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HomeMy WebLinkAbout2004-008 Classification / Compensation Plan Amendment ORDINANCE NO. 2004- 08 AN ORDINANCE relating to City personnel, adopting a classification and compensation plan for City employees to be effective March 21, 2004, amending Subsections 2.20 100 A, 2.20 100 B, 2.20 110 A, 2 20 110 B, 2.20 110 D, and 2 20 110 G, all of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 2.20 100 A of the City of Yakima Municipal Code is hereby amended to read as follows "2.20 100 Classification Plan. A Plan Adopted. A classification plan for city employees is hereby adopted to be effective March 21, 2004, which plan shall consist of the vanous following subsections of this section." Section 2. Subsection 2.20 100 B of the City of Yakima Municipal Code is hereby amended to read as follows "2.20 100 Classification Plan. B Classes Exempt From Civil Service Class No. Class Title 1000 Exempt Classification Group 1100 Executive Series 1110 City Manager (Pay Code 960) 1120 City Attorney (Pay Code 964) 1130 Assistant City Manager (Pay Code 962) 1140 Director of Finance and Budget (Pay Code 964) 1150 Director of Community and Economic Development (Pay Code 964) 1160 Director of Public Works (Pay Code 964) 1180 Fire Chief (Pay Code 964) 1190 Police Chief (Pay Code 963) 1200 Management Series 1231 Human Resources Manager (Pay Code 970) 1232 Purchasing Manager (Pay Code 973) 1233 Information Systems Manager (Pay Code 968) 1234 City Clerk (Pay Code 973) 1241 Financial Services Manager (Pay Code 968) 1242 Utility Services Manager (Pay Code 972) 1252 Code Administration and Planning Manager (Pay Code 968) 1253 Neighborhood Development Services Manager (Pay Code 971) 1254 Plannning Manager (Pay Code 971) 1255 - - - - . . - Community Relations Manager (Pay Code 97-3 970) 1261 Street and Traffic Operations Manager (Pay Code 970) PERSIX Work Ordinance 2/17/2004.doc -- 1 -- Class No. Class Title 1262 Transit Manager (Pay Code 971) 1263 Fleet Manager (Pay Code 972) 1266 Refuse and Recycling Manager (Pay Code 972) 1267 Park and Recreation Manager (Pay Code 970) 1271 City Engineer (Pay Code 966) 1272 Wastewater Manager (Pay Code 968) 1273 Water and Irrigation Manager (Pay Code 970) 1274 Public Safety Communications Manager (Pay Code 971) 1300 Executive Support Senes 1311 Executive Secretary (Pay Code 979) 1321 Senior Assistant City Attorney II (Pay Code 965) 1322 Senior Assistant City Attorney I (Pay Code 968) 1323 Assistant City Attorney II (Pay Code 971) 1324 Assistant City Attorney I (Pay Code 973) 1331 Administrative Assistant to the City Manager (Pay Code 979) 1400 Municipal Court Senes 1411 Municipal Court Judge (Pay Code 964) 1421 Court Services Manager (Pay Code 973) 1422 Municipal Court Clerk (Pay Code 987) 1423 Certified Court Interpreter (Pay Code 980) 1430 Deputy Court Services Manager (Pay Code 980) 1431 Probation Services Manager (Pay Code 975) 1432 Probation Officer (Pay Code 978) 1433 Probation Services Clerk (Pay Code 987) 1434 Case Specialist (Pay Code 980)" Section 3. Subsection 2.20 110 A of the City of Yakima Municipal Code is hereby amended to read as follows "2.20 110 Compensation Plan. A. Pay ranges and pay steps, set out in the schedule constituting Subsection B through G of this section, for the classes allocated to these pay ranges shall be in full force and effect as of March 21, 2004 The pay rates shall constitute full compensation for those employees with a work week of forty hours as set out in other sections of this code Employees whose work week is less than forty hours shall be paid at the rate which is in the same proportion to the rates set out herein that their work week bears to forty hours The hourly rate for those employees of the Fire Department whose work week exceeds forty hours shall be computed according to the provisions of Section 2.22 030 of this code The performance of employees in the senes designated Subsection B shall be evaluated annually in accordance with a management performance evaluation plan. The result of the performance evaluations shall be the determination by the City Manager of the actual salary of each employee in the designated positions, and the determination by the City Council of the actual salary of the City Manager, which actual salanes shall be no less than the minimum nor no greater than the maximum set out in the pay range applicable to the position, according to the following schedule " PERSIX Work Ordinance 2/17/2004.doc -- 2 -- Section 4. Subsection 2.20 110 B of the City of Yakima Municipal Code is hereby amended to read as follows. "B General and Public Safety Management, Union Exempt Supervisors and Confidential Classes Pay Class Code Code Class Title A B C D E 960 1110 City Manager MO 1/1/03 7862 25 8257 44 8669 97 9105 02 9559 15 HR 1/1/03 45 36 47 64 50 02 52 53 55 15 MO 7/1/03 7909 05 8307 71 8721 97 9160 49 9616 35 HR 7/1/03 45 63 47 93 50 32 52 85 55 48 MO 1/1/04 8162 11 8572 90 9001 03 9453 42 9924 88 HR 1/1/04 47 09 49 46 51 93 54 54 57 26 961 No Allocated Classification MO 1/1/03 7489 59 7862 25 8257 44 8669 97 9105 02 HR 1/1/03 43 21 45 36 47 64 50 02 52 53 MO 7/1/03 7534 66 7909 05 8307 71 8721 97 9160 49 HR 7/1/03 43 47 45 63 47 93 50 32 52 85 MO 1/1/04 7775 58 8162 11 8572 90 9001 03 9453 42 HR 1/1/04 44 86 47 09 49 46 51 93 54 54 962 1130 Assistant City Manager MO 1/1/03 7129 06 7489 59 7862 25 8257 44 8669 97 HR 1/1/03 41 13 43 21 45 36 47 64 50 02 MO 7/1/03 7172 40 7534 66 7909 05 8307 71 8721 97 HR 7/1/03 41 38 43 47 45 63 47 93 50 32 MO 1/1/04 7401 19 7775 58 8162 11 8572 90 9001 03 HR 1/1/04 42 70 44 86 47 09 49 46 51 93 963 1190 Police Chief MO 1/1/03 6794 54 7129 06 7489 59 7862.25 8257 44 HR 1/1/03 39 20 41 13 43 21 45 36 47 64 MO 7/1/03 6836 14 7172 40 7534 66 7909 05 8307 71 HR 7/1/03 39 44 41 38 43 47 45 63 47 93 MO 1/1/04 7054 53 7401 19 7775 58 8162 11 8572 90 HR 1/1/04 40 70 42 70 44 86 47 09 49 46 964 1120 City Attorney MO 1/1/03 6472.14 6794 54 7129 06 7489 59 7862 25 1150 Director of Community and HR 1/1/03 37 34 39 20 41 13 43 21 45 36 Economic Development MO 7/1/03 6510.27 6836 14 7172 40 7534 66 7909 05 1140 Director of Finance and HR 7/1/03 37 56 39 44 41 38 43 47 45 63 Budget MO 1/1/04 6718 27 7054 53 7401 19 7775 58 8162 11 1160 Director of Public Works HR 1/1/04 38 76 40 70 42 70 44 86 47 09 1180 Fire Chief 1411 Municipal Court Judge 965 1321 Senior Assistant City MO 1/1/03 6163 61 6472 14 6794 54 7129 06 7489 59 Attorney II HR 1/1/03 35 56 37 34 39 20 41 13 43 21 MO 7/1/03 6200 01 6510 27 6836 14 7172 40 7534 66 HR 7/1/03 35 77 37 56 39 44 41 38 43 47 MO 1/1/04 6397 61 6718 27 7054 53 7401 19 7775 58 HR 1/1/04 36 91 38 76 40 70 42 70 44 86 PERSIX Work Ordinance 2/17/2004.doc -- 3 -- Pay Class Code Code Class Title A B C D E 966 1271 City Engineer MO 1/1/03 5870 69 6163 61 6472 14 6794 54 7129 06 6380 Deputy Fire Chief HR 1/1/03 33 87 35 56 37 34 39 20 41 13 6127 Police Captain MO 7/1/03 5905 35 6200 01 6510.27 6836 14 7172 40 HR 7/1/03 34 07 35 77 37 56 39 44 41 38 MO 1/1/04 6094 28 6397 61 6718 27 7054 53 7401 19 HR 1/1/04 35 16 36 91 38 76 40 70 42 70 967 No Allocated Classification MO 1/1/03 5588 16 5870 69 6163 61 6472 14 6794 54 HR 1/1/03 32 24 33 87 35 56 37 34 39 20 MO 7/1/03 5621 09 5905 35 6200 01 6510 27 6836 14 HR 7/1/03 32 43 34 07 35 77 37 56 39 44 MO 1/1/04 5801 36 6094 28 6397 61 6718 27 7054 53 HR 1/1/04 33 47 35 16 36 91 38 76 40 70 968 6328 Battalion Chief (Day) MO 1/1/03 5322 96 5588 16 5870 69 6163 61 6472 14 1241 Financial Services HR 1/1/03 30 71 32 24 33 87 35 56 37 34 Manager MO 7/1/03 5354 16 5621 09 5905 35 6200 01 6510.27 1233 Information Systems HR 7/1/03 30 89 32 43 34 07 35 77 37 56 Manager MO 1/1/04 5525 76 5801 36 6094.28 6397 61 6718 27 6126 Police Lieutenant HR 1/1/04 31 88 33 47 35 16 36 91 38 76 1322 Senior Assistant City Attorney I 1272 Wastewater Manager 1252 Code Administration and Planning Manager 969 6327 Battalion Chief (Shift) MO 1/1/03 5321 57 5586 54 5867 09 6161 00 6468.27 HR 1/1/03 23 90 25 09 26 35 27 67 29 05 MO 7/1/03 5352 75 5619 94 5902 72 6198 85 6506 13 HR 7/1/03 24 04 25 24 26 51 27 84 29 22 MO 1/1/04 5524 19 5800 29 6091 98 6397 02 6715 43 HR 1/1/04 24 81 26 05 27 36 28 73 30 16 970 1255 Community Relations MO 1/1/03 5071 64 5322 96 5588 16 5870 69 6163 61 Manager HR 1/1/03 29 26 30 71 32 24 33 87 35 56 1267 Park and Recreation Manager MO 7/1/03 5102 84 5354 16 5621 09 5905 35 6200 01 1273 Water and Irrigation Manager HR 7/1/03 29 44 30 89 32 43 34 07 35 77 1231 Human Resources Manager MO 1/1/04 5265 77 5525 76 5801 36 6094 28 6397 61 1261 Street and Traffic Operations HR 1/1/04 30 38 31 88 33 47 35 16 36 91 Manager 971 1323 Assistant City Attorney II MO 1/1/03 4827.24 5071 64 5322 96 5588 16 5870 69 15101 Assistant Wastewater HR 1/1/03 27 85 29 26 30 71 32 24 33 87 Manager MO 7/1/03 4856 71 5102 84 5354 16 5621 09 5905 35 1253 Neighborhood Development HR 7/1/03 28 02 29 44 30 89 32 43 34 07 Services Manager MO 1/1/04 5012 70 5265 77 5525 76 5801 36 6094.28 1254 Planning Manager HR 1/1/04 28 92 30 38 31 88 33 47 35 16 1274 Public Safety Communications Manager 11102 Utility Engineer 1262 Transit Manager PERSIX Work Ordinance 2/17/2004 doc -- 4 -- Pay Class Code Code Class Title A B C D E 972 10101 Deputy Human Resources MO 1/1/03 4596 71 4827 24 5071 64 5322 96 5588 16 Manager HR 1/1/03 26 52 27 85 29 26 30 71 32 24 10303 Financial Services MO 7/1/03 4624 44 4856 71 5102 84 5354 16 5621 09 Officer HR 7/1/03 26 68 28 02 29 44 30 89 32 43 10304 Treasury Services Officer MO 1/1/04 4771 77 5012 70 5265 77 5525 76 5801 36 1263 Fleet Manager HR 1/1/04 27 53 28 92 30 38 31 88 33 47 13101 Parks Operations Supervisor 1266 Refuse and Recycling Manager 11104 Senior Engineer 11202 Senior Project Planner (Transit) 11901 Supervising Senior Analyst 1242 Utility Services Manager 11105 Water/Irngation Engineer 973 1324 Assistant City Attorney I MO 1/1/03 4376 58 4596 71 4827 24 5071 64 5322 96 1255 Telecommunications HR 1/1/03 25 25 26 52 27 85 29 26 30 71 Manager MO 7/1/03 4402 58 4624 44 4856 71 5102 84 5354 16 1234 City Clerk HR 7/1/03 25 40 26 68 28 02 29 44 30 89 11101 Construction Supervisor MO 1/1/04 4542 98 4771 77 5012 70 5265 77 5525 76 1421 Court Services Manager HR 1/1/04 26 21 27 53 28 92 30 38 31 88 11410 Neighborhood Development Services Operations Supervisor 1232 Purchasing Manager 13302 Street Maintenance Supervisor 11201 Supervising Associate Planner 11251 Supervising Code Inspector 11103 Supervising Traffic Engineer 11106 Surface Water Engineer 15102 Wastewater Treatment Plant Process Control Supervisor 974 12201 Industrial Maintenance MO 1/1/03 4170.32 4376 58 4596 71 4827.24 5071 64 Supervisor HR 1/1/03 24 06 25 25 26 52 27 85 29 26 13102 Parks Superintendent MO 7/1/03 4194 59 4402 58 4624 44 4856 71 5102 84 10201 Senior Analyst HR 7/1/03 24 20 25 40 26 68 28 02 29 44 11301 Traffic Operations MO 1/1/04 4328 05 4542 98 4771 77 5012 70 5265 77 Supervisor HR 1/1/04 24 97 26 21 27 53 28 92 30 38 15201 Water Treatment Plant Supervisor 975 10302 Accountant MO 1/1/03 3970 99 4170 32 4376 58 4596 71 4827.24 11502 Aquatics Program Supervisor HR 1/1/03 22 91 24 06 25 25 26 52 27 85 10102 Chief Examiner MO 7/1/03 3995 26 4194 59 4402 58 4624 44 4856 71 15104 Environmental Analyst HR 7/1/03 23 05 24 20 25 40 26 68 28 02 12103 Equipment Supervisor MO 1/1/04 4123 52 4328 05 4542 98 4771 77 5012 70 15301 Lab Coordinator HR 1/1/04 23 79 24 97 26 21 27 53 28 92 10301 Payroll Officer 1431 Probation Services Manager 17101 Public Safety Communications Supervisor 13201 Sewer Maintenance Supervisor 13301 Street Supervisor 13701 Traffic Sign Supervisor 14201 Transit Operations Supervisor 13501 Water Distnbution Supervisor PERSIX Work Ordinance 2/17/2004.doc -- 5 -- Pay Class Code Code Class Title A B C D E 976 13401 Im gation Supervisor MO 1/1/03 3776 86 3970 99 4170 32 4376 58 4596 71 11503 Recreation Supervisor HR 1/1/03 21 79 22 91 24 06 25 25 26 52 15103 Wastewater Treatment Plant MO 7/1/03 3799 39 3995 26 4194 59 4402 58 4624 44 Chief Operator HR 7/1/03 21 92 23 05 24 20 25 40 26 68 MO 1/1/04 3920 72 4123 52 4328 05 4542 98 4771 77 HR 1/1/04 22 62 23 79 24 97 26 21 27 53 977 12101 Equipment Maintenance MO 1/1/03 3603 53 3776 86 3970 99 4170 32 4376 58 Supervisor HR 1/1/03 20 79 21 79 22 91 24 06 25 25 MO 7/1/03 3624 33 3799 39 3995.26 4194 59 4402 58 HR 7/1/03 20 91 21 92 23 05 24 20 25 40 MO 1/1/04 3740 46 3920 72 4123 52 4328 05 4542 98 HR 1/1/04 21 58 22 62 23 79 24 97 26 21 978 13601 Building Superintendent MO 1/1/03 3428 47 3603 53 3776 86 3970 99 4170.32 13103 Cemetery Supervisor HR 1/1/03 19 78 20 79 21 79 22 91 24 06 11602 Code Inspection Office MO 7/1/03 3449 27 3624 33 3799 39 3995 26 4194 59 Supervisor HR 7/1/03 19 90 20 91 21 92 23 05 24 20 11720 Corrections Sergeant MO 1/1/04 3560.20 3740 46 3920 72 4123 52 4328 05 11710 Police Services Supervisor HR 1/1/04 20 54 21 58 22 62 23 79 24 97 1432 Probation Officer 11401 Senior Program Supervisor 14301 Utility Service Supervisor 979 1331 Administrative Assistant to MO 1/1/03 3267.27 3428 47 3603 53 3776 86 3970 99 the City Manager HR 1/1/03 18 85 19 78 20 79 21 79 22 91 1311 Executive Secretary MO 7/1/03 3286 34 3449 27 3624 33 3799 39 3995.26 12102 Mechanic II HR 7/1/03 18 96 19 90 20 91 21 92 23 05 11604 Parks and Recreation MO 1/1/04 3392 07 3560 20 3740 46 3920 72 4123 52 Administrative Associate HR 1/1/04 19 57 20 54 21 58 22 62 23 79 14101 Solid Waste Supervisor 980 16101 Administrative Assistant MO 1/1/03 3113 01 3267 27 3428 47 3603 53 3776 86 to the Fire Chief HR 1/1/03 17 96 18 85 19 78 20 79 21 79 11701 Administrative Assistant to MO 7/1/03 3132 07 3286 34 3449 27 3624 33 3799 39 the Police Chief HR 7/1/03 18 07 18 96 19 90 20 91 21 92 1434 Case Specialist MO 1/1/04 3232 60 3392 07 3560.20 3740 46 3920 72 1423 Certified Court Interpreter HR 1/1/04 18 65 19 57 20 54 21 58 22 62 11601 Community and Economic Development Office Administrator 1430 Deputy Court Services Manager 10601 Engineenng Contracts Specialist 10506 Executive Assistant 10510 Legal Assistant III 11501 Recreation Program Supervisor PERSIX Work Ordinance 2/17/2004.doc -- 6 -- Pay Class Code Code Class Title A B C D E 981 10305 Financial Services MO 1/1/03 2963 94 3113 01 3267 27 3428 47 3603 53 Technician -- Payroll HR 1/1/03 17 10 17 96 18 85 19 78 20 79 10103 Human Resources Specialist MO 7/1/03 2981.28 3132 07 3286 34 3449.27 3624 33 10502 Deputy City Clerk HR 7/1/03 17 20 18 07 18 96 19 90 20 91 MO 1/1/04 3076 61 3232 60 3392 07 3560 20 3740 46 HR 1/1/04 17 75 18 65 19 57 20 54 21 58 982 10602 Engineenng Office MO 1/1/03 2823 55 2963 94 3113 01 3267 27 3428 47 Assistant HR 1/1/03 16 29 17 10 17 96 18 85 19 78 10520 Utility and Finance MO 7/1/03 2840 88 2981 28 3132 07 3286 34 3449.27 Assistant HR 7/1/03 16 39 17 20 18 07 18 96 19 90 MO 1/1/04 2931 01 3076 61 3232 60 3392 07 3560 20 HR 1/1/04 16 91 17 75 18 65 19 57 20 54 983 10507 Administrative Secretary MO 1/1/03 2686 62 2823 55 2963 94 3113 01 3267.27 11603 Public Works Office HR 1/1/03 15 50 16 29 17 10 17 96 18 85 Assistant MO 7/1/03 2702.21 2840 88 2981 28 3132 07 3286 34 10511 Legal Assistant II HR 7/1/03 15 59 16 39 17 20 18 07 18 96 MO 1/1/04 2788 88 2931 01 3076 61 3232 60 3392 07 HR 1/1/04 16 09 16 91 17 75 18 65 19 57 984 10512 Legal Assistant I MO 1/1/03 2560 08 2686 62 2823 55 2963 94 3113 01 10104 Human Resources Assistant HR 1/1/03 14 77 15 50 16 29 17 10 17 96 MO 7/1/03 2575 68 2702 21 2840 88 2981 28 3132 07 HR 7/1/03 14 86 15 59 16 39 17 20 18 07 MO 1/1/04 2658 88 2788 88 2931 01 3076 61 3232 60 HR 1/1/04 15 34 16 09 16 91 17 75 18 65 985 No Allocated Classification MO 1/1/03 2438 75 2560 08 2686 62 2823 55 2963 94 HR 1/1/03 14 07 14 77 15 50 16 29 17 10 MO 7/1/03 2452 62 2575 68 2702 21 2840 88 2981.28 HR 7/1/03 14 15 14 86 15 59 16 39 17 20 MO 1/1/04 2530 62 2658 88 2788 88 2931 01 3076 61 HR 1/1/04 14 60 15 34 16 09 16 91 17 75 986 No Allocated Classification MO 1/1/03 2320 89 2438 75 2560 08 2686 62 2823 55 HR 1/1/03 13 39 14 07 14 77 15 50 16 29 MO 7/1/03 2334 76 2452 62 2575 68 2702 21 2840 88 HR 7/1/03 13 47 14 15 14 86 15 59 16 39 MO 1/1/04 2409 29 2530 62 2658 88 2788 88 2931 01 HR 1/1/04 13 90 14 60 15 34 16 09 16 91 987 1422 Municipal Court Clerk MO 1/1/03 2215 16 2320 89 2438 75 2560 08 2686 62 1433 Probation Services Clerk HR 1/1/03 12 78 13 39 14 07 14 77 15 50 18101 Communications Division MO 7/1/03 2229 02 2334 76 2452 62 2575 68 2702 21 Office Assistant HR 7/1/03 12 86 13 47 14 15 14 86 15 59 MO 1/1/04 2300 09 2409 29 2530 62 2658 88 2788 88 HR 1/1/04 13 27 13 90 14 60 15 34 16 09" PERSIX Work Ordinance 2/17/2004.doc -- 7 -- Section 5 . Subsection 2.20 110 D of the City of Yakima Municipal Code is hereby amended to read as follows. "D Transit Civil Service Classes Pay Class Allocated Range Code Classes A B C D E 650 23101 Transit Service Worker MO 1/1/03 2182 22 2277 56 2386 75 2490 75 2617 28 HR 1/1/03 12 59 13 14 13 77 14 37 15 10 MO 1/1/04 2225 56 2322 62 2435 29 2541 02 2669.28 HR 1/1/04 12 84 13 40 14 05 14 66 15 40 655 22101 Transit Operator MO 1/1/03 2386 75 2490 75 2617 28 2724 75 2853 01 HR 1/1/03 13 77 14 37 15 10 15 72 16 46 MO 1/1/04 2435 29 2541 02 2669 28 2778 48 2910 21 HR 1/1/04 14 05 14 66 15 40 16 03 16 79 660 22102 Transit Dispatcher MO 1/1/03 2490 75 2617.28 2724 75 2853 01 2986 48 HR 1/1/03 14 37 15 10 15 72 16 46 17 23 MO 1/1/04 2541 02 2669 28 2778 48 2910 21 3045 41 HR 1/1/04 14 66 15 40 16 03 16 79 17 57 665 21101 Transit Route Supervisor MO 1/1/03 2781 95 2917 14 3047 14 3187 54 3334 87 HR 1/1/03 16 05 16 83 17 58 18 39 19 24 MO 1/1/04 2837 41 2976 08 3107 81 3251 67 3400 73 HR 1/1/04 16 37 17 17 17 93 18 76 19 62 670 No Allocated MO 1/1/03 3125 14 3267 27 3409 40 3577 53 3743 93 Classification HR 1/1/03 18 03 18 85 19 67 20 64 21 60" MO 1/1/04 3187 54 3333 14 3477 00 3648 60 3818 46 HR 1/1/04 18 39 19 23 20 06 21 05 22 03 675 20102 Transit Project Planner MO 1/1/03 3544 60 3712 73 3887 79 4071 52 4260 45 20101 Marketing and HR 1/1/03 20 45 21 42 22 43 23 49 24 58 Program Administrator MO 1/1/04 3615 66 3787 26 3965 79 4152 99 4345 38 HR 1/1/04 20 86 21 85 22 88 23 96 25 07" Section 6. Subsection 2 20 110 G of the City of Yakima Municipal Code is hereby amended to read as follows "G Seasonal or Temporary Work Classes Steps Pay Range Code Class Title 1 2 3 913 9113 Outside City Worker III 1/1/04 HR 7 16 7 53 8 29 914 9114 Outside City Worker IV 1/1/04 HR 7 53 8 29 9 12 913 9124 (Inside) City Worker III 1/1/04 HR 7 16 7 53 8 29 914 9125 (Inside) City Worker IV 1/1/04 HR 7 53 8 29 9 12 915 9126 Temporary Refuse Helper 1/1/04 HR 10 01 10 94 11 95" PERSIX Work Ordinance 2/17/2004.doc -- 8 -- Section 7. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 17th day of February , 2004 6 t c „,, 1 c 1 , ATTEST Paul P George, Ma 'or City Clerk Publication Date 2 - 20 - 2004 Effective Date 3 - 21 - 2004 PERSIX Work Ordinance 2/17/2004.doc -- 9 -- MEMORANDUM JM To. Honorable Mayor George and Council Members From. Dick Zais, City Manager Subject: Community Relations Manager Position Date: February 16, 2004 In December 2003, the City Council approved a "community relations policy issue" (see Attachment A) as part of the City's 2004 budget. Numerous community groups, business owners, local organizations and individuals have recently stressed the need for the City to improve its community relations efforts and provide better opportunities for community involvement in the development and implementation of public policy In response to that input, the City Council has placed an emphasis on enhancing both internal and external communication The community relations policy issue was designed with that key City Council pnority in mind. The approved policy issue includes the upgrade of the City's Telecommunications Manager classification to a Community Relations Manager classification This classification upgrade is necessary due to the expanded duties and responsibilities now being required of the incumbent Telecommunications Manager Once all appropriate personnel procedures have been completed, the incumbent Telecommunications Manager will fully assume all duties and responsibilities outlined in the Community Relations Manager class specification (see attachment B) The City's Community Relations Manager classification includes 3 pnmary areas of responsibility; 1) cable and telecommunications franchise management, 2) cable access television services (YCTV and Y -PAC) management; and, 3) community relations management. Each of these 3 primary areas of responsibility demands specialized technical knowledge, extensive practical experience, and constant and consistent ongoing education The attached class specification more accurately represents the requirements and expectations of the City's Community Relations Manager classification than does any existing City management classification Duties and Responsibilities Summary The attached Community Relations Manager class specification was developed by blending the best elements of more than 15 job descriptions /class specifications provided on request to the City by local, regional and national public and private sector employers As described in the attached class specification, the City's Community Relations Manager will coordinate public information and communications /community relations projects and programs of the City The Community Relations Manager will also provide advice, direction and assistance to City staff and elected officials in the development and dissemination of information • regarding City policies, services, initiatives, etc Additionally, the Community Relations Manager will develop curriculum and conduct training courses for City staff and elected officials regarding communications /community relations pnnciples and practices The City's Community Relations Manager will also regularly review and evaluate pertinent information and make recommendations to the City Council and City administration regarding issues pertaining to emerging communications /community relations policies, 1 laws and regulations In addition to those new responsibilities, administrative oversight of cable /telecommunications franchises and cable access television services (YCTV & Y -PAC) and day -to -day management of the City's Telecommunication division, now within the purview of the City's Telecommunications Manager classification, will migrate to the Community Relations Manager classification External Comparisons. A salary survey (see Attachment C) was conducted involving more than 20 public sector and private sector employers Employers were asked to provide compensation information for positions that have the same or similar responsibilities as those outlined in the City Community Relations Manager class specification In order to ensure that comprehensive information was gathered, the salary survey included local, regional and national employers. 7 employers responded to the salary survey 6 of the positions included in the salary survey share 1 or 2 primary areas of responsibility with the City Community Relations Manager classification. Based on information received by the City from a variety of employers, City staff concluded that it is uncommon for a single classification to include all 3 primary areas -of responsibility as described in the City of Yakima Community Relations Manager class specification The duties and responsibilities of the Richland Public Information Manager class specification best match those contained in the City of Yakima Community Relations Manager class specification Of all of the class specifications/job descriptions reviewed in the course of the salary survey, only the Richland Public Information Manager classification includes responsibility for franchise management, cable access management AND community relations management. Detailed findings of the salary survey are presented in Attachment C Internal Comparisons. A review of the "General and Public Safety Management, Union Exempt Supervisors, and Confidential Classes" section of the City's pay ordinance found no classification directly comparable to the Community Relations Manager classification However, the review did result in the identification of 4 City division manager classifications in the existing City pay ordinance that share the same or similar levels of responsibility, educational requirements and practical expenence requirements as those contained in the City's Community Relations Manager classification. Those 4 City division manager classifications are, 1) Parks and Recreation Manager; 2) Water and Irrigation Manager; 3) Human Resources Manager; and, 4) Street and Traffic Operations Manager The pay range for those 4 City division manager classifications is Pay Code 970 Recommendation. Taking into consideration the duties and responsibilities as outlined in the City Community Relations Manager class specification (see attachment B), and based on the external and internal compensation comparisons, the recommended pay range for the Community Relations Manager classification is Pay Code 970 The 2004 Telecommunications Division budget, as approved by the City Council, includes personnel costs related to the City Community Relations Manager classification as recommended. 2 Attachment A 2004 MAJOR POLICY ISSUES / SUPPLEMENTAL BUDGET REQUESTS DEPARTMENT Community and Economic DIVISION Telecommunications Development POLICY ISSUE TITLE. Develop and Implement Community Relations Program -- Budgeted 1. Proposal -- Responding to input from community members, the media, elected officials, business owners and others, the Telecommunications Division proposes to develop and implement a Community Relations Program for the City The Community Relations Program's primary goal will be to allow the entire community, elected officials, City staff and the people served by the City, to actively participate in public policy development and implementation. Improving communication and providing better opportunities for public involvement are key priorities of the City Council. Through the Community Relations Program, the City will strive to effectively communicate with various constituencies and create better avenues for the exchange of ideas and information. The Community Relations Program will be founded on "Guiding Principles" and "Areas of Focus" (see attached draft) This proposal includes some restructuring of the Telecommunications Division, the creation of better opportunities for public involvement, improved communication training for City staff, and placing an emphasis on proactive media relations As proposed, the Community Relations Program will use existing revenue (cable television franchise fees) to enhance the City's ability to effectively communicate and receive information about its various services and initiatives The purchase of some communication equipment, use of outside professional services and the potential for hiring City Community Relations staff also are part of this proposal. The Community Relations Program will be designed and developed through the combined efforts of a new City Council "Community Relations Committee," staff of the Telecommunications Division, staff of the Community and Economic Development Department and City Management Initial implementation of the program will occur throughout 2004. Policy Issues 2004 Telecom /Comm.Relahons.doc 1 3/10/04 -- 10:10 AM 2. a. Fiscal Impact -- Up to $95,000 annually b Proposed Funding Source — Existing cable television franchise fees c. Public Impact -- As mentioned above, improving communication and providing better opportunities for public involvement are key priorities of the City Council Utilizing well - established communication principles and concepts, the Community Relations Program will facilitate improved interaction between City staff, City Council members, media representatives and, most importantly, members of the community A central goal of the program will be to create a "communication bridge" between the City Council and City staff, and the people they serve d. Personnel Impact -- Restructuring of the Telecommunications Division will include establishment of a "Community Relations Administrator" position, filling the position of "Cable Television Coordinator" which is already part of the City's pay code, and the establishment and eventual filling of a "Community Relations Specialist" position. e Required Changes in City Regulations or Policies -- Appropriate amending of the City pay code as necessary based on restructuring of the Telecommunications Division as described above in "d " f Legal Constraints, if applicable -- None g. Viable Alternatives -- None 3 Conclusion and /or Staff Recommendation -- Telecommunications Division staff, the Community and Economic Development Director and City Management recommend approval of this policy issue Policy Issues 2004 -- Telecom/Comm.Relations.doc 2 3/10/04 10:10 AM Attachment B CITY OF YAKIMA Class Specification Community Relations Manager Pay Code 970 NATURE OF WORK This is responsible supervisory and administrative work managing the short-range and long -range telecommunications and cable TV franchise policies, cable access television operations, and community relations programs and policies of the City A specific focus of this position is management of the City's community relations, internal communications, media relations and public information efforts in order to create clear understanding of and community participation in public policy development and implementation The employee occupying the position directs and supervises the work of the Telecommunication Division personnel and coordinates programs and projects concerning telecommunications, cable access television and community relations efforts of the City Duties include performing the administrative functions within the division developing, negotiating, administering, and monitoring telecommunications (i e cable, telephony, wireline, wireless, etc) franchises and contracts in compliance with city policies and regulations and federal and state laws and regulations, promoting and coordinating community access and government access television programming; responding to citizen complaints and inquiries regarding telecommunications matters, and coordinating and directing the City's community relations program. Supervision is exercised over a staff of professional telecommunications and community relations personnel. Work is performed with considerable independence under general direction of the Director of Community and Economic Development. REPRESENTATIVE EXAMPLES OF WORK Directs and coordinates the activities of the Telecommunications Division, develops annual work program objectives, assigns cable access television, telecommunications and community relations projects to and evaluates performance of division personnel, and serves as project manager for telecommunications and community relations studies, projects and programs Serves as administrator of the division with responsibility for preparation of the division budget, authonzation of purchase orders and disbursement requests, employee evaluations, and maintenance of public records Develops curriculum for and conducts communication- related and community relations- related training courses for City staff and elected officials Regularly reviews federal, state and local telecommunications policies, laws and regulations, monitors and enforces city franchise agreements with cable and telecommunications providers, drafts and negotiates franchise amendments for presentation to Council, drafts policies and procedures related to telecommunications administration and the production of community and municipal cable access television programming Class Spec/1255/3.95 Regularly reviews and evaluates pertinent information and makes recommendations to the City Council and City administration regarding issues that pertain to emerging communications and community relations, policies, laws and regulations Serves as liaison with government agencies, citizen and professional organizations and the public to provide continuing community involvement and input into telecommunications, cable access television and community relations policies, projects and programs Writes speeches, news releases, articles, letters, e -mail and other similar copy for brochures, newsletters, web -sites and other publications, related duties may include interviewing, research, editing and layout. Plans, coordinates and implements informational activities for City staff, elected officials, students, community members, special groups and others. Makes arrangements for news conferences, meetings, appearances and speaking engagements for himself or herself, City staff, elected officials and others as directed. Reviews and/or edits drafts of vanous infoiination produced by other City departments and divisions for errors in fact or inconsistencies with style or voice Coordinates the public information and/or community relations projects and programs throughout all City divisions and departments Provides advice, direction and assistance to other City staff in the development and dissemination of information regarding City programs, services, projects and initiatives Prepares reports of progress on the development and implementation of telecommunications, cable access television and community relations policies, projects and programs and presents such reports to the City Council and citizen committees KNOWLEDGE AND ABILITIES Extensive knowledge of federal, state and local telecommunications and cable access television laws, regulations, polices and principles, and telecommunications franchising policies, practices and procedures Extensive knowledge of communication principles and practices including techniques and strategies for the mass dissemination of information, public speaking techniques, mass media (radio, television, newspaper, web site, etc) sources and practices, and theory, techniques and terminology common to the communications and community relations disciplines Knowledge of and experience in research methods, information analysis, situational analysis and determination of appropnate methods of communication. Knowledge of supervisory pnnciples and practices, and administrative and fiscal management techniques Knowledge of local government policies and practices Class Spec/1255/3.95 Ability to work independently with minimal direction Ability to program and direct the activities of professional staff Ability to establish and maintain effective working relationships with the public, community organizations, news media, elected officials, special interest organizations and other local jurisdictions and governmental agencies Ability to communicate effectively both orally and in writing. Ability to clearly present information to a vanety of audiences of various levels of sophistication, sometimes under pressure Ability to, when necessary, exercise discretion and maintain confidentiality Ability to effectively coordinate telecommunications, cable access television and community relations programs with other City programs and community development efforts GENERAL RECRUITING INDICATORS A Bachelor's Degree in telecommunications, television /radio, journalism, public relations, community relations, communications, marketing, broadcast or cable television management, or related fields, and a minimum of five years of progressively responsible expenence including two years of supervisory or project management experience, or any satisfactory equivalent combination of experience and training. Supenor communication skills (verbal, wntten, public) and a collaborative and inclusive professional style are required. Pnor expenence in management of a telecommunications franchising authority agency, cable access television operations and/or community relations programs required. Class Spec/1255/3.95 Attachment C City of Yakima Community Relations Manager Pay Range Comparable Position Compensation Comparisons Rank Organization Title Monthly Salary (Top Step) (Based on 2003 Compensation) 1 Midpeninsula Regional Open Public Affairs Manager $5,811 - $7,457 Space District, California 2 Vancouver, Washington Information Services Manager $5,320 - $7,095 3 Olympia, Washington Communications Manager $6,054 - $7,083 * 4 Richland, Washington Public Information Manager $4,993 - $6,657 5 McKinney, Texas Director of Communications $5,666 - $6,250 6 Yakima County Communications Manager $4,858 — $5,953 7 Yakima School District Public Information Director $4,729 - $5,535 Average (2003) $5,316 - $6,258 City of Yakima Pay Code 970 (2003) $5,102 - $6,200 (2004) $5,266 - $6,398 Salary Survey Analysis: As stated previously in the introductory memorandum accompanying this salary survey, the recommended pay range for the City of Yakima Community Relations Manager classification is 970 The bottom step of the City's Pay Code 970 (for 2003) ranks 5 when compared to the bottom steps (for 2003) of the 7 classifications included in the salary survey The top step of the City's Pay Code 970 (for 2003) ranks 6 when compared to the top steps (for 2003) of the 7 classifications included in the salary survey The bottom step of the City's Pay Code 970 (for 2003) is approximately 5% less than the bottom step average (for 2003) of the 7 classifications included in the salary survey The top step of the City's Pay Code 970 (for 2003) is approximately 6% less than the top step average (for 2003) of the classifications included in the salary survey 1 Even when using 2004 data, the bottom step and the top step of the City's Pay Code 970 remain below the bottom step and top step averages (for 2003) of the classifications included in the salary survey Specifically compared to the * Richland Public Information Manager classification (the classification that best matches the City's Community Relations Manager classification), the bottom step of the City's Pay Code 970 (for 2003) is slightly higher than the bottom step (for 2003) of the Richland Public Information Manager classification However, the top step of the City's Pay Code 970 (for 2003) is approximately 7% less than the top step (for 2003) of the Richland Public Information Manager classification Conclusion. Taking into consideration the information gathered and the analysis performed, it is concluded that the recommended pay range (Pay Code 970) for the City of Yakima Community Relations Manager classification falls within the middle to lower tier of the classifications included in the salary survey Based on the results of the salary survey, the recommended pay range (Pay Code 970) for the City of Yakima Community Relations Manager classification represents a competitive yet conservative level of compensation 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of 2/17/04 ITEM TITLE. Consideration of a Resolution Authorizing the Execution of the 2004 -2005 Collective Bargaining Agreement Between the City of Yakima and American Federation of State, County & Municipal Employees (AFSCME) Local 1122 Uniformed Transit Employees and an Ordinance Amending the Classification and Compensation Plan for Certain City Employees SUBMITTED BY Dick Zais, City Manager, Glenn Rice, Assistant City Manager, Archie M. Sutton, Human Resources Manager CONTACT PERSON/TELEPHONE. Sheryl M. Smith, x6090, Archie M. Sutton, x6090 SUMMARY EXPLANATION• The attached resolution authonzes a two year collective bargaining agreement with AFSCME Local 1122 Transit Uniformed Employees for calendar years 2004 -2005 This contract represents the result of the negotiation and mediation processes between the parties. The settlement package is outlined below. 2004 -2005 AFSCME Transit Settlement •Term. 1/1/04--12/31/05 •Wages. 1/1/04 — 2.0% for all bargaining unit employees 1/1/05 —100% of the Seattle CPI -W with a minimum of 1 75% and a maximum of 2.5% for all bargaining unit employees • Continued • Resolution X Ordinance X Contract X Other (Specify) Report Funding Source Transit 0 erating Fund and Telecommunications Operating Fund APPROVED FOR SUBMITTAL > > City Manager STAFF RECOMMENDATION Adopt Resolution Authonzing the Execution of the Collective Bargaining Agreement and approve the Classification and Compensation ordinance BOARD /COMMISSION RECOMMENDATION• COUNCIL ACTION A) Resolution adopted. RESOLUTION NO. R- 2004 -39 B) Ordinance passed. ORDINANCE NO 2004 -08 •Longevity 1/1/04 - Schedule revised to include an additional 0.25% at 5 years, 0.5% at 10, 15 and 20 years, and 2.0% at 25 years •Life Ins. Increase life insurance coverage from $25,000 to $50,000 According to the City's calculations, the 2004 settlement cost for AFSCME Transit is estimated to be $39,160 or 2.47% The ordinance amending the Classification and Compensation Plan also includes the reallocation of the Telecommunications Manager classification from pay code 973 ($4,543 - $5,526/mo) to pay code 970 ($5,266 - $6,398/mo) due to expanded duties and responsibilities to include an increased emphasis on internal and external communications. Improved community relations is a key Council priority and changes in responsibilities and focus are intended to address those issues. This reallocation was approved as a 2004 policy issue by Council and has been included in the 2004 budget. Additionally, the classification is being retitled to Community Relations Manager to more accurately reflect the work performed. Attached is the classification report providing background information relative to the changes in duties and responsibilities. As a housekeeping measure, the pay ordinance also includes the correction of a typographical error on the effective date of the rates of pay for the temporary workers classes The effective date is corrected to 1/1/04 from 1/1/03 RESOLUTION NO. 2004- 39 A RESOLUTION authorizing and directing the City Manager of Yakima to execute the 2004 -2005 collective bargaining agreement with the Washington State Council of County and City Employees representing Local 1122 Uniformed Transit Employees of the American Federation of State, County and Municipal Employees, AFL -CIO WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Washington State Council of County and City Employees representing Local 1122 Uniformed Transit Employees of the American Federation of State, County and Municipal Employees, AFL -CIO, resulting in the attached the 2004- 2005 collective bargaining agreement, and WHEREAS, the City of Yakima and AFSCME Local 1122 negotiated and agreed that the wage adjustments for 2004 be retroactive to January 1, 2004 and the 2004 -2005 collective bargaining agreement and related ordinances be enacted, WHEREAS, the City Council deems it to be in the best interests of the City that the collective bargaining agreement be executed immediately by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the 2004 -2005 collective bargaining agreement with the Washington State Council of County and City Employees, Local 1122 Uniformed Transit Employees of the American Federation of State, County and Municipal Employees, AFL -CIO, a copy of which is attached hereto and by reference made part hereof ADOPTED BY THE CITY COUNCIL this 17th day of February, 2004. Paul P George, Mayor ATTEST CITY CLERK COLLECTIVE BARGAINING AGREEMENT Between City of Yakima, Washington and Council 2, Washington State Council of County and City Employees Representing Local 1122 Uniformed Transit Employees American Federation of State County and Municipal Employees, AFL -CIO Effective January 1, 2004 Through December 31, 2005 AFSCME Transit 2004/2005.doc January 30, 2004 TABLE OF CONTENTS ARTICLE Page TABLE OF CONTENTS 2 PREAMBLE 4 ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT 4 ARTICLE II - UNION MEMBERSHIP 5 ARTICLE III - COLLECTIVE BARGAINING 6 ARTICLE IV - PUBLIC DISCLOSURE 7 ARTICLE V - CODE PROVISIONS 8 ARTICLE VI - UNION CONSTITUTION AND BY LAWS 9 ARTICLE VII - BUSINESS LEAVES 9 ARTICLE VIII - EMPLOYEE RIGHTS.... 9 ARTICLE IX - MANAGEMENT RIGHTS 11 ARTICLE X - LABOR MANAGEMENT COMMITTEE 12 ARTICLE XI - CONTRACTING WORK 12 ARTICLE XII - STRIKES AND LOCKOUTS PROHIBITED 13 ARTICLE XIII - REDUCTION IN FORCE 13 ARTICLE XIV - GRIEVANCE PROCEDURE 13 ARTICLE XV - SOCIAL SECURITY , 17 ARTICLE XVI - EQUAL OPPORTUNITY CLAUSE 18 ARTICLE XVII - SALARIES 18 ARTICLE XVIII - LONGEVITY 18 ARTICLE XIX - SHIFT DIFFERENTIAL 19 ARTICLE XX - OVERTIME .......... 20 ARTICLE XXI - STANDBY PAY 21 AFSCME Transit 2004 /2005.doc January 30, 2004 Page 2 ARTICLE Page ARTICLE XXII - BI- LINGUAL PAY .... 21 ARTICLE XXIII - MEDICAL / DENTAL / VISION BENEFIT PACKAGE 21 ARTICLE XXIV - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 23 ARTICLE XXV - LIFE INSURANCE 23 ARTICLE XXVI - HOLIDAYS 24 ARTICLE XXVII - VACATION 25 ARTICLE XXVIII - SICK LEAVE 26 ARTICLE XXIX - MATERNITY LEAVE 30 ARTICLE XXX - BEREAVEMENT LEAVE 30 ARTICLE XXXI - SENIORITY 31 ARTICLE XXXII - CHANGE OF WORK STATUS 32 ARTICLE XXXIII - WORK WEEK PROVISIONS 32 ARTICLE XXXIV - PERMANENT PART -TIME EMPLOYEES 39 ARTICLE XXXV - TRADING WORK 39 ARTICLE XXXVI - "ROADEO" 39 ARTICLE XXXVII - ENTIRE AGREEMENT 40 ARTICLE XXXVIII - SAVINGS CLAUSE 40 ARTICLE XXXIX - TERMINATION 40 ARTICLE XXXX - EXECUTION 41 Appendix "A" - WAGE GRID FOR 2004 42 AFSCME Transit 2004/2005.doc January 30, 2004 Page 3 PREAMBLE This Agreement, made and entered into by and between the City of Yakima, Washington, hereinafter called the Employer and Council 2, Washington State Council of County and City Employees, representing Local 1122, Bargaining Unit; Uniformed Transit. Employees, of the American Federation of State, County and Municipal Employees, AFL - CIO, hereinafter called the Union. WITNESSETH WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the execution of collective bargaining agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers, and WHEREAS, the parties to this agreement recognize that benefits accrue to Union employees of the City by virtue of union membership, and that the best interests of the citizens of the City of Yakima are served by the City's official recognition of the Union. NOW, THEREFORE, pursuant to Chapter 41.56 of the Revised Code of Washington, and in accordance with the intent and purpose thereof, and for the purpose of promoting the morale, well being and security of the Union employees of the City, and for the purpose of promoting the general efficiency of the government of the City of Yakima, the parties hereto agree as follows: ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT 1.1 The City recognizes the Union as the exclusive bargaining representative of the bargaining unit consisting of all permanent Uniformed Transit Division City employees, except the Operations Supervisor, the Transit Manager, and those person(s) appointed to exempt or unclassified positions, as agreed by the parties in PERC Case Number 08382 -C -90- 00474, and the Senior Project Planner (Transit) as agreed by the parties in PERC Case Number 10654 -C -93 -626 1.2 In accordance with RCW 41.56 050 through RCW 41.56 080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) nor less than sixty (60) days prior to the expiration date of this agreement. AFSCME Transit 2004/2005.doc January 30, 2004 Page 4 ARTICLE II - UNION MEMBERSHIP 2.1 Union Membership: All employees in the bargaining unit shall, within thirty (30) days after hiring, as a condition of employment, become members of the Union, provided that exceptions to membership shall be subject to the provisions of RCW 41.56 122(1) 2.2 Payroll Deductions: The City agrees to deduct Union fees, dues and other assessments by the Union against its members within the bargaining unit from the pay of employees who authorize the City to do so, which authorization shall be in writing and signed by each person authorizing such deductions, and filed with the City The Union shall notify the Employer's Finance Director, Payroll Officer, or their designee of amounts to be deducted from the pay of each such person. The City shall transmit to the Washington State Council of County and City Employees, PO Box 750, Everett, Washington, 98206 -0750, the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month following the month for which deductions are made The Union agrees to defend, indemnify and hold harmless the City for any loss or damage arising from the operation of this Article knowingly caused by the Union. It is also agreed that neither any employee nor the Union shall have any claim against the City for any deductions made or not made unless a claim of error is made in writing to the City within forty -five (45) calendar days after the date such deductions were or should have been made. 2.3 Union Insignia: Employees who are members of the Union, and in good standing, shall be permitted, with the mutual agreement of Transit management, to wear while on duty, the standard type of Union pin prescribed by their State or International organization. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 5 ARTICLE III - COLLECTIVE BARGAINING 3.1 Collective bargaining between the parties shall be carried out by the City Manager, or his representatives, on behalf of the City of Yakima, and a person or persons elected by Transit employees representing the Union. Said collective bargaining committees shall not exceed four (4) members each without mutual consent of the parties. The Union Staff Representative and the City Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes. 3.2 Wages Hours and Working Conditions. Where negotiable matters pertaining to wages, hours and working conditions are fixed by various City ordinances, the City Manager shall give notice to the Secretary of the Union with a copy to the Staff Representative of any proposed enactment or repeal of, or any amendments to, any such ordinance applicable to members of the bargaining unit. Such notice shall be given no less than ten (10) days prior to the first meeting of the City Council where such ordinance is considered, and shall be in writing and contain a copy of the ordinance proposed to be enacted or of the proposed amendment, or shall refer by code number to any ordinance proposed to be repealed. No ordinance affecting wages, hours or working conditions of members of the bargaining unit shall be enacted by the City Council unless mutually agreed upon between the City Manager (or designee) and the collective bargaining committee of the Union. 3.3 Negotiations Timetable: Per RCW 41 56 492 application of uniformed personnel collective bargaining provisions to employees of public passenger transportation systems - conditions. In addition to the classes of employees listed in RCW 41.56 030(7), the provisions of RCW 41.56 430 through 41.56 452, 41.56 470, 41.56 480, and 41.56 490 shall also be applicable to the employees of a public passenger transportation system of a metropolitan municipal corporation, county transportation authority, public transportation benefit area, or City public passenger transportation system, subject to the following: AFSCME Transit 2004 / 2005.doc January 30, 2004 Page 6 A) Negotiations between the public employer and the bargaining representative may commence at any time agreed to by the parties. If no agreement has been reached sixty (60) days after commencement of negotiations, either party may demand that the issues in disagreement be submitted to a mediator The services of the mediator shall be provided by the commission without cost to the parties, but nothing in this Section or RCW 41.56 440 shall be construed to prohibit the public employer and the bargaining representative from agreeing to substitute at their own expense some other mediator or mediation procedure, and B) If an Agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at impasse, either party may demand that the issues in disagreement be submitted to an Arbitration panel for a binding and final determination. In making its determination, the Arbitration panel shall mindful of the legislative purpose enumerated in RCW 4145 430 and as additional standards or guidelines to aid it in reaching a decision(s), shall take into consideration the following factors. 1) The Constitutional and Statutory authority of the Employer; 2) Stipulations of the parties, 3) Compensation package comparisons, economic indices, fiscal constraints, and similar factors determined by the Arbitration panel to be pertinent to the case, and 4) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment. ARTICLE IV - PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media, nor otherwise make public disclosure, during Pre - Mediation negotiations as the parties work towards a collective bargaining agreement. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 7 ARTICLE V - CODE PROVISIONS The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this Agreement. All sections listed shall be in accord with the terms of this Agreement and in the event of a conflict the terms of the Agreement shall prevail. Section 2.20 010 - Persons Subject to Plan. Section 2.20 020 - Content of Plan. Section 2.20 040 - Policy for Pay Steps. Section 2.20 050 - Policy for Present Employees Subsection A. Section 2.20 060 - Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees. Section 2.20 070 - Reduction of Salary Section 2.20 085 - Reimbursement for Expenditures Subsection 5 Section 2.20 088 - Uniform Allowance - Special Assignment Pay, Subsections (3) and (4) Section 2.20100 - Classification Plan, Subsections A and E. Section 2.20110 - Compensation Plan, Subsection 1 Section 2.24.010 - Longevity Plan - Eligibility - Restrictions, Subsections A, C, D Section 2.40 020 - Vacation Leave, Subsection A, Subsection 1, and Subsections B (1), (4) Section 2.40 030 - Sick Leave, Sections A (1), B, C, D, E Section 2.40120 - Sick leave pool. Section 2.40 060 - Leave Without Pay Section 2.40 070 - Unauthorized Absences. Section 2.40 080 - Holidays with Pay, Subsections A, B, C, D, E, F, G, H, K. Section 2.40100 - Overtime Pay, Subsections A(4), B, C, D, E. AFSCME Transit 2004/2005.doc January 30, 2004 Page 8 ARTICLE VI - UNION CONSTITUTION AND BY LAWS Upon request of the City Manager or his designee, the Union shall promptly furnish to the City Manager a current copy of the Union constitution and by laws, or any other rules and regulations of the Union. Any revisions thereof shall be promptly furnished by the Union to the City Manager ARTICLE VII - BUSINESS LEAVES 7.1 Members representing the Union, not exceeding four (4) in number, shall be paid at the applicable rate of pay for actual time spent for all meetings between the City and the Union for the purpose of negotiating wages, hours and working conditions, terms of this agreement, or for processing grievances. When such meetings take place at a time during which any such members are scheduled to be on duty, they shall be granted leave from duty without any loss of pay Actual time spent for meetings shall be limited to the time spent in the meetings. 7.2 Business Leaves: Such officers and members of the Union may be designated by the Union, not to exceed four (4) in number at any one time shall be granted leave from duty with pay for Union business, such as but not limited to attending labor conventions and educational conferences, collective bargaining preparations and civil service, provided that notice of such conventions or conferences shall be requested and approved by the Department Head, and provided further that the total leave for the bargaining unit for the purpose set forth in this section shall not exceed one hundred thirty -five (135) hours in any fiscal year 7.3 Shop Stewards: Shop stewards shall be allowed up to one (1) hour per month with pay to attend shop stewards meeting(s) The number of shop stewards in the bargaining unit shall be determined by a ratio of one (1) steward per twenty (20) members in the bargaining unit. The Union shall keep the City notified of the current shop stewards and Local Union Officers. ARTICLE VIII - EMPLOYEE RIGHTS 8.1 An employee shall have the right, upon request, to inspect their personnel file. No material referring to the employee's job competence or conduct shall be placed in the file without the employee's knowledge and the opportunity to attach their comments. A copy of any entry pertaining to job competence or conduct will be given to the employee by the initiating department. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 9 8.2 The initial discussion of a probationary, special or annual performance evaluation shall take place solely between an employee and their immediate rating supervisor Thereafter an employee may be accompanied by a Union representative where job conduct or said performance evaluation is reviewed in a conference with management. On-the-job discussions between employee(s) and supervisor(s) regarding job duties, assignments or performance shall not be considered disciplmary action and shall not be subject to this provision. Appeals of performance evaluations and disciplmary actions shall be made in accordance with Civil Service Rules and Regulations and shall not be subject to the grievance procedure 8.3 Except as otherwise provided in State law, City Charter or Civil Service Rules and Regulations, off -duty activities of an employee shall not be cause for disciplinary action unless such activity is detrimental to the employee's performance on the job 8.4 Work Rules: A) Work rules and policy shall be posted for employees and be in writing They shall be uniformly applied. When existing work rules, policy or procedure are changed or new rules or procedures established, employees whose work assignment is affected shall be notified in writing (that is circulating memorandum) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature. B) Employees shall comply with all existing rules that are not in conflict with the express items of this Agreement, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule C) Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. 8.5 The City agrees to establish a Safety and Health Committee in accordance with WAC 296.24.045 Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City Unresolved complaints of violations of Washington Industrial Safety and Health laws may be referred to the Washington State Department of Labor and Industries, Industrial Safety Division, for investigation. 8.6 An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this Agreement according to the terms set forth without reprisal, repression, intimidation, prejudice, or discrimination. AFSCME Transit 2004/2005.doc January 30, 2004 Page 10 ARTICLE IX - MANAGEMENT RIGHTS 9.1 Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy Furthermore, the City reserves all customary management prerogatives including, but not limited to, the right to: A) Establish, plan for, and direct the work force toward the organizational goals of the municipal government. B) Determine the organization, and the merits, necessity and level of activity or service provided to the public. C) Determine the City budget and financial policies including accounting procedures. D) Establish, regulate and administer a personnel system, in conformity with the City Charter and Civil Service Rules and Regulations, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions. E) Discipline or discharge of employees for cause as provided by the General Rules and Regulations of the City's Charter Civil Service Commission and in conformity with this Agreement. F) Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accomplish governmental operations and maintain the efficiency thereof G) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. H) Assign work to and schedule employees in accordance with Civil Service classifications and position descriptions, and to establish and change work schedules in accordance with Article XXXIII - Work Week Provisions, 33 00 I) Relieve any employees from duty due to lack of work or insufficient funds. J) Take all actions necessary to carry out the mission of the City in emergencies. 9.2 The above -cited management rights are not to be interpreted as being all inclusive, but merely indicate the type of rights which belong to the City It is understood that any of the rights, power and authority the City had prior to the signing of this Agreement are retained by the City 9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified hereinabove, or any other claimed prerogative may seek their remedy by the grievance procedure provided in the Agreement. AFSCME Transit 2004/2005.doc January 30, 2004 Page 11 ARTICLE X - LABOR MANAGEMENT COMMITTEE 10.1 The City and the Union shall cooperate to provide the public with efficient and courteous service, to encourage good attendance of employees and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. In order to accomplish these goals, a Labor - Management Committee shall be established consisting of three (3) Union members chosen by the Union, the Union Staff Representative, the City Manager or his designee, one Transit management team member chosen by the City Manager, and may include two City Council members chosen by the Council. 10.2 The Labor - Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen (15) working days from the date of a request for a meeting by a party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at issue. 10.3 Prior to the meeting, a written agenda shall be prepared by the party requesting the meeting and may be supplemented by additions made by the other parties. A final agenda shall be established and distributed to all parties three (3) working days prior to the date of the meeting Items not on the agenda shall not be discussed at the meeting unless mutually agreed by all parties. 10.4 Resolution: A) Disposition of matters covered in a labor relations meeting shall not contradict, add to, or otherwise modify the terms and conditions of the contract between the City and the Union but shall approach the matter(s) at issue with a problem - solving effort. B) However, should the Labor /Management process result in a particular change in wages, hours, and working conditions, the change shall be reduced to writing in the form of a Letter of Understanding, Memorandum of Agreement, etc. ARTICLE XI - CONTRACTING WORK The City agrees that no permanent employee shall be laid off as a direct result of the City contracting work currently done by City Employees. The City however, retains the right to contract work as deemed desirable or necessary by the City and reassign employees who might otherwise be laid off as a result thereof The City further retains the right to lay off employees at the discretion of the City, due to lack of funds. AFSCME Transit 2004/2005.doc January 30, 2004 Page 12 ARTICLE XII - STRIKES AND LOCKOUTS PROHIBITED 12.1 The Union shall neither cause, encourage nor counsel employees within the bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to perform any customarily assigned duties, provided, however, in the event the laws of the State of Washington should be changed so as to allow the right to strike, or to substitute therefor any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the terms of any such law or change of law 12.2 The City agrees that during the term of this Agreement, there will be no lockouts. However, a complete or partial reduction of operations for economic or other compelling business reasons shall not be considered a lockout. In addition, if an employee is unable to perform their duties because equipment or facilities are not available due to a strike, work stoppage or slowdown by any other employees, such inability to provide work shall not be deemed a lockout. ARTICLE XIII - REDUCTION IN FORCE 13.1 Any reduction in force shall be accomplished in accordance with reduction in force procedures set forth in the Charter Civil Service Rules and Regulations. In the event that it becomes necessary to amend the reduction in force procedure in the Civil Service Rules, the City and the Union shall cooperate to develop reduction in force procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE XIV - GRIEVANCE PROCEDURE 14.1 Policy: The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review Accordingly, the following procedure is hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible. AFSCME Transit 2004/2005.doc January 30, 2004 Page 13 14.2 Exclusions: Matters covered by the general rules and regulations of the Civil Service Commission of the City of Yakima shall not be covered by this procedure. 14.3 Grievance Defined: A grievance is an alleged wrong or dispute, considered by an employee or group of employees as grounds for complaint, pertaining to employment conditions covered by this Agreement or its application, meaning or interpretation. 14.4 Special Provisions: A) The term "employee" as used in this Article shall mean a permanent or probationary employee who is a member of the bargaining unit or group of such employees, accompanied by a representative if so desired B) The aggrieved party and their chosen representative shall be granted time off without loss of pay for the purpose of processing a grievance. City employees attending hearings as a witness for the aggrieved party shall be granted time off without loss of pay for the purpose of providing testimony, including Civil Service Commission meetings. The aggrieved party's representative may, after making advance notification to the relevant Division Manager, visit the work location of employees covered by this Agreement for the purpose of investigating a grievance. Said investigation shall be conducted so as not to disturb the work of uninvolved employees. C) Grievances on behalf of an individual employee may not be initiated or pursued without their consent. However, contract grievances may be initiated or pursued by the Union. D) A grievance may be entertained in or advanced to any step in the grievance procedure if requested by one party in writing and agreed to by the other party in writing. E) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure to meet the time limit or extended time limit for responses by the City shall render the decision in favor of the grievant. AFSCME Transit 2004/2005.doc January 30, 2004 Page 14 F) Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. G) For the purpose of this article, work days shall refer to Monday through Friday, excluding Holidays. 14.5 Procedure: To be reviewable under this procedure a grievance must: A) Be filed in a grievance format which has been mutually agreed upon by the City and the Union, specifically the format of AFSCME Form F -29 B) Identify the facts and circumstances relating to the alleged misapplication, misinterpretation, or violation of a specific provision of this labor agreement. C) Specify the relief sought. 1) Step 1- Discussion with Supervisor: Whenever there is an apparent misunderstanding or dispute between an employee and the City, as soon as possible but in no case later than thirty (30) calendar days an effort must first be made to resolve the matter informally with the Supervisor If the misunderstanding and /or dispute remains unresolved after the initial informal meeting, the employee shall reduce the dispute, in writing to the Supervisor, within fifteen (15) working days, as a formal grievance The Supervisor shall investigate the relevant facts and circumstances of the grievance and provide a written decision within ten (10) working days. 2) Step 2 - Written Grievance to Division Manager: An employee who is dissatisfied with the decision of the Supervisor may submit the grievance in writing within ten (10) working days after notification to the employee of the decision of the Supervisor to the Division Manager The Division Manager shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within ten (10) working days after receipt of the employee's grievance. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 15 3) Step 3 - Written Grievance to Department Head. If the employee is dissatisfied with the decision of his Division Manager, the employee may submit the grievance in writing within ten (10) working days after notification to the employee of the decision of the Division Manager to the Department Head. The Department Head shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within ten (10) working days after receipt of the employee's grievance. 4) Step 4 - Written Grievance to City Manager: If the employee is dissatisfied with the decision of his Department Head, the employee may obtain a review by the City Manager by submitting a written request to him for a review The request shall be submitted within ten (10) working days after the notification to the employee of the decision of the Department Head. Said appeal shall delineate the areas of agreement and disagreement with the response given by the Department Head. The City Manager or his designee shall make such investigation and shall, within fifteen (15) working days after receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision. 5) A duplicate copy of all statements of grievance, requests for review and written decisions shall be filed by the grievant with the Human Resources Manager 14.6 Grievance Filed by the City: Any grievance which the City's management may have against the Union shall be reduced to writing and submitted, no later than thirty (30) calendar days after having been made reasonably aware of the issue, to the President of the Union local with a copy to the staff representative The Union President shall investigate the relevant facts and shall, within fifteen (15) working days, provide a written decision, and the reasons therefore. If the matter is not satisfactorily settled, an appeal may be instituted as set forth in 14.7 below 14.7 Step 5 - Final Resolution of Grievance Disputes: Either party to this Agreement may refer unsettled grievances which concern provisions of this Agreement to Arbitration. AFSCME Transit 2004/2005.doc January 30, 2004 Page 16 A) A request for Arbitration shall be in writing and shall be submitted to the other party not more than ten (10) working days after the reply of the City Manager, or the Union President as applies, or their designee, unless the time shall be extended by written mutual agreement. Such request shall identify the previously filed grievance which is the basis for the request for Arbitration and shall set forth the issue which the party making the request seeks to resolve. B) The Arbitrator may be selected by mutual agreement between the City Manager and the Union. In the event the parties cannot agree on the selection of the Arbitrator within ten (10) working days after the request is filed, then either the City Manager or his designee, or the Union may request PERC to assign an Arbitrator from its staff Provided that if the parties mutually agree, the parties may request a list of eleven (11) arbitrators, from either Public Employment Relations Commission (PERC), American Arbitration Association (AAA), or Federal Mediation and Conciliation Services (FMCS) Within a reasonable period of time from the receipt of the list the parties shall meet and alternately strike names from the list until one (1) name remains, who shall serve as arbitrator The party to strike the first name shall be determined by a coin flip C) The Arbitrator shall be limited to determining whether the City or the Union has violated or failed to apply properly the terms and conditions of this Agreement. The Arbitrator shall have no power to destroy, change, delete from or add to the terms of this Agreement. D) PERC rules and procedures shall govern the arbitration hearing E) The parties agree that the decision of the Arbitrator shall be final and binding and implemented within thirty (30) calendar days following the rendering of the decision. F) Cost of the Arbitration shall be shared equally by the parties, including the Arbitrator's fee and expenses, room rental, if any, and cost of the record. G) Each party shall bear the cost of the preparation of its own case. ARTICLE XV - SOCIAL SECURITY The City will continue to provide the employer's share of FICA (Social Security) coverage for the employees covered in the bargaining unit. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 17 ARTICLE XVI - EQUAL OPPORTUNITY CLAUSE In accordance with Revised Order No 4 implementing U.S Executive Order 11246, "Equal Employment Opportunity Act" of 1972 and the "Vocational Rehabilitation Act" of 1973 as amended and implementing regulations, and the "Americans with Disabilities Act" (ADA) of 1991, it is the policy of the City of Yakima and the Union to not discriminate against any employee or applicant for employment because of race, color, religion, age, sex or national origin, marital status or handicap ARTICLE XVII - SALARIES 17.1 Effective January 1, 2004: The compensation plan for the bargaining unit in effect December 31, 2003, shall be increased by Two point zero percent (2.0 %) 17.2 Effective January 1, 2005: The compensation plan for the bargaining unit in effect December 31, 2004, shall be increased by One Hundred percent (100 %) of the CPI Seattle Urban Wage Earners and Clerical workers Index with a minimum of One and Three Quarters percent (1 75%) and a maximum of Two and One Half percent (2.5 %) 17.3 Direct Deposit: The parties recognize that Direct Deposit is the most effective way of banking. When such service becomes available, all employees shall be able to direct deposit at their own financial institution that offers this service ARTICLE XVIII - LONGEVITY 18.1 Longevity: Longevity Compensation shall be in accordance with Yakima Municipal Code Section 2.24.010 A as may be subsequently amended A) All permanent employees shall accrue longevity as follows: Longevity Compensation Years Service Percentage of Base Pay At least 60 months and less than 120 months 1.75% At least 120 months and less than 180 months 3 5% At least 180 months and less than 240 months 5 0% At least 240 months and less than 300 months. 6.5% At least 300 months or more 8 0% B) Accruals shall be prorated on actual hours in pay status for permanent part -time employees. C) Accruals shall be prorated for permanent part -time employees, based on previous six (6) months. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 18 ARTICLE XIX - SHIFT DIFFERENTIAL 19.1 After Hours: For employees who work a regularly scheduled shift where all or part of the shift hours fall between 6.00 p.m. and 6 a.m., an additional five percent (5 %) per hour over base pay will be paid for all hours worked within the stipulated period to the nearest one -half (1/2) hour Persons working overtime past their normal shift will not be entitled to payment under this Article unless all of the scheduled hours of the second shift are worked. 19.2 Split Shift: A) Transit Employees who work a split shift shall receive five percent (5 %) shift differential for fifty percent (50 %) of the hours worked on any split work day, up to twenty (20) hours per week. B) Transit Employees who work a five (5) day work week and have one (1) weekday off, shall receive a five percent (5 %) shift differential, for twenty (20) hours a week. C) Transit Employees who work a four (4) day work week and have two (2) weekdays off, shall receive a five percent (5 %) shift differential, for twenty (20) hours a week. D) Shift differential shall be limited to thirty (30) hours per week for employees who meet the requirements of (A & B) or (A & C) 19.3 Permanent Part - Time Permanent part -time operators shall receive shift differential pay as follows. A) For hours worked before 6.00 a.m. and after 6.00 p.m. B) For the same hours of whoever's complete regularly scheduled full - time shift they fill. C) For partial shifts pieced together, with an unpaid time lapse of thirty (30) minutes or greater Shift differential shall be paid for fifty percent (50 %) of the total hours worked that day, rounded up to the nearest one -half (1/2) hour D) For all additional hours worked before or after a straight eight (8) or ten (10) hour shift, provided that there is an unpaid time lapse of thirty (30) minutes or greater E) When working a regularly scheduled split shift, no additional compensation shall be paid for extra hours worked during that day. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 19 ARTICLE XX - OVERTIME 20.1 Employees who are required to work more than forty (40) hours in any work week shall be paid one and one -half (1 -1/2) times the regular rate of pay for credited time in excess of forty (40) hours per week. Credited time shall be in fifteen (15) minute increments. However, compensatory time off at the time and one -half rate in lieu of overtime pay may be requested by the affected employee In that case, compensatory time may be taken at such time as is agreed upon by the Employer and the employee, but may not be imposed by the Employer upon any employee who has not so requested such compensatory time off 20.2 Compensatory time off may be accrued to a maximum of forty (40) hours unless the City Manager approves additional accrual because of an emergency or other unusual circumstance. Provided, however, existing compensatory time in excess of forty (40) hours shall remain until used. 20.3 Employees may accept any shift(s), and or shift piece(s) of available overtime by seniority No shift shall be split more than once. 20.4 Time spent by an employee beyond the normal working day for training classes, shall be considered time worked for calculation of overtime pay 20.5 Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay 20.6 The City shall grant time off to eat to any employee who is requested to and does work beyond the regular shift quitting time. The Employer shall grant thirty (30) minutes to eat every four (4) hours thereafter while the employee continues to work. 20.7 In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall insure the employee obtains a meal at the Employer's expense. 20.8 Call Out Pay A) A minimum of two (2) hours pay at the time and one -half (1 -1/2) rate will be paid to an employee as follows: 1) Who is requested to return to work at the completion of their shift while still at the work site /relief point, or, 2) Is called to return to work after leaving the work site/ relief point at the completion of the shift, 3) Is called to report to work prior to the start of their shift, 4) Is called into work on a day off B) Call out time is counted from the time the employee begins work until the employee is released from the workplace. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 20 ARTICLE XXI - STANDBY PAY 21.1 The determination of the need for and assignment of standby time is a responsibility of Management. Employees will have the opportunity to volunteer or exchange for standby prior to being made a required assignment. The employee must notify their supervisor in writing by the end of the previous shift of an exchange with another employee for assigned standby 21.2 Compensation for assigned standby time will be $1 00 per hour 21.3 Employees, when on assigned standby time, are required to maintain the same required physical and mental capacity that is required during regular scheduled work hours and are to be reachable if called. ARTICLE XXII - BI LINGUAL PAY Employees who perform job duties in a bi- lingual capacity and who have passed the City's bi- lingual exam, shall receive with the approval of the Division Manager an additional thirty dollars ($30) per month. ARTICLE XXIII - MEDICAL / DENTAL / VISION BENEFIT PACKAGE 23.1 Employee Only Medical /Vision and Dental Coverage: Medical and Dental Benefit Package; (Medical/Vision and Dental Insurance) The City shall pay one hundred percent (100 %) of the monthly employee only medical /vision and dental insurance premiums for coverage as set by the City of Yakima Employees' Welfare Benefit Board. Employee only medical/ vision and dental insurance premiums shall be at no cost to the employee. 23.2 Dependent Medical /Vision and Dental Coverage - Medical and Dental Benefit Package; (Medical/Vision, and Dental, Insurance) The monthly dependent unit premium costs shall be borne as follows: A) Fifty percent (50 %) shall be paid by the participating employee B) Fifty percent (50 %) shall be paid by the Employer This cost sharing shall only be applicable to those employees who enroll their dependents in the Employer's Health Care Plan. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 21 23.3 Retiree Coverage: A) Upon payment of the premium as required in 23.3 -D, herein, retirees may elect to remain in the group medical plan until they reach age 65 B) Spouses of retirees may remain in the group medical plan until they reach age 65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. C) Other dependents of retirees may remain in the group medical plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents. D) Retirees, or spouse of deceased retirees, shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for coverage of active City employees and dependents as applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary 23.4 Vision Care: The medical program shall include a vision care program as part of the major medical benefits plan for employees and their eligible dependents. 23.5 Dental Insurance: Dental insurance for eligible employees and their dependents shall be provided. The dental insurance program shall be part of the medical benefit package premium calculation specified in 231 and 23.2 above. 23.6 Wellness Committee: A representative from this bargaining unit will be appointed to the Wellness Committee. The Committee will discuss such topics as heart life programs and physical exam coverage. 23.7 Employee Welfare Benefit Board: A) The City of Yakima and AFSCME Local 1122 will each select four (4) members and one (1) nonvoting member from the transit bargaining unit to serve on the City of Yakima Employees' Welfare Benefit Board, hereinafter referred to as the Board. B) The purpose of the Board shall be to study and become informed regarding health insurance programs including the City's modified self - funded program, to identify perceived and real problems, and make recommendations to the City and the Union on ways to improve and enhance in an economical fashion the health insurance program. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 22 C) To enable the Board to become knowledgeable and to make reasonable and objective recommendations for change, the City agrees to- 1) Complete open disclosure and cooperation to the Board with City staff and insurance provider on information necessary for the Board to complete its duties. 2) The Board shall be permanent. Any member(s) of the Board who for any reason steps down as a Board member, shall be replaced by the same selection process above 23.8 Right of Withdrawal: The Union shall continue to have the right to withdraw from the City's self - insured program by notifying the City in writing six (6) months in advance. ARTICLE XXIV - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 24.1 For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human or animal waste, the City will arrange and provide for inoculations or vaccines recommended by the Yakima County Health Officer 24.2 Beyond the basic license fee, the City Of Yakima will pay initial and required renewal fees for any license /certificate required by the City as a condition of employment. Employee fault License /Certificate reinstatement cost shall be born by that employee. 24.3 As part of the City's Wellness Program and the City's encouragement of good health practices, the City will provide an annual physical examination fee for a physical performed by the City's doctors, or if the employee chooses their own doctor to perform the examination, the City will provide up to Seventy -Five ($75 00) for such a physical examination. ARTICLE XXV - LIFE INSURANCE 25.1 The life insurance premium shall be paid in full by the City The face value of the Life Insurance Policy shall be Fifty Thousand Dollars ($50,000) per member 25.2 Retiree Life Insurance: Upon retirement, the retiree may elect to continue their participation in the life insurance coverage through a conversion policy This conversion coverage policy requires the retired employee to pay their own premium for said coverage. AFSCME Transit 2004/2005.doc January 30, 2004 Page 23 ARTICLE XXVI - HOLIDAYS 26.1 The following shall be recognized and observed as paid holidays. New Year's Day January 1 Martin Luther King, Jr Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas December 25th One (1) personal holiday 26.2 Personal Holiday: Permanent employees shall be entitled to eight (8) hours of personal holiday Employees who work a 4/10 schedule shall be entitled to ten (10) hours of personal holiday Both are subject to the following conditions. A) The employee has been or is scheduled to be continuously employed by the City for more than six (6) months, and B) The employee has given not less than fourteen (14) calendar days of written notice to the Division Manager, provided however, the employee and the Division Manager, or their designee, may agree on an earlier day, and C) The Division Manager or their designee, has approved the day, and D) The day selected does not prevent the Transit Division from providing continued public service and does not interfere with the efficient operation of the Transit Division, and E) The personal day must be taken during the calendar year of entitlement or the day will lapse except when an employee has requested a personal holiday and the request has been denied. 26.3 General Holidays. A) Whenever any holiday specified by State Law falls on Saturday, the preceding Friday shall be the holiday Employees who work Friday in such case shall be paid according to City Code Section 2.40 080, Subsection E Whenever any holiday specified by State law falls on Sunday, the following Monday shall be the holiday Employees who work Monday in such case shall be paid according to City Code Section 2.40 080, Subsection E. B) Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if a holiday falls on Sunday, the holiday shall be observed Sunday for those employees regularly scheduled to work on Saturday or Sunday AFSCME Transit 2004 /2005.doc January 30, 2004 Page 24 C) If a holiday falls on a normal day off, an equivalent day off will be granted to be scheduled within sixty (60) days of the holiday D) Holiday hours will be offered by seniority as defined in Article XXXI -- Seniority, to permanent employees, prior to offering the open holiday work to temporary employees, and E) Time and one -half (1 -1/2) will be paid for the hours worked on a holiday in addition to the employee's rate of pay At the employee's option, the premium holiday pay shall be received or the employee may be paid at straight time with the equivalent of one and one -half (1 -1/2) days being granted off within sixty (60) days. If not specified here the general holiday agreement applies. F) Employees working a 10/4 schedule shall earn ten (10) hours credit per holiday listed above All other provisions of this Article will continue to apply ARTICLE XXVII - VACATION Employees shall be granted annual vacation pursuant to the following conditions. 27.1 All full time employees shall accrue vacation with pay as follows. Years of Service Accrual Rates After one (1) full year . 6.67 hours per month (80 hours per year, 40 hours may be taken after 6 months) After two (2) full years 8 0 hours per month (96 hours per year) After five (5) full years 10 0 hours per month (120 hours per year) After ten (10) full years 12.67 hours per month (152 hours per year) After fifteen (15) full years 14.67 hours per month (176 hours per year) After twenty (20) full years 18 67 hours per month (224 hours per year) Vacation accruals for permanent part -time employees will be prorated based on the difference between the total number of actual hours in pay status in the previous month versus the total number of hours available to work in the previous month. Accruals shall be adjusted monthly 27.2 Employees shall be allowed to accrue a total amount of vacation time equal to the amount which can be earned in two years. 27.3 Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article XXVIII - Sick Leave, Section 28.3 and 28 4 provided the employee immediately upon becoming ill, notifies the Division Manager and presents to the Division Manager upon return to work a physician's certificate stating the nature of the illness and the length of the incapacity AFSCME Transit 2004/2005.doc January 30, 2004 Page 25 ARTICLE XXVIII - SICK LEAVE 28.1 Accrual: Sick leave with pay is established as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows. A) All full -time employees shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City Said accrual shall be prorated for permanent part - time employees. B) Unused sick leave shall be cumulative for succeeding years to a maximum of 1040 hours. No additional credits will be subsequently allowed above 1040 hours. 28.2 Permissible Use of Sick Leave: An employee eligible for sick leave with pay shall be granted such leave for the following reasons: A) Personal illness or physical incapacity resulting from causes beyond employee's control. B) Verifiable visits to a physician or dentist for examination and /or treatment. C) Quarantine of employee due to exposure to a contagious disease. D) On -the -job injuries. Any employee receiving sick leave with pay, who is eligible for time loss payments under the Workman's Compensation Law may be paid full salary (sick leave) and on receipt of time loss payments may endorse such payments to the City to restore a portion of their used sick leave based upon the following formula. 1) Time loss payment divided by the employee's regular hourly rate of pay equals hours of leave to be restored. 2) At the option of the employee, the employee can retain their time loss payment and use sick leave to make up the difference in pay that would equal 100% of the available hours per month not to exceed forty (40) hours per week. E) Care for a child 4 the employee under the age of 18 years of age with a health condition that requires verifiable treatment, transportation, or supervision. F) The death of a member of the immediate family of an employee, or employee's spouse. AFSCME Transit 2004j 2005.doc January 30, 2004 Page 26 G) Serious injury or illness to other members of employee's immediate family constituting an emergency or crisis, provided the employee is engaged in care /treatment, transportation, or supervision of the affected individual. H) The term "Immediate Family" shall include: 1) Spouse, children, children of spouse, spouse of children, 2) Step or foster family relationship, 3) Mother, father, brother, sister of employee or spouse, 4) Grandparent or grandchild of employee or spouse, 5) Aunt or uncle of employee or spouse. 6) Any person living in the Immediate Household* of the employee 7) In cases where an employee is responsible for funeral arrangements sick leave will be granted. I) Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory time, in lieu time, or their personal holiday in lieu of sick leave subject to the requirements of all other provisions of this Agreement (contract) * Members of the Immediate Household means persons who reside in the same home, who have reciprocal and natural and /or moral duties to and do provide support for one another The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune. 28.3 Requirements for All Paid Sick Leave: A) Every employee must report to the representative designated by their Division Manager the reason for the absence as far in advance of the starting of their scheduled work day as possible. This report shall be made no later than five (5) minutes after the scheduled report time. B) An employee must keep their Division Manager informed of their condition if absence is of more than three (3) working days in duration. C) For each absence an employee must submit upon the approved form an explanation of the reason for such absence A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three (3) consecutive working days, or for each absence, if requested by the Division Manager If a physician's statement is to be requested by the Division Manager, the employee shall be so notified before their return to work. D) Employees may choose to permit home visits. The employee must permit medical examinations as designated by the City, at the expense of the City, and at the mutual convenience of the City and the employee. AFSCME Transit 2004/2005.doc January 30, 2004 Page 27 28.4 Enforcement of Sick Leave Provisions: A) Any failure to comply with the provisions of Article XXVIII - Sick Leave shall be grounds for denial of sick leave with pay or other paid leave taken in lieu of sick leave for the period of absence. B) Misrepresentation of any material facts in connection with paid sick leave or other paid leave taken in lieu of sick leave by an employee shall constitute grounds for disciplinary action. C) It shall be the responsibility of the Department Head or his designated representative to 1) Review all sick leave or other paid leave taken in lieu of sick leave and approve that which is bona fide and complies with the provisions of this Section and forward approved time cards to the Finance Department. The Payroll Officer shall not certify the payment of sick leave or other paid leave taken in lieu of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave or other paid leave taken in lieu of sick leave by the Payroll Officer upon recommendation of the Department Head as indicated by their signing the time sheet and subject to the receipt of an approved application for sick leave pay or other paid leave taken in lieu of sick leave immediately upon the employee's return to work, 2) Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave, 3) Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use, 4) Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay or other pay taken in lieu of sick leave pay D) 1) Permanent employees shall not exceed twelve (12) incidents of unscheduled sick leave in a calendar year Exceeding twelve (12) incidents may be cause for discipline 2) An unscheduled sick leave incident shall be defined as any continuous period of absence due to illness or injury One absence equals one incident regardless of the length of time of absence 3) Any sick leave period of absence in which the employee submits a statement by the attending Health Care Provider regarding the illness or injury of themselves or a family member(s), shall be exempt from the unscheduled sick leave definition, and be considered a scheduled absence AFSCME Transit 2004/2005.doc January 30, 2004 Page 28 28.5 Sick Leave Exchange: Any permanent employee may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions: A) Employees who have accrued sick leave up to a maximum of 840 hours may exchange sick leave for additional vacation days or for cash as follows: 1) Upon retirement or death the employee's accrued sick leave up to and including 840 hours will be exchanged for pay at the rate of 100% of the employee's current base pay Effective January 1, 1988, maximum payment shall be $12,500 2) Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to and including 719 99 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice Effective January 1, 1988, maximum payment shall be $6,250 3) Upon termination under honorable conditions, as distinct from retirement or death, employees who have accrued sick leave of 720 hours or more will be exchanged for pay at the rate of 50% of the employee's current base pay, up to a maximum of and including 840 hours. Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice Effective January 1, 1988, maximum payment shall be $6,250 4) Employees who have accrued more than 720 hours or more of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for each additional eight (8) hours of leave, not to exceed a total of 40 added leave hours annually, utilization of which would be subject to the scheduling and approval by the Department Head. B) Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided in Section 28.5 Sick Leave Exchange "A" above at the option of the employee, subject to the following conditions and provisions. 1) A request for such an exchange shall be made to the Finan Director All requests shall be in writing and shall be signed by the employee making the request. A FSCME Transit 2004/ 2005.doc January 30, 2004 Page 29 2) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Finance Director Exceptions to the above will be made for termination, layoff or disability retirement. 3) No request will be granted for less than eight (8) hours pay or a minimum of three (3) days leave. 4) No exchange will be granted to an employee who has been terminated for cause. 5) In the event of layoff, exchange requests are the responsibility of the employee. ARTICLE XXIX - MATERNITY LEAVE Pregnancy will be treated as any other disability An employee may work with her doctor's consent as long as she is able and if not able, will be put on disability in accordance with the Municipal Code and as governed by RCW Chapter 49 60 and WAC 162 -30 -120 ARTICLE XXX - BEREAVEMENT LEAVE 30.1 Employees shall be granted up to and including three (3) days Bereavement Leave in the event of a death in the immediate family of the employee. A) The term "Immediate Family" shall include: 1) Spouse, children, children of spouse, spouse of children, 2) Step or foster family relationship, 3) Mother, father, brother, sister of employee or spouse, 4) Grandparent or grandchild of employee or spouse, 5) Aunt or uncle of employee or spouse 6) Any person living in the Immediate Household * of the employee. 7) In cases where an employee is responsible for funeral arrangements bereavement leave will be granted. B) The employee shall upon returning to work provide written documentation of the death of the immediate family member before bereavement leave shall be paid. This requirement may be waived by the Transit Manager or his designee * Members of the Immediate Household means persons who reside in the same home, who have reciprocal and natural and /or moral duties to and do provide support for one another The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune AFSCME Transit 2004/2005.doc January 30, 2004 Page 30 ARTICLE XXXI - SENIORITY 31.1 Seniority Defined: Seniority is defined as the length of time accrued in a permanent non - exempt Civil Service Classification position and shall be subject to the following provisions. Seniority shall be recorded as follows. years, days, hours, and minutes. 31.2 Seniority Provisions: A) Seniority shall begin on the actual date of hire in a permanent classified status including the probationary period. B) Seniority for On -Call and Seasonal positions shall only include the actual time accrued in a pay status. C) Seniority shall continue from one (1) classified position to another classified position through transfer or promotion. D) Any and all time in a leave without pay status which is not both pre - requested and pre- approved shall be excluded from seniority E) Any and all time in a leave without pay status, which resulted from the employee's failure to maintain the minimum qualifications of the position, shall be excluded from seniority F) Any and all time on suspension due to a sustained disciplinary action shall be excluded from seniority G) Seniority of employees who are separated from service due to a reduction in force shall be retained for the duration of the re- employment /recall period. However, no additional seniority shall accrue during the period of separation should rehire occur H) All seniority shall lapse and become void upon the expiration of the re- employment /recall period, resignation, termination for cause, or abandonment of position. 31.3 Seniority Application: Seniority by definition and provisions shall be recognized and applied to all matters of work assignments, and reductions in force. 31.4 Seniority Records: A) The Operations Supervisor with the support of the Human Resources Division shall maintain a current record of individual seniority for each employee in the Transit Bargaining Unit. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 31 B) The individual seniority records shall be adjusted to reflect any and all of the seniority provisions immediately after each occurrence, with written notification to the negatively affected employees. C) The Operations Supervisor shall compile from the individual records, a single descending rank order list of employees from the greatest seniority to the least seniority D) The single list of seniority shall be updated prior to and posted with any and all sign -up bids and markdown bids. E) Copies of the individual records and the seniority list shall be forwarded by the Operations Supervisor to the Human Resources Division with the individual records to be placed in the respective personnel files. 31.5 Separability Of Service Length: This Article sets specific parameters on the length of service for purposes of rank order for the classified employees. It is not the intent of this Article to alter the individual length of continuous, uninterrupted service with the City which may include temporary, and /or exempt service that the employee's vacation, sick leave, longevity, retirement, and holiday adjustments are based on. ARTICLE XXXII - CHANGE OF WORK STATUS 32.1 Permanent employees may bid, based on their seniority, for a full -time or a part -time status, for periods of one (1) sign -up They may change status at the end of each sign -up without loss of seniority 32.2 To facilitate payroll requirements (programming availability), operators will simultaneously bid for their status, "full -time or part- time," while bidding their work schedules. 32.3 Work schedules bidding shall be completed within a total time period of eighteen (18) working days. ARTICLE XXXIII - WORK WEEK PROVISIONS Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below The City will grant time off for a mmimum. of five (5) Operators per weekday, excluding sick leave. Management shall determine the maximum number of employees off per day. Employees' schedules will conform to the provisions of this Article unless specifically modified by an Addendum to this contract. If the current ratio of permanent full time to permanent part time changes due to significant modifications of service, this article may be renegotiated in accordance to Article 37.2 (Entire Agreement) AFSCME Transit 2004 /2005.doc January 30, 2004 Page 32 33.1 Bidding Work for Transit Operators: A) Seniority shall, (as defined in Article XXXI - Seniority), prevail in the bidding for full or part -time status, run selection, and work week selection. B) All permanent Transit Operators shall bid on all scheduled runs and /or shifts by seniority 33.2 Rest Period for Transit Operators: A) Time recovery layovers shall not be considered in calculating rest period compensation. B) All straight, eight (8) or ten (10) hour, shifts shall include a total of thirty (30) minutes of non - service rest period compensation. 1) Straight shifts shall be considered as split shifts when filled by more than one (1) employee and Section C below shall apply C) All split, eight (8) or ten (10) hour, shifts shall include fifteen (15) minutes of non - service rest period compensation within each shift piece(s) One (1) rest compensation period shall be before, and one (1) rest compensation period shall be after, the shift split. D) All open work and special operations work shall include fifteen (15) minutes of non - service rest period compensation within each four (4) hour period of work. 33.3 Transit Dispatchers: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours within a twenty -four (24) hour period. C) Work Week: The work week shall start on Monday and end on Sunday It shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off D) Shifts: Shifts shall be assigned by mutual agreement of the Dispatchers, however, seniority bid shall prevail where a consensus agreement cannot be reached. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 33 E) Working Out Of Classification: Dispatchers may stand in for Transit Operators in limited emergency situations and break periods. F) Overtime: Permanent Dispatchers shall be offered any available overtime on a seniority basis among the permanent Dispatchers If the permanent Dispatchers are not available to work overtime, the work will be offered to other qualified permanent employees on a seniority basis. G) Uniforms: The Employer shall provide uniforms for each Dispatcher commensurate with current Transit Division standard issue. 33.4 Service Workers: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours within a twenty -four (24) hour period C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off D) Uniforms: The Employer shall provide service worker(s) with clean uniforms daily E) Foul Weather Gear: The Employer shall provide foul weather gear such as, but not limited to, coats, boots, and gloves for the Service Worker(s) 33.5 Marketing and Program Administrator, Transit Project Planner A) Regular Hours: These employees may or may not have regularly scheduled work hours. B) Work Day: Eight (8) or ten (10) consecutive hours with a one (1) hour lunch break within a twenty -four (24) period. AFSCME Transit 2004/2005.doc January 30, 2004 Page 34 C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off 33.6 Route Supervisor: A) Regular Hours. These employees may or may not have regularly scheduled work hours. B) Work Day: Eight (8) or ten (10) hours within a twenty -four (24) hour period. C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive or non - consecutive days, with two (2) or three (3) days off D) Uniforms. The Employer shall provide uniforms for each Route Supervisor commensurate with current Transit Division standard issue. 33.7 Permanent Full-Time Transit Operators: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive or non consecutive hours within a twenty -four (24) period. C) Work Week: The work week shall start on Monday and end on Sunday, and shall consist of five (5) consecutive or non consecutive eight (8) hour days, with two (2) days off or four (4) consecutive or non consecutive ten (10) hour days with three (3) days off D) Uniforms: The Employer shall provide uniforms for each permanent full -time Transit Operator commensurate with current Transit Division standard issue. AFSCME Transit 2004/2005.doc January 30, 2004 Page 35 33.8 Permanent Part -Time Transit Operators. A) Permanent Part -Time Scheduled Work: 1) Scheduled Regular Hours. The Employer shall establish each work schedule, which shall provide for regular starting and quitting times for each work day 2) Scheduled Work Day Permanent part -time runs shall consist of a work day of ten (10) hours or less and may be for consecutive or non consecutive hours. 3) Scheduled Work Week: The work week shall start on Monday and end on Sunday; and shall consist of five (5) consecutive or non - consecutive work days. The scheduled work week shall be scheduled to meet the needs of the Transit Division. 4) Uniforms: The Employer shall provide uniforms for each permanent part -time Transit Operator commensurate with current Transit Division standard issue. B) Permanent Part Time Open Work: 1) Open Regular Hours: The Employer shall establish each work assignment which shall provide for regular starting and quitting times for each work day 2) Open Work Day: Known Leave Assignment; Previous Day Before 2:00 p.m. I) Permanent part -time employees may accept any shift(s) and /or shift piece(s) of available open work by seniority Preferential splitting of work will not be done prior to offering the entire shift(s) and /or shift piece(s) to all available permanent Part -Time employees. II) When all full shift(s) have been assigned or if a more senior Operator opts to work a shift piece(s) then the next most senior Operator can bid on a shift(s) or shift piece(s) III) If an employee(s) fails to contact dispatch (and could have had an assignment), or decides to pass up a full shift they will rotate to the least senior bidding position for the next day's "same day" assignments. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 36 3) Same Day Work Assignment: I) Work becoming available after 2:00 p.m. the previous day and /or piece(s) remaining from previous night's assignments. II) Work is offered to most senior available employee who can work the shitt(s) or piece(s) without loss of service An employee who passes up work shall rotate to the least senior bid position. III) Open work that is offered to a temporary employee shall be split to accommodate a permanent part -time Operator who may be available to work a portion of that shift. 4) Open Work Week: Any open work will be split as necessary on the day of the week in which the employee's cumulative hours total forty (40) hours (or as near 40 hours as possible) without leaving a remaining open work piece of less than two (2) hours. 5) Open Bidding: Permanent part -time employees will be offered open work daily by seniority C) Call To Report: When called to fill open work the following shall apply. 1) Accepted work report time is one (1) hour from acceptance, and regular report rules apply 2) Arrival within the first one - half (1/2) hour after the shift starts will be paid from the start of the shift. 3) Arrival after the first one -half (1/2) hour from the shift start time will be paid m quarter (1/4) hour increments rounded to the previous quarter (1/4) hour 4) All Permanent Part -time Operators must submit a leave request for the day(s) they wish to be not available (N /A) Standard leave request procedures will be followed. AFSCME Transit 2004 /2005.doc January 30, 2004 Page 37 33.9 On Call Employees: On Call Employees will not be scheduled for a regular set shift, but rather, will be called to work to fill in during the absence of another employee On call employees will be entitled to the meal and rest periods provided for in the scheduled shift for which they are filling in. 33.10 Minimum and Maximum Shift: No employee will be scheduled to a regular shift of less than two (2) consecutive hours No employee shall be scheduled to a regular shift of greater than ten (10) hours. 33.11 Work Schedule Changes: Any overall, long term change in work schedules will be discussed between the Employer and the Union prior to implementation. The Employer may change the regular starting and quitting times and the days worked in a week with five (5) work days notice prior to the effective date of the new schedule The five (5) work day notice may be waived upon written mutual agreement between Management and the Union. Although reasonable warning will be given whenever possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to cover for the absences of another employee due to termination, resignation, vacations, or sick leave Other than the reasons cited above, an employee's work shift shall not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or called to work before the regular starting time or retained to work beyond the regular quitting time. 33.12 Emergency Situations: The Employer shall determine when an emergency situation exists and an emergency shall be defined as a sudden, unexpected event which creates a situation endangering the public or employees' health and /or safety In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees. However, management will endeavor to preserve employee work schedules whenever possible 33.13 Addenda Procedures: Recognizing the diversity of the work force m the Bargaining Unit, the Union and the Employer agree that other work week provisions may, from time to time, be required for various groups of employees. It is therefore, agreed that alternative work week provisions may be adopted. These alternative provisions will be adopted as written Addenda to this contract and will require approval of the City and the Union and a majority of the employees covered by the Addenda. AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 38 ARTICLE XXXIV - PERMANENT PART -TIME EMPLOYEES 34.1 Whenever possible permanent part -time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. 34.2 It is recognized and expected that permanent part-time employees may be assigned work to fill -m while permanent full -time employees are absent due to vacation, illness, or other cause, which may preclude the assignment of a specific work schedule and therefore not considered to have a regularly scheduled work shift. Permanent part -time employees may, as a condition of their employment, be required to have a telephone in their personal residence so that they may be notified if they are needed to work on a particular day 34.3 Permanent part -time employees will be eligible to receive overtime payments m accordance with Article XX Overtime, 201, only if they work more than forty (40) hours in any calendar week. No overtime compensation will be paid if such employee exceeds the regularly scheduled work day unless such work causes the employee to work more than forty (40) hours in the work week. 34.4 Permanent part -time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked. In order to facilitate crediting to those accounts, permanent part-time, benefits will be initially assigned to 50 %, 75 %, or 100 %, as determined by the appointing authority, of the accrual rate Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates. Holiday and personal holiday time will be adjusted annually ARTICLE XXXV - TRADING WORK Employees may trade work with other employees in their same classification, within the same work week (Monday through Sunday), as long as the wage cost to the Employer does not exceed the wage cost had the trade not occurred. The employees shall give notice, on the official form, to the Dispatcher no later than 1.00 p.m. on the day prior to the earliest affected shift. ARTICLE XXXVI - " ROADEO" The Employer will encourage the participation of employees in bus and van "ROADEOS" AFSCME Transit 2004/2005.doc January 30, 2004 Page 39 ARTICLE XXXVII - ENTIRE AGREEMENT 37.1 This Agreement constitutes the complete and entire Agreement between the parties and neither the City nor the Union shall be bound by any requirement not specifically stated in this Agreement or applicable Civil Service rules. The parties are not bound by the past practices or understandings of the City or the Union unless such past practices or understandings are incorporated in this Agreement. 37.2 The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter not removed from the collective bargaining process by law and regarding wages, hours, and working conditions and agree that all said proposals have been negotiated during the negotiations leading to this Agreement. The parties further agree that negotiations will not be reopened on any item during the life of this Agreement except by the mutual consent or as provided in R.C.W 4156 492. ARTICLE XXXVIII - SAVINGS CLAUSE 38.1 Applicability to and Compliance with Law. It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto, however, such invalidity shall not affect the remaining Articles of this Agreement. Notwithstanding any other provisions of this Agreement the parties may take all actions reasonable to comply with the Americans with Disability Act and the Family and Medical Leave Act. If the Washington State Health Services Act of 1993 or Federal Health Care legislation mandates changes to the Health /Care Fringe Benefits Article of this Agreement, then the parties agree to negotiate the effects of those mandated changes. 38.2 Effects of Charter Civil Service Rule Changes: It is understood that, should modification of the Charter Civil Service Rules and Regulations take place during the contract period, the parties agree the CBA will be reopened to address each modification. ARTICLE XXXIX - TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 2004 and shall terminate on December 31, 2005, provided, however, that this Agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto during the term hereof AFSCME Transit 2004/ 2005.doc January 30, 2004 Page 40 ARTICLE XXXX - EXECUTION EXECUTED THIS DAY OF , 2004. FOR THE UNION: FOR THE CITY OF YAKIMA. Tom Barrington, Staff Representative Dick Zais WSCCCE Council 2 City Manager Yvette Lewis Glenn Rice Local 1122 President Assistant City Manager Wayne Parsley Chris Waarvick Local 1122 Bargaining Team Director of Public Works Joe Caldwell Archie M. Sutton Local 1122 Bargaining Team Human Resources Manager Jeff Beaver Ken Mehin Local 1122 Bargaining Team Transit Manager Reggie Oliver Rich Lyons Local 1122 Bargaining Team Transit Operations Supervisor ATTEST: Karen Roberts City Clerk AFSCME Transit 2004 /2005.doc January 30, 2004 Page 41 WAGE GRID FOR 2004 Transit Civil Service Classes Pay Class Allocated Range Code Classes A B C D E 650 23101 Transit Service MO 1/1/03 2182.22 2277.56 2386.75 2490 75 2617.28 Worker HR 1/1/03 12.59 1314 13 77 14.37 1510 MO 1/1/04 2225.56 2322.62 2435.29 254102 2669.28 HR 1/1/04 12.84 13 40 14.05 14.66 15 40 655 22101 Transit Operator MO 1/1/03 2386.75 2490.75 2617.28 2724.75 2853 01 HR 1/1/03 13 77 14.37 1510 15 72 16.46 MO 1/1/04 2435.29 2541 02 2669.28 2778.48 2910.21 HR 1/1/04 14.05 14.66 15 40 16 03 16.79 660 22102 Transit Dispatcher MO 1/1/03 2490 75 2617.28 2724.75 2853 01 2986.48 HR 1/1/03 14.37 1510 15 72 16.46 17.23 MO 1/1/04 2541.02 2669.28 2778.48 2910.21 3045 41 HR 1/1/04 14.66 15 40 16.03 16 79 17 57 665 21101 Transit Route MO 1/1/03 2781 95 291714 304714 3187.54 3334.87 Supervisor HR 1/1/03 16 05 16.83 17.58 18.39 19.24 MO 1/1/04 2837 41 2976 08 3107.81 3251 67 3400.73 HR 1/1/04 16.37 1717 17 93 18 76 19 62 670 No Allocated MO 1/1/03 312514 3267.27 3409 40 3577.53 3743 93 Classification HR 1/1/03 18 03 18.85 19 67 20 64 21 60" MO 1/1/04 3187.54 333314 3477 00 3648 60 3818.46 HR 1/1/04 18.39 19.23 20.06 21.05 22.03 675 20102 Transit Project MO 1/1/03 3544.60 3712.73 3887 79 4071.52 4260 45 Planner HR 1/1/03 20 45 2142 22.43 23 49 24.58 20101 Marketing and MO 1/1/04 3615 66 3787.26 3965 79 4152.99 4345.38 Program HR 1/1/04 20.86 21.85 22.88 23 96 25 07" Administrator AFSCME Transit 2004 /2005.doc January 30, 2004 Page 42