HomeMy WebLinkAbout2021-2023 AFSCME_Local846_Agreement 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, 2021 through December 31, 2023
City of East Wenatchee Page 2 Local 846-W 2021 – 2023 CBA
Table of Contents ARTICLE 1- PREAMBLE ................................................................................................................................ 4 ARTICLE 2 – RECOGNITION ........................................................................................................................ 4 ARTICLE 3 – PURPOSE .................................................................................................................................. 4 ARTICLE 4 - UNION SECURITY AND DUES CHECK OFF ...................................................................... 4 ARTICLE 5 - MANAGEMENT RIGHTS ....................................................................................................... 5 ARTICLE 6 - STRIKES AND LOCKOUTS .................................................................................................... 6 ARTICLE 7 - SUB-CONTRACTING OF PUBLIC WORK .......................................................................... 6 ARTICLE 8 - NON-DISCRIMINATION ........................................................................................................ 6 ARTICLE 9 – WAGES ...................................................................................................................................... 7 ARTICLE 10 - GRIEVANCE PROCEDURE………………………………………………………………………......9
ARTICLE 11 - HOURS OF WORK .............................................................................................................. 11 ARTICLE 12 - OVERTIME PAY ................................................................................................................. 12 ARTICLE 13 - SPECIAL COMPENSATION PROVISIONS .................................................................... 13 ARTICLE 14 - HOLIDAYS ........................................................................................................................... 14 ARTICLE 15 – VACATIONS ........................................................................................................................ 16 ARTICLE 16 - SICK LEAVE ......................................................................................................................... 17 ARTICLE 17- SENIORITY AND LAYOFF PROCEDURES .................................................................... 19 ARTICLE 18 - JOB POSTING ...................................................................................................................... 21
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ARTICLE 19 -ADJUSTMENT FOR WORKER'S COMPENSATION ................................................... 21 ARTICLE 20 - OTHER LEAVES ................................................................................................................. 22 ARTICLE 21 - GENERAL PROVISIONS ................................................................................................... 23 ARTICLE 22 - HEALTH AND WELFARE ................................................................................................ 26 ARTICLE 23- LIGHT DUTY ........................................................................................................................ 27 ARTICLE 24- DRUG TESTING ................................................................................................................... 28 ARTICLE 25 - OUTSIDE EMPLOYMENT ................................................................................................ 32 ARTICLE 26 - CONTACTS WITH NEWS MEDIA .................................................................................. 33 ARTICLE 27 - SUPPLEMENTAL AGREEMENT .................................................................................... 33 ARTICLE 28 - SAVINGS CLAUSE .............................................................................................................. 33 ARTICLE 29 – ENTIRE AGREEMENT ..................................................................................................... 33 ARTICLE 30 - DURATION OF AGREEMENT ......................................................................................... 33 Schedule of Definitions .............................................................................................................................. 34 APPENDIX "A" ............................................................................................................................................... 37
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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 WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES/AFSCME Council 2 and its affiliated local (hereafter 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. ARTICLE 4 - UNION SECURITY AND DUES CHECK OFF 4.1: As per RCW 41.56.040 the Employer shall remain neutral when communicating with employees about Union membership and direct the employee to discuss union membership with a union staff representative. 4.2: As per RCW 41.56.110 for current Union members and those who choose to join the Union, the Employer after receiving written, electronic or recorded voice authorization for dues deduction shall as soon as practicable forward the request to the exclusive bargaining representative. The employer shall then deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the
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treasurer of the exclusive bargaining representative. The employee’s authorization for dues deduction shall remain in effect until the employee submits a written request the exclusive bargaining representative to revoke authorization for payroll deductions in accordance with the terms and conditions of the due’s authorization. After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation. 4.3: As per RCW 41.56.037 The Employer must provide the exclusive bargaining representative reasonable access to new employees of the bargaining unit for the purpose of presenting information about their exclusive bargaining representative to the new employee. The city agrees to notify the Union staff representative and Local Union President in writing of any new positions and new employees. At least 2 full working days prior to the orientation of the new employee, Employer shall provide an electronic format list with the names of the employees, corresponding job title, and Department. A Union official shall, at no loss of pay, be granted up to thirty minutes to provide each new employee a basic overview of the employees’ rights and responsibilities regarding Union membership, dues authorizations, and Union insurance. 4.4: The Employer agrees to maintain the Union provided bargaining unit member list that includes: Employee name, home address, personal phone, birth date, hire date in current bargaining unit, job classification, department, hours worked and monthly base wage. List shall be transmitted electronically to the Union following new hires, transfers, promotions and/or terminations. 4.5 After each party has signed this Agreement, the City will post it on its website. ARTICLE 5 - MANAGEMENT RIGHTS The City will not bargain over rights of management. The rights of management include, but are not limited to: a. all powers, duties, and rights established by constitutional provision or by statute; b. the right to determine the City’s functions and programs of the employer, the use of technology, and the structure of the city; c. the right to determine the City’s budget and the size of its workforce, including determining the financial basis for layoffs; d. the right to direct and supervise employees, hire, promote, demote, transfer, assign and retain employees; suspend or terminate employees;
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e. relieve employees of duties because of lack of work or lack of funds; establish performance standards and evaluate employees; f. the right to take whatever actions are deemed necessary to carry out the mission of the City during emergencies; g. the right to determine and implement the methods, means, assignment, classifications and personnel by which its operations are to be conducted; and h. 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. 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.
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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 employee’s next four regular paychecks. 9.2: Pay Scale: The City must compensate each regular, full-time, or part-time employee according to the pay scale and wage assigned to the respective classifications in Appendix "A" attached to and considered a part of this Agreement. 9.2.1 Pay Scale Description: Each position in the bargaining unit is represented on the step plan. Pay shall increase by 3% with each subsequent step from step 1 through step 6. Pay shall increase by 2% from step 6 to step 7. 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: Step Plan Progression: Regular Employees shall be awarded one sequential step per 12-month interval on January 1 of each year. Employees shall not be entitled to more than one step per 12-month period. 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 of at least five (5%) percent 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.
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9.4.1 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 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. The provisions of this article do not apply to job changes involving demotions or in cases of job changes resulting from layoff situations. 9.5: 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. 9.6: Job Classification Changes and New Positions: 9.6.1: 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. 9.6.2: 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. 9.6.3: If the Union requests that the City negotiate the wage rate, the City may hire an employee pending the outcome of negotiations. 9.6.4: 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. 9.7: Wages: 9.7.1: 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. 9.7.2: Effective January 1, 2022, 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) July to July statistics for the Pacific Region (Series ID # CWUR0490SA0) for the preceding twelve months. Minimum increase shall be 1%; maximum increase 3%.
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9.7.3: Effective January 1, 2023, 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) July to July statistics for the Pacific Region (Series ID # CWUR0490SA0) for the preceding twelve months. Minimum increase shall be 1%; maximum increase 3%. 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
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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. 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. Employees involved as witnesses shall be allowed to attend at no loss of pay. The City agrees to allow the Local Union president to attend the entire proceeding at no loss of pay. 10.3.5: 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.
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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. 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. The workweek begins each Monday at 12:01 A.M. and ends each Sunday at 11:59 P.M. 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.
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11.8: Call Back: This section addresses Call Back compensation to an employee who comes to work during off-duty hours to perform unforeseen or emergency duties. This provision allows the employee freedom to attend to his/her personal interests while still having the ability to respond. Compensation begins the moment an employee arrives at City Hall. For Public Works personnel such compensation continues until the City service vehicle is returned to the shop and the employee cleans up to return home. 11.8.1: An employee called back to work other than during his/her scheduled work shift must be paid a minimum of two hours pay at the time and one-half (1 1/2) provisions contained in Section 12.1 below. Time worked beyond the 2-hour minimum must be paid at the overtime rate. 11.8.2: A Called-Back employee will be responsible for driving his/her own vehicle to the city shop to pick up a service vehicle before responding to an emergency. No mileage will be paid to employees for use of a personal vehicle to travel between home and work. ARTICLE 12 - OVERTIME PAY 12.1: Employees covered by this Agreement are entitled to overtime pay for time worked in excess of 40 hour per workweek. For time worked in excess of 40 hours per workweek, the City must compensate the employee at one-and-one-half times the employee's regular rate of pay. Overtime is earned in 15minute 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/she may choose to receive overtime pay at the rate of one-and-one-half or he/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 balance as of November 30 each year. Employees shall receive this payment on the December 5th payroll of each year. Compensatory time earned in December shall be carried over to the next calendar 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.
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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 affected.) 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. ARTICLE 13 - SPECIAL COMPENSATION PROVISIONS 13.1: Wage When Working Out of Classification: If the City assigns an employee to work in a position, even if that position is position not covered by this Agreement, 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, two (2%) percent 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 (DSHS) by a bilingual fluency test for DSHS employees and new recruits (or an equivalent test with the Mayor’s approval).
ARTICLE 14 – HOLIDAYS
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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: 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. Holiday pay for eligible regular part-time employees shall be prorated based on the regular Full-Time Equivalent. 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. 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
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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 Vacation Hours Earned 0-4 years 8 hours / month 5 - 9 years 10.00 hours / month 10 -14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 - 24 years 16.33hours / month 25 + years 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 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: If an employee leaves City employment for any reason the City will pay the unused, accrued vacation balance in a lump sum to the Employee. If an employee dies during his or her employment with the City, the City will pay the unused,
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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-quarter (1/4) 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 receiving the request. The City is required to give an approval or denial in a timely manner. 15.8: Holiday During Vacation Leave: If an employee is on vacation when a holiday occurs, such holiday is not charged against vacation leave. ARTICLE 16 - SICK LEAVE 16.1 A regular full-time employee accumulates sick leave at the rate of eight hours for one full month of service. 16.2 An employee may carry over to the following year a maximum of 960 sick leave hours from December 31st of one year to January of the next year. For sick leave hours in excess of 960 on December 31st that are not used or carried over, the City will pay the value of the accrued hours, at the employee’s current rate of pay at
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the time of this payout, into a Health Reimbursement Arrangement (HRA) VEBA Savings Account in the name of the employee. 16.3 An employee may use sick leave as allowed by Washington Law (RCW 49.46.210) and allowed by applicable federal law. These allowances include: i. An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; ii. To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and iii. When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason. iv. When approved by an employee’s supervisor, up to 16 hours of sick leave may be used for bereavement purposes (See Section 20.6).
a. An employee may use paid sick leave for absences that qualify for leave under the Domestic Violence Leave Act (chapter 49.76 RCW).
b. The City requires employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee's lawful use of paid sick leave. i. Employees must notify his or her supervisor prior to the commencement of his or her shift, or as soon as possible thereafter to avoid interruption of City services. ii. For absences exceeding three days, the City may require verification that an employee's use of paid sick leave is for an authorized purpose. If the City requires verification, verification must be provided to the City within a reasonable time period during or after the leave. iii. The City’s requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
c. When there is a separation from employment and the employee is rehired within twelve months of separation by the City, whether at the same or a different position, previously accrued unused paid sick leave shall be reinstated and the previous period of employment shall
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be counted for purposes of determining the employee's eligibility to use paid sick leave under subsection 16.3 (b). 16.4 An employee may use sick leave in increments as small as one-quarter (1/4) hour. Holidays and other days off must not be charged against sick leave. 16.5 As long as an employee 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 1st and January 15th. Monies received under this section will not be included for the purpose of computing a retirement allowance under any public retirement system in this state. 16.6 If an employee who has worked for the City for at 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 a Health Reimbursement Arrangement (HRA) VEBA Savings Account in the name of the employee. 16.7 If an employee dies during his or her employment with the City and if an employee has worked for the City for at least five years of continuous service, the City will pay 25% of the value of the accrued sick leave hours to the employee’s designated beneficiary or the employee’s estate. All sick leave payments are based on the employee’s current rate of pay at the time of this separation or death. Monies received from 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.
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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;
• 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 terminated at any time, without cause and without the right of appeal under the terms of this Agreement;
• will be evaluated by the Department Director;
• will not be granted an extension of probationary period unless the Union and the City agree to an extension. 17.5 If the City needs to layoff an employee in a particular position, it must 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. Court employees shall be subject to layoff first by position and assigned responsibilities and then by seniority. 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
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City advised of any change in his or her e-mail or address. Court position shall be subject to this provision only for laid off court employees. 17.5.4: Employees on layoff who have been offered reemployment and who fail to acknowledge availability for work within 14 work days after receipt of notice must be removed from the reinstatement list. 17.6: If an employee with the greatest amount of seniority does not elect to accept an available position with a higher rating, then the next employee in rank of seniority and qualifications is eligible. If the seniority list is exhausted, then the City may offer the available position to an employee with less than six months of service, or the City may hire a new employee. 17.7: If a question as to the capabilities of an employee bidding for a position of a higher qualification, the City must make the decision based on past performance and ability. Any disagreement will be handled through the grievance procedure in Article 10. ARTICLE 18 - JOB POSTING 18.1: When a vacancy occurs in a job classification covered by this Agreement, and if the City has authorized it to be refilled, the posting must be posted by the City and filled as follows: 18.1.1: The City must post a vacancy for five working days in all City departments or branches of government. 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. ARTICLE 19 -ADJUSTMENT FOR WORKER'S COMPENSATION 19.1: For a period of absence from work due to injury or occupational disease resulting from employment, the employee must file an application for Workmen's Compensation in accordance with State Law. To ensure prompt enrollment for benefits, employees must report work related illness or injury 1) to their immediate supervisor, and 2) to the health care provider and request the official Workman's Compensation form at the time of treatment. The City's preference is for employees to seek 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
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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 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
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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 of an employee's family member requiring the attendance of the employee (funerals are included), the City will grant an employee three days of bereavement leave. If the death of a family member requires the employee to travel out-of-state, the City will grant the employee two, additional days of bereavement leave. An employee may also use sick leave as proposed in Article 16.3(iv). ARTICLE 21 - GENERAL PROVISIONS 21.1: Union Business: Accredited representatives of the Union may have reasonable access to the premises of the City at any time during working hours to conduct Union business. The City will pay an employee his or her regular wage for time spent engaged in Union business if the following conditions are met:
• The employee notifies the Mayor, in writing, at least three days before the scheduled absence; and
• The Mayor pre-approves the scheduled absence; and
• The time spent engaged in union business is on a weekday; and
• The time spent engaged in union business is between the hours of 8:00 a.m. and 5:00 p.m. The City or a union representative may bring other matters of mutual concern 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).
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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: Employees working in the following positions: Mechanic, Maintenance Worker, Building Inspector, and Natural Resource Specialist are entitled to a boot allowance of $200.00 per year 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 ten (10) hours of straight time pay or leave 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 five (5) additional hours of straight time pay or leave 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
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shall be paid one point one four (1.43) hours of straight time pay at his/her scale for each day carried; for holiday weeks employees shall be paid two point one four (2.14) 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 C 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. 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
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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/Orthodontia/Vision/Long Term Disability (LTD)/Life insurance. For the term of this agreement, the City will pay up to the sum of $1,000 per month towards the monthly premium for an eligible employee for Medical/Dental/ Orthodontia/Vision 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. 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 per month towards the monthly 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.
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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 per month 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. 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.
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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 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.
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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. 24.4: Current Employee Substance Abuse Testing: 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 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 predetermined 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 shall submit to a drug or alcohol test. 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 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 a NIDA approved laboratory. The breath sample will be analyzed by certified medical facility.
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24.5.4: Collection of the specimens will be under the direction of qualified medical 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. 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
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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; (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: (i) 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 qualified drug/alcohol 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
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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 (iii) The employee agrees to submit to a substance abuse test. C) During the next 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. 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.
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ARTICLE 26 - CONTACTS WITH NEWS MEDIA The Mayor, of his or her specific and express designee, is responsible for all official contacts with the news media during working hours, including answering of questions from the media or providing information to the media. Other employees of the City must refrain from such official contacts. ARTICLE 27 - SUPPLEMENTAL AGREEMENT The parties may amend or modify this Agreement by mutual, written agreement. Supplemental agreements thus completed become a part of the larger Agreement and subject to all its provisions. ARTICLE 28 - SAVINGS CLAUSE If any provisions of this Agreement are at any time be made invalid by applicable legislation, or be declared invalid by any Court of competent jurisdiction, the parties intend that all other provisions remain valid and in full force and effect. ARTICLE 29 – ENTIRE AGREEMENT All matters within the scope of bargaining have been negotiated and agreed upon. Except as provided in Article 24, this Agreement is the entire agreement of the parties, terminating all prior agreements, arrangements and practices, and concluding all negotiations during the term of this Agreement ARTICLE 30 - DURATION OF AGREEMENT This Agreement is effective from January 1, 2021 through December 31, 2023.
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"COURT EMPLOYEE” means an employee who works in the East Wenatchee Municipal Court branch of government. "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” means 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" means 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. " FAMILY MEMBER" includes a child (biological, adopted, or foster child, or child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status); a parent (a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child); a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling. Or “FAMILY MEMBER” means family member as defined by RCW 49.46.210(2) (as enacted or as amended). "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.
City of East Wenatchee Page 36 Local 846-W 2021 – 2023 CBA
"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 has successfully completed the probationary period and 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. "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 37 Local 846-W 2021 – 2023 CBA
CITY OF EAST WENATCHEE APPENDIX "A" Wages Effective 1/1/2021 Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Asst Court Administrator 3,823.23 3,937.93 4,056.07 4,177.75 4,303.08 4,432.18 4,520.82 Probation Counselor 4,135.75 4,259.82 4,387.61 4,519.24 4,654.82 4,794.46 4,890.35 Clerical Asst Court 3,075.51 3,167.77 3,262.81 3,360.69 3,461.51 3,565.36 3,636.67 Clerk/Bailiff 3,701.43 3,812.47 3,926.85 4,044.65 4,165.99 4,290.97 4,376.79 Deputy Clerk 3,463.94 3,567.86 3,674.89 3,785.14 3,898.69 4,015.66 4,095.97 Clerical Asst-Part Time-50% Plus/Hour 18.29 18.83 19.40 19.98 20.58 21.20 21.62 Legal Clerk 3,411.68 3,514.03 3,619.46 3,728.04 3,839.88 3,955.08 4,034.18 Accounting Technician 4,165.75 4,290.73 4,419.45 4,552.03 4,688.59 4,829.25 4,925.83 Deputy Clerk 4,085.72 4,208.29 4,334.54 4,464.58 4,598.51 4,736.47 4,831.20 Building Permit Technician 4,140.31 4,264.52 4,392.45 4,524.23 4,659.96 4,799.75 4,895.75 Building Inspector 5,125.38 5,279.15 5,437.52 5,600.65 5,768.67 5,941.73 6,060.56 Associate Planner 5,291.98 5,450.74 5,614.26 5,782.69 5,956.17 6,134.86 6,257.55 Planner - Entry 4,256.29 4,383.98 4,515.50 4,650.96 4,790.49 4,934.21 5,032.89 Ops & Maint. Supervisor 5,293.48 5,452.29 5,615.86 5,784.33 5,957.86 6,136.60 6,259.33 Mechanic 4387.74 4519.37 4654.95 4794.60 4938.44 5086.59 5188.33 Maintenance Worker 4,186.65 4,312.25 4,441.62 4,574.87 4,712.11 4,853.48 4,950.55 Maintenance Worker - Entry 2,877.77 2,964.10 3,053.03 3,144.62 3,238.95 3,336.12 3,402.85 Events Assistant (20-Hrs/Week) 3,755.05 3,867.71 3,983.74 4,103.25 4,226.35 4,353.14 4,440.20 Natural Resource Specialist 5,383.01 5,544.50 5,710.83 5,882.16 6,058.62 6,240.38 6,365.19