the City receives reliable information based upon personal knowledge of an
individual, including but not limited to other employees of the City, the medical community, or law enforcement personnel, of involvement by the employee with alcohol and/or controlled substances.
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C. 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 limitation, suspension and/or termination.
14.5 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 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 shall 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 (f) below are present in the employee's blood. However, within twenty-four (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 twenty-four (24) hour time frame, the employee shall 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 shall 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 shall be the GC/MS test.
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Levels. The following cutoff levels shall 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 shall be confirmed by GC/MS 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 Chief of Police or his
designee. The Chief of Police or his designee will evaluate those results and confer with the Mayor to determine the City's course of action. G. Test results will be stored in the Police Department in a secure file outside the regular personnel files. Access to the file will be extremely restricted--only the Mayor, Police Chief and/or his designee 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: 1. The information is compelled by law or judicial or administrative process;
2. The information has been placed at issue in a formal dispute between the City and the prospective employee;
3. 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.
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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 shall 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: 1. Discharge the employee; or 2 Provide the employee an opportunity to enter into a Last Chance Agreement. The Last Chance Agreement shall 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 sixty (60) days and shall enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this sixty (60) day period. If the employee
successfully enrolls and completes the program within sixty (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). The employee will submit to the Police Chief or his designee semi-weekly written progress reports from the employee's counselor during the entire treatment program. 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.
3 During the next twelve (12) months following reinstatement, the employee consents to be tested for the presence of alcohol, drugs and/or controlled
substances at any time, with or without cause. Any subsequent violation of this Agreement will be grounds for immediate discharge.
14.6 Self-Recognized Substance Abuse. Employees with a substance abuse problem may notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. 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
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14.4 above. Any employee who complies with the above requirements, prior to a violation of this policy, shall be immediately granted leave without pay in accordance with Section
14.5(J)(2) above. 14.7 Employer Conducted Searches. The City reserves the right to conduct searches of City
employees, property, vehicles or equipment at any time or place. Failure to cooperate with these procedures will be grounds for discharge. ARTICLE 15. UNIFORMS AND EQUIPMENT
15.1 Uniforms and Equipment. Employees shall be provided the initial issue of uniforms and equipment as provided for in Article 15.2 of this agreement. For employees who have completed their probation period, the first payroll period in January of each calendar year, they shall be provided a uniform allowance of $700.00. The uniform allowance shall be utilized to purchase and/or repair the approved uniforms and equipment. The Chief of Police or their designee shall provide an approved list of uniforms and/or equipment that may be utilized for duty purposes. A. Upon hire, each member of the bargaining unit will be provided a new ballistic vest
which shall be either a NIJ level II or IIIA (employees choice), fitted to the member, which shall be replaced in accordance with the manufacturers and/or National Institute of Justice (NIJ) standards. Ballistic vest purchase and replacement shall
not be considered part of the uniform allowance. B. Employees who are assigned to Detective positions shall be provided an additional
$300 uniform allowance upon assignment in their first year for the additional clothing expenses necessary for the position and dress standards. After the first year, the Uniform allowance provided in Article 15.1 may be utilized to repair and replace any necessary clothing and/or equipment. C. If the Chief of Police or their designee determines that a change in uniform is necessary, resulting in the discontinuance of an existing uniform or uniform item, the new uniform shall be provided for each employee without requiring the utilization of the uniform allowance to purchase the new uniform item(s). 15.2 Upon hiring, the City shall furnish uniforms and all necessary equipment to officers assigned to uniformed duty. The list of initial issuances shall include; at a minimum Clothing:
(1) Multi- purpose coat (1) Hat and rain cover (a baseball cap may be substituted) (3) Long-sleeved uniform shirts
(3) Short-sleeved uniform shirts (3) Pairs of uniform pants Badges, brass and insignia as needed
Equipment:
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Duty belt Inner belt
Duty Holster level II retention or higher OC holster Magazine pouch
Handcuff case(s) Baton ring or pouch Radio carrier Duty weapon with minimum three (3) magazines Baton (2) Sets of handcuffs OC spray Portable radio and shoulder microphone. NEW Ballistic vest of quality manufacture meeting or exceeding NIJ Standard-0101.06 for Ballistic-Resistance of Body Armor threat level II through IIIA (officer’s choice). A. The City will have City Emblems sewn to shirts and will have necessary alterations made to shirts and pants as time of issue.
B. All items provided to new employee will be new and of quality manufacture with exception of duty pistol, which if used, shall be certified as fit for duty by qualified armorer.
C. Employee’s may choose to substitute personally own equipment in lieu of City provided items with approval of Chief of Police.
1. Employees may substitute a jumpsuit for one (1) long sleeved, one (1) short sleeved shirt and pair of pants. D. Summer Uniform. Officers may choose to wear a summer uniform consisting of a French blue, navy blue or black polo shirt marked by City Emblems and “POLICE” in large lettering on back of shirt and lightweight uniform pants or shorts. This uniform may be worn from May 1st through September 31st. 15.3 The Union and the Employer mutually agree that the use of Portable Audio/Video
Recorders (Body worn camera’s (BWC)) and Mobile Audio Video (MAV) will enhance the
public trust and provide enhanced evidentiary value for court testimony. The Employer
may install and will require employees to utilize both BWC and MAV equipment as
determined necessary by the employer, subject to the following terms and conditions:
A. Upon request, an officer has the right to review any known BWC or MAV audio
and video evidence recorded by the East Wenatchee Police Department prior to
completing a written report or giving a statement in order to ensure the most
accurate information possible.
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B. East Wenatchee Police Department Policies 422 Portable Audio/Video Recorders
and 423 Mobile Audio Video are incorporated and attached to this agreement.
C. The Union and the Employer mutually agree that the purpose of BWC and MAV
recording devices are primarily designed to increase officer safety, to provide
additional evidence for case presentation, and to enhance the public trust. The
Employer and the Union agree that it is important to create an atmosphere of trust
with the community and with the members of the bargaining unit. The Employer
agrees that the BWC/MAV devices will be utilized appropriately for supervision
purposes, which include investigating a citizen, or other documented complaint,
reviewing reported use of force incidents, as evidence in court related matters and
in limited training circumstances for new (probationary) officers. The Employer
agrees that the BWC/MAV devices will not be randomly or routinely
monitored/reviewed without reasonable cause and that discipline shall only be
issued in cases that are determined to be consistent with this provision of the
agreement.
1. Except as provide above, any routine monitoring/reviewing by a supervisor
based on reasonable cause of on-going policy violations and or law violations,
must be approved by the Chief of Police prior to the monitoring. The
requesting supervisor must provide a written request to the Chief of Police
specifically stating what the reasonable cause is and receive the approval of
the Chief prior to engaging in the routine monitoring. The written approval
shall set a specific time limit, based on the reasonable cause and purpose, for
routine monitoring that shall not be longer than 30 calendar days.
D. It is understood by both parties that accidental or inadvertent
activation/deactivation of the camera systems can occur, as can malfunctions of
the equipment. The Employer and the Union agree that each incident will be
evaluated on a case-by-case basis and that any discipline issued for improper or
failure to active the system will be handled in a manner that takes into account
unintentional error. Repeated failure to activate and/or inadvertent deactivation
shall be handled by using the progressive discipline process.
15.4 Take home Vehicle or Assigned Police Vehicle Program (APV). The Employer agrees to
establish a take home vehicle program for members of the bargaining unit, with a full
implementation occurring by January 1st, 2024.
A. The initial implementation of the program shall be based on seniority of the
bargaining unit members. As the number of vehicles becomes available, the next
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senior officer shall be assigned a police vehicle with the ability to drive it to/from
work.
B. After the initial implementation of the program, vehicle assignments and vehicle
replacements will be made at the discretion of the Chief of Police.
C. East Wenatchee Police Department Policies 702 Vehicle Maintenance, 703 Vehicle
Use and 706 Assigned Police Vehicle Program are incorporated and attached to
this agreement.
ARTICLE 16. GRIEVANCES
16.1 Purpose. The purpose of this grievance and arbitration procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle any such
differences at the lowest level in the grievance procedure and there shall be no suspension of work or interference with the operations of the City. 16.2 Definition. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. If a matter involves disciplinary action or discharge, the aggrieved employee either may, in accordance with paragraph 16.4 below, file a grievance or demand an investigatory hearing before the City's Civil Service Commission. A grievance shall be filed within the time limits set out below otherwise said grievance is forever waived.
16.3 Grievance Procedure Steps. Grievances shall be processed in accordance with the following procedures within the stated time limits:
A. Formal Grievance Procedure. The formal grievance procedure shall be as follows:
1. Step 1. An employee, within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of an alleged grievance or when the employee should reasonably have known of the existence of the grievance, shall present the alleged grievance to the Chief of Police in writing, setting forth the nature of the grievance, the facts and/or documents on which it is based, the provision or provisions of the Agreement allegedly violated and the relief requested. Any grievance not filed within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. The Chief of Police shall respond to the alleged grievance in writing within fifteen (15) calendar days after receipt of the grievance. 2. Step 2. If the Union is not satisfied with the solution recommended by the employee's Chief of Police in Step 1, the Employee or the Union shall
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submit, in writing, within fifteen (15) calendar days of receipt of the proposed resolution in Step 1, the grievance to the Mayor. The Mayor shall respond
in writing to the Union within fifteen (15) calendar days from the date of receipt of the grievance. Any grievance not presented within the time limits set forth in this Step shall not be considered further unless both the City and
Union agree, in writing, to extend the time period. 3. If, after fifteen (15) calendar days from receipt of the Mayor’s reply, the Union states, in writing, that the grievance remains unresolved; the Union may submit a written request for arbitration. B. Selection of Arbitrator for Non-Disciplinary Grievances. The City and the Union will endeavor to select a mutually acceptable arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within thirty (30) working days after receipt by the City or Union of the written demand for arbitration, the Union or City may request a list of nine (9) arbitrators from the Public Employment Relations Commission (PERC). After receipt of the same the parties shall, within thirty (30) days, alternately strike the names of the arbitrators until only one (1) name remains who shall, upon hearing the dispute, render a decision which shall,
subject to the provisions of paragraph 16.3.5 below, be final and binding upon all parties. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or a court reporter. The arbitrator's decision may
not provide for retroactivity prior to the filing of the grievance. C. Selection of Arbitrator for Disciplinary Grievances. If a grievance-arbitration
request involves a disciplinary act against an employee, the Union shall submit a request for an arbitrator to the Public Employees Relations Commission (PERC), who shall determine and assign an arbitrator to the case as required by law. D. Arbitrator Expenses. Each party shall pay the expenses of their own representatives, witnesses and other costs associated with the presentation of their case. The expenses of the arbitrator, the cost of any hearing room and the cost of a court reporter, unless such are paid by the State of Washington, shall be borne equally by the parties. E. Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend,
modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of an express provision of this
Agreement. The arbitrator shall only be empowered to determine the issue raised by the grievance and submitted in writing at Step 1 or Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The
arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the employees covered by this Agreement. In the
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event the arbitrator finds that he/she has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation
on the merits of the case. 16.4 Time Limits. The time limits contained herein are established to settle grievances quickly.
If any party fails to file a grievance, formally or informally, or demand an investigatory hearing before the Civil Service Commission within fifteen (15) calendar days for grievances or ten (10) calendar days for an investigatory hearing by the Civil Service Commission, from the date of the occurrence or when the party reasonably should have known of the occurrence, then said party forever waives the grievance or right to demand an investigatory hearing as well as all rights and remedies with regard to said grievance or investigatory hearing. The time limits may be extended only by written agreement of the Parties. Failure to submit a grievance or request for investigatory hearing to the Civil Service Commission within the time limits imposed shall terminate the employee's right to file a grievance or demand an investigatory hearing, and said grievance shall be considered withdrawn. 16.5 Election of Remedies. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies and a waiver of any and
all rights by the appealing employee, the Union, and all persons they represent, to litigate, or otherwise contest the appeal or the subject matter of the appeal in any court, before the Civil Service Commission or any other available forum. Likewise, litigation or any other
contest of the subject matter of the grievance in any court or other available forum, or a demand for an investigatory hearing before the Civil Service Commission shall constitute an election of remedies and waiver of any and all rights by the employee, the Union and all
persons they represent to grieve, arbitrate or otherwise contest said subject matter in any other forum. ARTICLE 17. MISCELLANEOUS
17.1 Retired Officers. The City will make available to honorably retired officers, the opportunity to use the East Wenatchee Police firing range for the purposes of qualifying for the national right to carry firearms permit. ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS
18.1 Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him or her of the matter. Nothing herein shall
operate as a waiver of the Union’s right to request bargaining information. 18.2 There shall be a Union representative present as an ex officio observer on accident
review boards and use of force review boards. The City will provide the Union with copies of the findings of all review boards.
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18.3 Administrative Investigations must be completed within 120 days of the matter coming to the attention of the Chief of Police. In the event the Chief of Police believes an extension
beyond 120 days is necessary, and the City establishes an appropriate burden that it has acted with due diligence and the investigation could not reasonably be completed due to factors beyond the control of the City (for example, extended illness or other
unavailability of a critical witness, such as the complainant or the officer being investigated, or necessary delays in the processing of forensic evidence by other agencies), the City must contact the Union prior to the expiration of the 120 days seeking to extend the time period by thirty (30) days at any one time. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of time. A request for extension based upon the above criteria will not be unreasonably denied. Multiple extensions, up to a total maximum of 240 days may be granted upon the showing of good cause. 18.4 The 120-day period shall be suspended when a complaint involving alleged criminal conduct is being reviewed by a prosecuting authority or is being prosecuted at the local, state or federal level, or if the alleged conduct occurred in another jurisdiction and is being criminally investigated or prosecuted in that jurisdiction. In cases of an officer
involved in a fatal incident, the 120-day period will commence when the completed criminal file is provided to the Prosecuting Attorney, and will only be tolled in the event criminal charges are filed.
A. In the event an outside agency conducts a criminal investigation of a matter within the jurisdiction of the City, and the East Wenatchee Police Department
receives the completed criminal file with less than sixty (60) days remaining for the administrative investigation, the City will have up to an additional sixty (60) days to complete its administrative investigation. However, in no event shall the investigation last more than 240 days. B. Compliance with this provision is required if findings are to be entered or discipline is to be imposed. Issuance of a Loudermill notice of intent to discipline will constitute conclusion of the administrative investigation for purposes of this section. C. Nothing in this article prohibits the City from disciplining (provided just cause
exists) an officer convicted of a crime. ARTICLE 19. WAIVER OF BARGAINING
19.1 Entire Agreement. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and
constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, unless otherwise expressly provided herein.
19.2 Opportunity to Negotiate. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands
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and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties
after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any
subject or matter referred or covered in this Agreement. ARTICLE 20. SAVINGS CLAUSE
20.1 It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with unless any of such provision shall be declared invalid or inoperative by a Court of final jurisdiction. Should any provision of this Agreement or the application of such provision be rendered invalid by a Court of final jurisdiction or by reason of any existing or subsequently enacted in legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. 20.2 Conflict With Legal or Affirmative Action Requirements. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements
imposed on the City by federal, state statutory or common law, administrative rule or regulation, or executive order, then such legal obligations or affirmative action requirements thus imposed shall be controlling.
ARTICLE 21. AMENDMENT OF AGREEMENT
21.1 This Agreement may be amended only by the mutual written agreement of the Parties. Such amendment shall be lettered, dated and signed by the Parties and, together with the attached Appendices "A” and "B", shall constitute a part of this Agreement.
ARTICLE 22. RETIREMENT
22.1 LEOFF Retirement. The Employer shall contribute to the Washington State
Department of Retirement Systems (DRS) Law Enforcement Officers and Fire Fighters
(LEOFF) retirement plan for all eligible employees as the rate specified by law.
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APPENDIX "A" SALARY, LONGEVITY AND INCENTIVES 1A.1 Base Salary Schedule
Effective Effective Effective Effective
1/1/2022 1/1/2023 1/1/2024 1/1/2025
Increase 3.5% Increase 3.5% Increase 3.5% Police Officers and Sergeants
2022 2023 2024 2025
Sergeant Pay $8,447.55 $8,743.21 $9,049.23 $9,365.95
Police Officer 1st Class Pay 43+ Months $7,475.71 $7,737.36 $8,008.17 $8,288.45
Police Officer 2nd Class Pay 31-42 Months $6,858.45 $7,098.49 $7,346.94 $7,604.08
Police Officer 3rd Class Pay 19-30 Months $5,934.51 $6,142.22 $6,357.19 $6,579.70
Police Officer 4th Class Pay 7-18 Months $5,494.91 $5,687.24 $5,886.29 $6,092.31
Police Officer Trainee 0-6 Months $5,087.88 $5,265.96 $5,450.27 $5,641.03
1A.2 Pay Step Advancement: Pay step advancement shall be based on time of service with the City of East Wenatchee.
The City shall place a new employee on the pay scale upon hire. In the case of lateral hire employees, the City may place the employee on the pay scale with a credit for previous law enforcement experience at the sole discretion of the City.
New hires placed at the Trainee step shall serve six (6) months of continuous service and then advance to Police Officer 4th Class. After twelve (12) continuous months of service,
Employees will advance to the next pay step until Police Officer 1st Class is reached. The City and the Union agree that no officer will suffer a reduction in wages based on the passage of this agreement, based on the additional pay step being created. Any officer who would potentially suffer a loss in pay, shall be advance to the next step on the pay scale and progress from that point forward after one year of service.
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1A.3 Longevity Pay:
Officers shall be paid Longevity Pay based on the following schedule. Longevity pay shall not be cumulative.
After completion of Percent of base monthly salary
5 Years (60 Months) 1%
10 Years (120 months) 2%
15 Years (180 months) 3%
20 Years (240 Months) 4%
25 Years (300 Months) 5%
30 Years (360 Months) 6%
1A.4 Incentive Pay(s): Incentive pay eligibility is set forth in Article 9 of this agreement. All amounts are computed on the base pay of the officer. 1. Detective / Investigative Assignments 4% Maximum - Includes K-9, Detectives and Task Force Assignments
2. Bilingual Incentive 4% 3. School Resource Officer 2%
4. Field Training Officer 4% for each hour assigned a student officer for training. 5. Qualified Instructor Pay A. Firearms Instructor 2% B. Defensive Tactics Instructor (4% Maximum) 1. Defensive Tactics Instructor Level 1 or 2 2% 2. Defensive Tactics Master Instructor 3% C. Patrol Tactics Instructor 2%
D. Other Instructor Designated by Chief of Police 2% Maximum Incentive Pay for section 1A.4: The maximum incentive pays for any one officer,
regardless of the qualifications or assignments shall be eight (8%).
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1A.5 Shift Differential Pay: 1%
Officers who work a shift with a designated starting time between 1400 hours (2PM) and 0500 hours (5AM) for seven (7) or more workdays in a calendar month shall receive shift
differential pay for that calendar month. 1A.6 Educational Incentive Pay: Associate of Arts/Science Degree 1.5% Bachelor of Arts/Science Degree 3% Tuition reimbursement is available in lieu of the education incentive pay outlined in Article 9.18 of this agreement. Employees are required to select either the education incentive pay option or the tuition reimbursement option. In no case will both be provided to the employee.
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APPENDIX “B” PHYSICAL FITNESS STANDARDS 1B.1 Fitness Incentive
Effective May 1, 2022, a fitness incentive of $50.00 per month will be available to those individuals who successfully pass the East Wenatchee Physical Ability Test (PAT). Testing will be every six (6) months (in April and October) with pay to begin or end May 1 and November 1. Waiver: An officer suffering a work-related injury/impairment shall continue to receive fitness incentive pay during the medically restricted period; said pay will continue upon returning to work, until the next testing period (in April or October). To be eligible, an officer must have been receiving fitness incentive pay at the time of the injury/impairment. 1B.2 Fitness Testing Requirements
MINIMUM TESTING REQUIREMENTS: To be eligible to receive fitness incentive pay, participants must pass each of the four following tests: 300-meter run, push-ups, sit-ups and 1 mile walk/run. Each participating employee who passes this Physical Ability Test
(PAT) shall be entitled to receive fitness incentive pay, paid monthly, in the amount specified in the Agreement. 1B.3 Physical Agility Standards / Test (PAT) The EWPD PAT is comprised of four test components. All four components must be completed with a passing score to pass the EWPD PAT. -300-meter run followed by 15 minutes rest -Push-ups followed by 5 minutes rest -Sit-ups followed by 10 minutes rest -1 Mile Walk/Run followed by cool down, walking and stretching Test participants should perform an independent or conducted warm up of 5-10 minutes
consisting of a general warmup followed by stretching to include stretches for shoulders, back, and upper and lower legs. The test components should be administered in the following sequence:
The 300-meter run shall use a standard track or a marked level course (300 meters = 328 yards = 984 feet). Participants will be instructed to line up at the starting line. Time
will begin when the signal to start running is given. The maximum passing time on the 300-meter run is 71.49 seconds. The Push-up test shall be administered according to the protocols of the WSCJTC (except for the number of repetitions). The test is timed with a maximum limit of 90
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seconds. To pass the EWPD PAT the participant must complete 25 successful repetitions within this time.
The Sit-up test shall be administered according to the protocols of the WSCJTC. The test is timed with a maximum limit of 90 seconds. To pass the EWPD PAT the participant
must complete 25 successful repetitions within this time. The 1 Mile Walk/Run test. The 1 mile walk/run shall use a standard track or a marked level course. The test is timed with a maximum limit of nine (9) minutes and forty-five seconds to pass. 1B.4 Fitness Incentive Pay Each participating employee who successfully passes the PAT shall be entitled to receive fitness incentive pay of $50.00 per month.