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HomeMy WebLinkAboutR-2007-075 2007-2009 Collective Bargaining Agreement / AFSCME (1122)RESOLUTION NO. R-2007-75 A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement between the City of Yakima and Council 2, Washington State Council of County and City Employees, representing Local 1122 General Municipal Employees regarding wages, hours, and working conditions through 2009. WHEREAS, Council 2, Washington State Council of County and City Employees representing Local 1122 Municipal Employees ("Union") is the exclusive bargaining representative for general municipal employees of the City of Yakima. WHEREAS, pursuant to the requirements of state law, labor negotiations have occurred between the City and the Union regarding wages, hours, and working conditions for Union members from January 1, 2007, through December 31, 2009; and WHEREAS, the Union has expressed a willingness to agree to the terms and conditions of the attached collective bargaining agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Collective Bargaining Agreement Between the City of Yakima, Washington and Council 2, Washington State Council of County and City Employees Representing Local 1122 Municipal Employees" regarding wages, hours, and working conditions through 2009. ADOPTED BY THE CITY COUNCIL this 15th day ► May, 2007 ATTEST: City Clerk David Edler, Mayor - Za07-75 2007 - 2009 COLLECTIVE BARGAINING AGREEMENT Between CITY OF YAKIMA, WASHINGTON and COUNCIL 2, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES REPRESENTING LOCAL 1122 Municipal Employees AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO EFFECTIVE JANUARY 1, 2007 THROUGH DECEMBER 31, 2009 Local 1122 - City of Yakima Municipal Employees 2007- 2009 CBA TABLE OF CONTENTS PREAMBLE: 2 ARTICLE 1 RECOGNITION OF UNION BARGAINING UNIT 3 ARTICLE 2 UNION MEMBERSHIP 4 ARTICLE 3 COLLECTIVE BARGAINING 5 ARTICLE 4 - CODE PROVISIONS 6 ARTICLE 5 - IMPASSE 7 ARTICLE 6 - GRIEVANCE PROCEDURE 8 ARTICLE 7 - BUSINESS LEAVE 11 ARTICLE 8 - EMPLOYEE RIGHTS 12 ARTICLE 9 MANAGEMENT RIGHTS 14 ARTICLE 10 LABOR/MANAGEMENT COMMITTEE 15 ARTICLE 11 - SOCIAL SECURITY 16 ARTICLE 12 - EQUAL OPPORTUNITY CLAUSE 16 ARTICLE 13 - CONTRACTING WORK 16 ARTICLE 14 - STRIKES AND LOCKOUTS PROHIBITED 17 ARTICLE 15 - UNION CONSTITUTION AND BY LAWS 17 ARTICLE 16 MATERNITY / PATERNITY LEAVE 17 ARTICLE 17 - SALARIES AND LONGEVITY 18 ARTICLE 18 - HEALTH CARE 19 ARTICLE 19 - LIFE INSURANCE 22 ARTICLE 20 SICK LEAVE 22 ARTICLE 21 - LAYOFF 28 ARTICLE 22 - VACATION LEAVE 28 ARTICLE 23 - HOLIDAYS 29 ARTICLE 24 - WORK DAY / WORK WEEK _PROVISIONS 32 ARTICLE 25 - OVERTIME AND COMPENSATORY TIME 37 ARTICLE 26 - BILINGUAL SPECIAL PAY 38 ARTICLE 27 - CALL OUT PAY 38 ARTICLE 28 STANDBY PAY 38 ARTICLE 29 SHIFT DIFFERENTIAL 39 ARTICLE 30 - FIELD TRAINING OFFICER PAY 39 ARTICLE 31 SPECIAL ASSIGNMENT PAY 39 ARTICLE 32 LICENSING AND. LICENSING RENEWALS 40 ARTICLE 33 PERMANENT PART-TIME EMPLOYEES, ON-CALL EMPLOYEES, AND PERMANENT SEASONAL EMPLOYEES 40 ARTICLE 34 TEMPORARY EMPLOYEES 41 ARTICLE 35 - ENTIRE COLLECTIVELY BARGAINED AGREEMENT 42 ARTICLE 36 - SAVINGS CLAUSE 42 ARTICLE 37 - TERMINATION 43 1 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA PREAMBLE: P-1 Collective Bargaining Agreement: THIS COLLECTIVELY BARGAINED AGREEMENT, hereinafter called the CBA, made and entered into the 1st day of January, 2005 by and between the City of Yakima, Washington, hereinafter called the City, and the Council 2, Washington State Council of County and City Employees, representing Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union. P-2 WITNESSETH: A) 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 theright 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 B) WHEREAS, the parties to this CBA recognize that benefits accrue to general government 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 City's general government employees' Union. C) 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 general government 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: 2 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA ARTICLE 1 - 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 City employees except the following: Commissioned employees of the Police Department The Police Department Administrative Assistant All employees of the Fire Department All employees of the Human Resources Division All employees of the Legal Department All employees of the Yakima Municipal Court The City Manager and members of his/her staff including the Administrative Secretary and Executive Assistant Senior Analyst Payroll Officer Accountant Financial Services Officer Treasury Services Officer Financial Services Technician — Payroll Deputy City Clerk Utility and Finance Assistant Engineering Contracts Specialist Engineering Office Assistant Construction Supervisor Utility Engineer Supervising Traffic Engineer Senior Engineer Water/Irrigation Engineer Surface Water Engineer Supervising Planner Supervising Project Planner (Transit) Supervising Code Inspector Traffic Operations Supervisor Senior Program Supervisor Neighborhood Development Services Operations Supervisor Recreation Program Supervisor Aquatics Program Supervisor Recreation Supervisor Community and Economic Development Office Administrator Code Inspection Office Supervisor Public Works Office Assistant Parks and Recreation Administrative Associate Police Services Supervisor Corrections Sergeant Administrative Assistant to the Director of Public Works Supervising Senior Analyst Equipment Maintenance Supervisor Mechanic II 3 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA Equipment Supervisor Industrial Maintenance Supervisor Parks Operations Supervisor Parks Superintendent Cemetery Supervisor Sewer Maintenance Supervisor Street Supervisor Street Maintenance Supervisor Irrigations Supervisor Water Distribution Supervisor Building Superintendent Traffic sign Supervisor Solid Waste Supervisor Transit Operations supervisor Utility Service Supervisor Assistant Wastewater Manager Wastewater Treatment Plant Process Control Supervisor Wastewater Treatment Plan Chief Operator Environmental Analyst Water Treatment Plant supervisor Lab Coordinator All other Department Heads and Division Managers Any other classification covered by Section 2.20.100 D of the Yakima Municipal Code ARTICLE 2 - 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 Union Insignia: Union Members may wear official AFSCME lapel/stick pins (tie tacks) while on duty. 2.3 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 Secretary of the Union shall notify the Finance Director, or their designee, of the City of Yakima 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, P.O. Box 750, Everett, Washington, 98206 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. 4 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 2.4 Indemnification: 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. ARTICLE 3 - COLLECTIVE BARGAINING 3.1 Bargaining Teams: Collective bargaining between the parties shall be carried out by the City Manager, or his representatives, on behalf of the City Council, and a person or persons representing the Union. Said collective bargaining committees shall include the City Manager or his designee, the Union staff representative, and not more than seven (7) additional members from each party 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 prior to the first bargaining session. 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) working 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: A) Prior to the termination of this CBA, the Union and the City shall exchange written proposals for any changes in negotiable matters pertaining to wages, hours and working conditions sought for the subsequent year(s), specifying all sought changes. B) During the City Manager's preparation of the annual budget while negotiations are occurring for a new CBA, the City .Manager or his designee shall consider the Union's proposals and negotiate with the Union's collective bargaining representatives. Any 5 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA agreement reached in negotiations shall be reduced to writing in a memorandum of agreement which shall be signed by the City Manager and the Union's representative. C) In the event of disagreement between the collective bargaining committees concerning any Union recommendation and before impasse procedures are invoked the City's representative and the representative of the Union shall each set out in writing, and furnish a copy thereof to the other party, a brief signed statement containing the subject of disagreement as understood by the party writing the statement and the position on that subject of the other party as understood by the party writing the statement. D) Nothing herein shall be construed so as to require approval by the Union of any budget, nor any portion thereof, before its submission to and adoption by the City Council. ARTICLE 4 - CODE PROVISIONS 4.1 Incorporation By Reference: The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this CBA. All sections listed shall be in accord with the terms of this CBA and in the event of a conflict the terms of the CBA shall prevail. A) Section 2.04.030 B) Section 2.20.010 C) Section 2.20.020 D) Section 2.20.040 E) Section 2.20.050 City Contributions A, B-4, C-2. Persons Subject to Plan. Content of Plan. Policy for Pay Steps. Policy for Present Employees Subparagraph (a). Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees. Reduction of Salary. Reimbursement for Expenditures Subparagraph 1. Uniform Allowance Special Assignment Pay, Subparagraphs B and C. Classification Plan, Subparagraph (b). Compensation Plan, Subparagraph (e). Shift Differential. Longevity Plan, Eligibility Restrictions, Subparagraphs A, C, D. Vacation Leave, Subparagraphs A, Section 1, and Subparagraphs B, C, D, E. Sick Leave. F) Section 2.20.060 G) Section 2.20.070 H) Section 2.20.085 I) Section 2.20.088 J) Section 2.20.100 K) Section 2.20.110 L) Section 2.20.120 M) Section 2.24.010 N) Section 2.40.020 0) Section 2.40.030 6 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA P) Section 2.40.060 Leave Without Pay. Q) Section 2.40.070 Unauthorized Absences. R) Section 2.40.080 Holidays with Pay, Subparagraphs A, B, C, D, E, F, G, H, J, K. S) Section 2.40.090 Work Week. T) Section 2.40.100 Overtime Pay, Subparagraphs A-4, B, C, D, E. U) Section 2.40.120 Shared Leave-AFSCME employees. ARTICLE 5 - IMPASSE 5.1 Consideration by City Council: In the event the Union and the City Manager are unable to. resolve any negotiable matter relating to wages, hours or working conditions, either party may request that the matter be submitted to the Yakima City Council; for preliminary discussion and consideration by that body in an effort to satisfactorily settle such unresolved matter prior to any final City Council action by ordinance, resolution or otherwise. Such consideration by the Council shall be made after reasonable notice to the parties, who shall have the right to be in attendance and to be heard. 5.2 Mediation: In the event the Union and the City Manager are unable to resolve any negotiable matter relating to wages, hours and working conditions, either party may request mediation. Before mediation is requested, the unresolved matter must be reduced to writing and reasonable notice given to the other party of intentions to seek mediation. Mediation shall be conducted by an appointee of the Washington State Public Employment Relations Commission (PERC), or the Federal Mediation Conciliatory Service (FMCS). The parties shall attempt to agree as to whether to request a mediator from PERC or FMCS, however if the parties cannot agree, a mediator shall be requested from PERC. 5.3 Fact Finding: In the event the Union and the City Manager are unable to resolve any negotiable matter relating to wages, hours and working conditions, either party may request fact finding. Before fact finding is requested, the unresolved matter must be reduced to writing and reasonable notice given to the other party of intentions to seek fact finding. Fact finding shall be conducted by a committee of citizens of the City who are not employees of the City, one of whom shall be selected by the City Manager, one of whom shall be selected by the Union, and the third chosen by the two so selected. The conclusions of the fact finding committee shall be made public. 5.4 Impasse Procedure: The impasse procedure contemplated by Article 5 - Impasse, Sections 5.1, 5.2, and 5.3, hereinabove are not mutually exclusive, and any one or all such procedures may be 7 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA invoked by either party in the event the Union's collective bargaining committee and the City Manager are unable to resolve any negotiable matter relating to wages, hours or working conditions. 5.5 Public Disclosure: Neither party shall independently issue releases to any news media, nor otherwise make public disclosure, during pre -impasse negotiations for a collective bargaining agreement. ARTICLE 6 - GRIEVANCE PROCEDURE 6.1 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 resolve 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 CBA may be resolved as fairly and expeditiously as possible. 6.2 Remedies: The Union may either grieve matters according to this Article or the Union may appeal to the Yakima Charter Civil Service Commission according to the Commission's Rules and Regulations. However, the Union may not exercise both approaches but must choose one or the other. 6.3 Definitions: A) A "grievance" is a dispute concerning the interpretation, application, or alleged violation of any provision of this Agreement. B) The term "working day" as used in this Article means Monday through Friday excluding holidays. C) The term "employee" as used in this Article means a permanent, permanent part time, permanent seasonal, or probationary employee who is a member of the bargaining unit or group of such employees, accompanied by a representative if so desired. 6.4 Special Provisions: A) The aggrieved party and his or her 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. 8 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA The aggrieved party's representative may, after making advance notification in writing as soon as possible to the relevant Division Manager(s), visit the work location of employees covered by this CBA for the purpose of investigating a grievance. Said investigation shall be conducted so as not to disturb the work of uninvolved employees. B) Grievances on behalf of one individual employee may not be initiated or pursued without the employee's written consent. C) Grievances on behalf of more than one individual employee may be initiated or pursued without the employees' written consent. 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 of either party to meet the time limit or extended time limit for responses or appeals at any step in the process shall render the decision in favor of the other party. 6.5 Procedure: To be reviewable under this procedure a Union grievance must be filed in writing within thirty (30) calendar days after the action or decision giving rise to the grievance and must comply with the following: A) Be filed upon an AFSCME Form F-29. B) Identify an alleged act or omission by management concerning this CBA. C) Identify the specific provisions of this CBA alleged to have been violated. D) Specify the relief sought. 6.6 STEP I: Informal Discussion with Immediate Supervisor: Prior to filing a written grievance as described in Step II below, the employee shall meet with his or her immediate supervisor to discuss the subject of dispute. If the subject of dispute is the immediate supervisor, the employee shall meet with the Division Manager. 6.7 STEP II: Grievance Filed with Division Manager: The affected employee shall pose the question of the grievance in writing to his or her Division Manager within 30 calendar days of the action or decision giving rise to the grievance. The Division Manager shall answer the question of the misunderstanding and/or dispute in writing within 15 working days. 6.8 STEP III: Grievance Appealed to Department Head: An employee who is dissatisfied with the decision of the Division Manager may submit the grievance in writing to the Department Head within fifteen (15) working days after receipt of the 9 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA Division Manager's decision. The Department Head shall make a separate investigation and notify the employee in writing of the decision, and the reasons therefore, within fifteen (15) working days after receipt of the employee's grievance 6.9 STEP IV: Grievance Appealed to City Manager: If the employee is dissatisfied with the decision of the Department Head, the employee may obtain a review by the City Manager by submitting a written request to the City Manager within fifteen (15) working days after receipt of the decision of the Department Head. The City Manager shall make such investigation and conduct such hearings as is deemed necessary, 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. 6.10 Management Grievance: Any grievance by the City against the Union shall be reduced to writing and submitted, no later than thirty (30) calendar days after having been made aware of the issue, to the President of the Union Local with a copy to the WSCCCE staff representative. The Union President shall make an investigation of 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 6.11 below. 6.11 STEP V: Final Resolution of Grievance: A) Either party to this CBA may refer unsettled grievances to Arbitration. B) 1) A request for Arbitration shall be in writing and shall be submitted to the other party not more than thirty (30) working days after the reply of the City Manager, or the Union President, respectively, unless the time shall be extended by written mutual agreement. 2) Such request shall identify the previously filed grievance which is the basis for the request for Arbitration and shall set forth the issue or issues which the party making the request seeks to resolve. C) 1) The Arbitrator may be selected by mutual agreement between the City Manager and the Union. Alternatively, the parties may mutually request a list of nine (9) Arbitrators from the Public Employment Relations Commission (PERC), the American Arbitration Association (AAA), or the Federal Mediation and Conciliation Service (FMCS). In the event the parties cannot agree on what agency to request a list from within fifteen (15) working days, then either the City Manager or the Union may request a list of nine (9) Arbitrators from PERC. ,2) Within fifteen (15) working days from the receipt of the list the parties shall 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. 10 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA D) 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 CBA. The Arbitrator shall have no power to destroy, change, delete from or add to the terms of this CBA. E) PERC rules and procedures shall govern the hearing. F) 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. G) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcript(s) shall be shared equally by the parties. H) Each party shall bear the remaining costs of the preparation and presentation of its own case, including attorneys' fees, regardless of the outcome. ARTICLE 7 - BUSINESS LEAVE 7.1 Contract Administration: Members representing the Union, not exceeding seven (7) in number, shall be granted leave from duty without any loss 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 and the terms of a contract and up to four (4) members for meetings between the City and the Union for the purpose of processing grievances when such meetings take place at a time during which any such members are scheduled to be on duty. Actual time spent for meetings shall be limited to time spent in meetings and travel time. The Union may choose which union members to send to contract administration meetings, provided it gives the members' immediate supervisor(s) reasonable notice. 7.2 Other Union Business: A) The City of Yakima will maintain a standard for the accounting of Union business leave. B) Such officers and members of the Union as may be designated by the Union, not to exceed four (4) in number at any one time (except for attending labor conventions when the number shall not exceed seven (7) at any one time), shall be granted leave from duty with pay for union business other than that provided in Articles 7.1 and 7.3 herein including, but not limited to attending labor conventions and educational conferences regarding collective bargaining and civil service, provided that notice of such leave shall be given in writing at least one week prior thereto (emergencies excepted), and approval obtained from 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 135 hours in any calendar year. 7.3 Shop Stewards: Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 11 Shop Stewards shall be allowed up to one (1) hour per month with pay for Shop Stewards meetings conducted during the steward's work shift. The number of Shop Stewards shall not exceed five (5) per City depai tinent or a City-wide total of twenty (20). The Union shall keep the City informed, in writing, of the current Shop Stewards and Local Union Officers and shall provide at least seven calendar days advance notice of regular meetings in writing to the affected Division Managers in order to properly schedule staff coverage. ARTICLE 8 - EMPLOYEE RIGHTS 8.1 Personnel Files: Employees shall have the right, upon request, to inspect their personnel file. No material referring to an employee's job competence or conduct shall be placed in the file without the employee's knowledge and the employee's opportunity to attach his or her comments. . A copy of any entry pertaining to job competence or conduct will be given to the employee. 8.2 Performance Evaluations: A) The initial discussion regarding a probationary, special or annual performance evaluation shall take place solely between an employee and his or her 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 disciplinary action and shall not be subject to this provision. B) Appeals of performance evaluations shall be made in accordance with Charter Civil Service Rules and Regulations. 8.3 .Probationary Period: A) Police Department Positions. The probationary period for all Police Department positions, including new hires and promotions, shall be twelve (12) months. B) Non -Police Department Positions. The probationary period for all other bargaining unit positions shall be as follows: The probationary period for promotions shall be six (6) months. Effective June 1, 2005, the probationary period for new hires shall be twelve (12) months, provided that probationary employees may use vacation leave and are eligible for step increases after six (6) months of employment, subject to and in accordance with all other rules, policies, the Yakima Municipal Code, and this CBA. 12 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 8.4 Off Duty Actions: Off-duty activities shall be cause for disciplinary action in accordance with state and local law and the Charter Civil Service Commission Rules and Regulations. 8.5 . Work Rules: 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, by circulating memoranda) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of fourteen (14) calendar days before becoming effective, except for changes of an emergency nature. 8.6 Compliance: Employees shall comply with all existing rules that are not in conflict with the express items of this CBA, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule. 8.7 Safety and Health Committee: A) The City has established a City-wide Safety and Health Committee in accordance with state law. Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City. B) 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. C) The City and the Union agree to form a Labor -Management Task Force to study safety and health issues and make recommendations to the Safety and Health Committee. 8.8 Union Participation: An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this CBA according to the terms set forth without reprisal, repression, intimidation, prejudice or discrimination. 8.9 Working Environment: The City shall provide the members of the bargaining unit with safe and healthy working environments. These working environments shall follow Federal and State law, and shall 13 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA be free from discrimination, harassment, disparate treatment, and non-professional management practices. ARTICLE 9 - MANAGEMENT RIGHTS 9.1 Management Rights Exclusive of the CBA: Except as specifically abridged, granted, delegated or modified by this CBA, 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 Charter 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 Charter Civil Service Commission and in conformity with this CBA. 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 XXIV-Work Day, Work Week Provisions, Section 24.6. I) Relieve any employees from duty due to a lack of work or insufficient funds. J) Take all actions necessary to carry out the mission of the City in emergencies. 9.2 Scope of Management Rights: 14 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 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 CBA are retained by the City. ARTICLE 10 - LABOR / MANAGEMENT COMMITTEE 10.1 Intent: The City and the Union shall cooperate to provide the public with efficient and courteous service, encourage good attendance of employees, and promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. 10.2 Makeup: In order to accomplish these goals, a Labor/Management Committee shall be established consisting of up to eight (8) individuals: three (3) Union members chosen by the Union, the Union staff representative, the City Manager or his/her designee, and three (3) individuals selected by the City Manager from the management team and/or the City Council. 10.3 Time Frame: 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 CBA. Requests shall be in writing and contain the item(s) or topic(s) at issue. 10.4 Agenda: At least ten (10) working days 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 at least three (3) working days prior to the date of the meeting. Items not on the agenda are not required to be discussed at the meeting unless mutually agreed by all parties at the beginning of the meeting. 10.5 Resolution: Should the Labor/Management process result in a particular change in wages, hours and working conditions or otherwise supplement or modify this CBA, the change shall be reduced to writing in the form of a Letter of Understanding or Memorandum of Agreement and shall be executed by the parties. ARTICLE 11 - SOCIAL SECURITY 15 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA The City will continue to provide the employer's share of Medicare and FICA (Social Security) for bargaining unit members. ARTICLE 12 - EQUAL OPPORTUNITY CLAUSE 12.1 It is the policy that the City of Yakima will comply with Revised Order No. 4 implementing U.S. Executive Order 11246, Equal Employment Opportunity Act of 1972, the Vocational Rehabilitation Act of 1973 as amended and implementing regulations, and the "Americans with Disabilities Act" (ADA) of 1991 as is mandated by these provisions and regulations. 12.2 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, national origin, marital status or disability. ARTICLE 13 - CONTRACTING WORK Effective January 1, 2000, the City agrees that no permanent employee shall be laid off as a direct result of the City contracting out work currently done by City employees. The City, however, retains the right to continue currently contracted out work and retains the right to contract out any other positions or services deemed desirable or necessary, and reassign employees who might otherwise be laid off as a result thereof. The City further retains the exclusive right to lay off employees at the discretion of the City, due to the lack of funds. In the event the City is considering contracting out work/services in the future, it will provide the Union with forty-five (45) days notice prior to its final decision. During said time period, the Union may provide information to the City concerning other alternatives/options that the Union asserts are more cost-effective than subcontracting out the work/services. However, the parties agree that the City expressly reserves and retains the exclusive right to decide whether to subcontract out the work/services after consideration of the information provided by the Union. Additionally, and in the event the City decides to contract out work/services in the future, it will provide the Union with forty-five (45) days advance notice to bargain any effects of the subcontract upon the bargaining unit. The parties shall make a good faith effort to resolve any such issues within the forty-five (45) day time period. After forty-five (45) days, the City may implement the subcontract even though the effects of bargaining are not concluded. ARTICLE 14 - STRIKES AND LOCKOUTS PROHIBITED 14.1 Strikes: 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 16 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 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 therefore any other right in its place, this CBA 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. 14.2 Lockouts: The City agrees that during the term of this CBA, 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 his or her 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 15 - UNION CONSTITUTION AND BY LAWS Upon request of the City Manager or his or her designee, the Union promptly shall furnish to the City Manager a current copy of the constitution, by laws and any other rules or regulations of the Union, including any revisions thereto. ARTICLE 16 - MATERNITY / PATERNITY LEAVE 16.1 Maternity Leave: Pregnancy will be treated in accordance with the Municipal Code as governed by RCW Chapter 49.60, WAC 162-30-120, and the Family Medical Leave Act (FMLA). 16.2 Paternity Leave: Paternity Leave granted by the City under the FMLA is subject to the specific Paternity Leave tenets of that act. The intent of this CBA is not to add to, delete from, or otherwise interfere with employee rights under this law. ARTICLE 17 - SALARIES AND LONGEVITY 17.1 Salaries: A) Effective January 1, 2007: The compensation plan for the bargaining unit in effect December 31, 2006 will be increased by zero percent (0%). B) Effective January 1, 2008: 17 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA The compensation plan for the bargaining unit in effect December 31, 2007 will be increased by three percent (3%). C) Effective January 1, 2009: The compensation plan for the bargaining unit in effect December 31, 2008 will be increased by a percentage equal to one hundred percent (100%) blended average of the U.S. Cities CPI - W and the Seattle, Tacoma, Bremerton CPI - W from June 2007 to June 2008 with a minimum of two point five percent (2.5%) and a maximum of three point five percent (3.5%). 17.2 Longevity defined: 17.3 Longevity Compensation shall be in accordance with Yakima Municipal Code Section 2.24.010, Subparagraph "A" as amended, effective January 1, 1984. Longevity Accruals: Longevity Compensation Years Service Percentage of Base Pay At least 60 months and less than 120 months 1.5% At least 120 months and less than 180 months 3% At least 180 months and less than 240 months 4.5% 240 months or more 6% 17.4: Deferred Compensation: Each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to a percentage of said monthly salary as provided below. The deferred compensation contribution is separate pay and is not part of base monthly salary as codified in the Yakima Municipal Code Pay and Compensation Ordinance 2.20.110. This provision is subject to the City's deferred compensation rules and regulations and IRS regulations. The computation of retirement contributions and pension benefits shall be governed by applicable state law. A) Effective January 1, 2008: Effective January 1, 2008 the City will contribute an amount equal to one percent (1%) of each employee's base monthly salary to a deferred compensation plan. 18 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA B) Effective January 1, 2009: Effective January 1, 2009, the City will contribute 2% of each employee's base monthly salary to a deferred compensation plan. C) Effective July 1, 2009: Effective July 1, 2009, the City will contribute 3% of each employee's base monthly salary to a deferred compensational plan. ARTICLE 18 - HEALTH CARE 18.1 Availability: Medical, Dental, and Vision insurance is provided by the City through the Health Care Trust. Covered bargaining unit employees, retirees and their dependents shall participate in the "City of Yakima Employees' Health and Welfare Plans." Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, co -payment, co- insurance and deductibility requirements and all other terms and conditions for the provision of these health benefits shall be governed by the "City of Yakima Employees' Welfare Benefit Program." Notwithstanding the foregoing, there will be no change to the benefit package during 2007. 18.2 Health Care, Dental, and Life Premium Contributions: All insurance premium base rates shall be determined annually by the applicable broker of record and the formulas described below shall apply. A) Employee Only Premium Contribution: The City shall pay the monthly employee only health care premium as set by the City of Yakima Employees' Welfare Benefit Board. B) Employee and Family Premium Contribution: The City and employees shall share the monthly dependent unit health insurance premiums on a 50% by the employer and 50% by the employee basis. Example for Illustration Purposes Only -- Based Upon 2003 Rates 50%/50% split dependent coverage ($342.18) Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 19 50% City contribution. $171.09 50% Employee contribution: $171.09 Notwithstanding the foregoing, there will be no change to the Employee contribution amount from December 31, 2006, through December 31, 2007. C) Dental Insurance Premium Contribution: The City shall pay the premium for the employee and dependent family dental insurance. D) Permanent Seasonal Employees: Effective January 1, 2007, permanent seasonal employees may extend health benefits for the first month after their routine seasonal layoff. The employee must have and must use forty (40) hours of accrued compensatory or vacation time in the month after the routine seasonal layoff to be eligible for this extension. The employee must use accrued compensatory time before using accrued vacation time. 18.3 Retiree Medical, Dental, and Vision Coverage: A) Upon payment of the full premium as required in 18.2 herein above, retirees may elect to remain in the group medical, dental, vision 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 the spouse reaches the age of age 65, or remarries, 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 until coverage for the retiree and spouse, or, the spouse of a deceased retiree terminates, at which time such dependent insurance coverage ceases regardless of the age of the dependents. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. D) Retirees, or spouses of deceased retirees, shall pay the full premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for coverage of active municipal employees and dependents as applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 18.4 Long Term Disability: The City agrees to continue to deduct voluntary long-term disability premiums through payroll deduction. Employees shall authorize the City to do so in writing. 18.5 Wellness Committee: 20 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA Union representatives from this bargaining unit will be selected by the Union to serve on the Wellness Committee. The Committee will discuss such topics as heart programs, life programs, and physical examination coverage. 18.6 Health Hazards/Inoculations: For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human waste, or animal waste, the City will arrange and provide for inoculations or vaccines as recommended by the Yakima County Health Officer or other governing regulations. 18.7 Annual Physical Examination Provided: As part of the City's Wellness program and the encouragement of good health practices, the City will provide Seventy -Five Dollars ($75.00) towards an annual physical examination. 18.8 Employee Health and Welfare Benefit Board: A) The Union will select four (4) representative board members. Along with representatives from the City and other bargaining units, these representatives will serve on the City of Yakima Employee Health and 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 to the Union on ways to improve and enhance, in an economical fashion, the Health Care Insurance Program. C) To enable the Board to become knowledgeable and to make reasonable and objective recommendations for change, the City agrees to the following: 1) There shall be complete and open disclosure within the limits of medical confidentially to the board by City staff and Insurance Providers 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 step down as a Board Member shall be replaced by the same selection process hereinabove. 18.9 Right of Withdrawal: The Union shall have the right to withdraw from the City's self-insured program by notifying the City in writing six (6) months in advance. 18.10 VEBA: 21 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA The Union has the option to participate as a group in the VEBA program set up by the City of Yakima upon 90 days advance written notice to the City. ARTICLE 19 - LIFE INSURANCE 19.1 Employee Life Insurance Benefit: A) Effective January 1, 2005, the City shall provide a life insurance policy to bargaining unit members with a face value of Thirty -Five Thousand Dollars ($35,000). B) Effective January 1, 2006, the City shall provide a life insurance policy to bargaining unit members with a face value of Fifty Thousand Dollars ($50,000). The life insurance premiums shall be paid in full by the City effective January 1, 2005 through December 31, 2007. ARTICLE 20 - SICK LEAVE 20.1 Sick Leave: Sick leave with pay is established as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows: A) Accrual: 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 partial months worked, as well as prorated for permanent part-time employees. B) Use: Effective June 1, 2005, sick leave cannot be used during the month of accrual. C) Sick Leave Not Used/Capped: Unused sick leave shall accumulate to a maximum of 1040 hours. Employees whose sick leave balance exceeded the aforementioned maximum as of December 31, 1981 shall be permitted to exceed the maximum until such time as their use reduces the balance below 1040 hours. No additional credits will be subsequently earned or allowed to accumulate above the cap of 1040 hours. 20.2 Permissible Use of Sick Leave: An employee eligible for sick leave with pay, shall be granted such leave for the following reasons: 22 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA A) Instances of personal illness or physical incapacity resulting from causes beyond employee's control; B) To care for a child of the employee with a health condition that requires treatment or supervision; "child" as used herein means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent ("in loco parentis" as legally defined) who is (a) under eighteen years of age or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability; C) To care for a spouse, parent, parent -in-law, or grandparent of an employee who has a serious health condition or an emergency condition; "parent" as used herein includes an individual who stood in the place of a parent ("in loco parentis" as legally defined) to an employee when the employee was a child. D) For verifiable visits to a health care provider, for the employee, or for the employee's immediate family. 1) For the intent of this CBA, the "Immediate Family" is defined as persons related by blood, marriage, legal guardianship or adoption such as any wife, husband, parent, grandparent, brother, sister, child, recognized foster child, or grandchild of the employee. 2) The term immediate family does not include persons sharing the same general household when the living style is primarily that of a dormitory or commune. E) Quarantine of employee due to exposure to a contagious disease. F) 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: time loss payment divided by the employee's regular hourly rate of pay equals hours of leave to be restored. OR At the option of the employee, the employee can retain their time loss payment and can continue to use accumulated sick leave to equal up to 100% of the available hours per month not to exceed 40 hours per week. 20.3 Bereavement Leave: A) Employees who are eligible for sick leave under this CBA shall: 23 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 1) In the event of each death in the employee's immediate family, employees may consume up to three (3) days bereavement leave, per year, without loss of pay. These three (3) days shall not be credited against their sick leave accrual. 2) In the event of any days beyond the initial three (3) bereavement days per year, additional leave days will be debited against the employee's sick leave accrual. 20.4 Exception: Employees are not allowed to report to work at another job during the same hours that sick leave is claimed. Violations shall be treated in accordance with Section 20.7 B of this CBA. 20.5 Sick Leave Exhausted: Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory, in -lieu time, or their personal holiday in lieu of sick leave subject to the requirements of Article 20 -Sick Leave, Section 20.2 -Permissible Use of Sick Leave, herein above. 20.6 Requirements for Paid Sick Leave Usage: A) Absence Reported: (1) Unless otherwise provided herein, every employee must report to the representative designated by his or her Department Head the reason for the absence as far in advance of the starting of their scheduled work day as possible. Generally, this report should be made no later than fifteen (15) minutes before the starting time of the shift on the first day of absence. (2) Police Services employees must report the reason for any unscheduled absence due to illness or injury to the representative designated by the employee's Division Manager at least one (1) hour before the starting time of the shift on each day of an absence of less than three (3) days. For incidents more than three (3) days, Section 20.6(B) shall apply. B) Incidents Greater Than Three Days: For incidents of sick leave use lasting longer than three (3) working days, the Department Head may require the employee to submit a written explanation for the leave and may also require the employee to submit a written statement by the employee's health care provider confirming the need for such leave. Requests for written statements from the employee's health care provider will be made prior to the employee's return to work. C) Home Visits: 24 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA Employees may choose to permit home visits by the Employer. In the event that home visits are requested by the employer and denied by the employee, the sick leave usage may be denied as unverifiable. D) Designated Medical Examinations: The Employee must permit medical examinations as designated by the City, at the expense of the City. Scheduling of these medical examinations will be at the mutual convenience of the City and the employee. 20.7 Enforcement of Sick Leave Provisions: A) Failure to Comply: Any failure to comply with the provisions of Article 20 - Sick Leave, Section 20.6 -- Requirements.for Paid Sick Leave Usage, hereinabove, 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) Disciplinary Action: 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, including suspension or discharge. C) Review, Investigation, Disciplinary Action: It shall be the responsibility of the Department Head or his/her designee to do the following: 1) Review all sick leave or other paid leave taken in lieu of sick leave and approve that which is bonafide and complies with the provisions of this section and forward approved time cards to the Payroll Officer. 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 his/her signature on 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. 20.8 Sick Leave Exchange: Up to 719 Hours: 25 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA A) Employees who have accrued up to 719 hours of sick leave may exchange sick leave as follows: 1) Additional Vacation Days: Employees who have accrued up to 719 hours of sick leave hours may exchange sick leave hours for vacation days in accordance with Yakima Municipal Code 2.40.030 E -C. 2) Upon Retirement/Death: Upon retirement or death, the employee's accrued sick leave up to and including 719 hours will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 2001, maximum payment shall be $6,250. Effective January 1, 2008, maximum payment shall be $7,500. 3) Upon Termination: Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to and including 719 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 beginning January 1, 2001, maximum payment shall be $6,250. Effective January 1, 2008, maximum payment shall be $7,500. 20.9 Sick Leave Exchanged: 720 Hours or More: A) Employees who have accrued 720 or more hours of sick leave may exchange sick leave for additional vacation days or for pay subject to the following provisions: 1) Upon Retirement/Death: Upon retirement or death, the employee's accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 100% of the employee's current base pay. Effective January 1, 2001, maximum payment shall be $12,500. Effective January 1, 2008, maximum payment shall be $15,000. Effective January 1, 2009, maximum payment shall be $16,500. 2) Upon Termination: Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of 720 hours will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 2001, maximum payment shall be $6,250. Effective January 1, 2008, maximum payment shall be $7,500. 3) Additional Vacation Days: Employees who have accrued 720 or more hours 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 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. 26 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 20.10 Sick Leave Exchange Procedure: A) Any permanent employee may exchange accrued sick leave as provided in Article 20 - Sick Leave, Sections 20.8 or 20.9 hereinabove, 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 Finance Director, or his/her designee. All requests shall be in writing and shall be signed by the employee making the request. 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, or his/her designee. 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. Upon receipt of a written request to the Human Resources Division by the Employee, the City shall explain the Employee's exchange options. 20.11 Sick Leave Pool: Effective January 1, 2001, the three (3) days unpaid leave waiting period shall be eliminated for an employee to be eligible for the sick leave pool, as per the City of Yakima Municipal Code provision in 2.40.120 Shared Leave -- AFSCME Employees, #6, and in this agreement per Article 4 - Code Provision 6. ARTICLE 21 - LAYOFF In the event that it becomes necessary to amend the layoff procedure in the Charter Civil Service Rules, the City and the Union shall cooperate to develop layoff procedures which shall be mutually acceptable for submission to the Yakima Charter Civil Service Commission. ARTICLE 22 - VACATION LEAVE 22.1 Vacation Leave Accrual: Employees shall be granted annual vacation pursuant to the following conditions: A) All full-time employees shall accrue vacation with pay as follows: Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 27 YEARS OF SERVICE ACCRUAL RATE 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 16.00 hours per month (192 hours per year) B) These accruals shall be prorated on actual hours worked for permanent, permanent part-time, and permanent seasonal employees. 22.2 Capped Vacation Accruals: Employees shall be allowed to accrue a total amount of vacation time equal to the amount which can be earned in two (2) years. 22.3 Illness During Vacation Leave: Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article 20, Section 20.2, Paragraph B, provided the following conditions are met: 1. Immediately upon becoming ill, the employee notifies the Division Manager; and 2. Upon returning to work, the employee presents to the Division Manager a certificate from a health care provider stating the date and nature of the illness and the length of the incapacity. 22.4 Vacation Leave Use: Effective June 1, 2005, vacation leave cannot be used during the month of accrual. 28 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA ARTICLE 23 - HOLIDAYS 23.1 Paid Holidays Recognized: 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 4 Labor Day 1st Monday in September Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas Day December 25 23.2 Personal Holiday: Employees have the availability of one (1) personal holiday per year. 23.3 Personal Holiday Taken: The personal holiday may be taken 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. B) The employee has given not less than 14 calendar days of written notice to the Division Manager, provided, however, the employee and the Division Manager may agree on an earlier day. C) The Division Manager has approved the day. D) The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department, 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. 29 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 23.4 General Holidays: 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. At the employee's option, the employee may be paid at straight time with the equivalent of one and one-half (1-1/2) days being granted off within ninety (90) days in lieu of the premium holiday pay. 23.5 Weekend - Workers: 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 unless otherwise provided herein. 23.6 Release from Holiday Duty: Requests for release from holiday duty will be acted upon by the Division Manager at least ten (10) days prior to the holiday unless otherwise provided herein. However, management may cancel an approved request if unforeseen events create a staffing vacancy which must be covered, or in case of an emergency. Subsequent to approval of holiday time off, employees may not demand to work the holiday. 23.7 Equivalent Day Off: A) If a holiday falls on an employee's normal day off, an equivalent day off will be granted to the employee to be scheduled within ninety (90) days of the holiday. The employee may express a preference on the equivalent day to take off, however, the ultimate decision will be made by the Division Manager. B) Whatever the employee's scheduled work day period may be, the holiday(s) taken are worth the same number of hours as the employee's regularly scheduled work day. 23.8 Wastewater Division Holidays: Due to the around-the-clock nature of services provided by the Wastewater Division, it is often necessary to assign holiday work shifts to members of the bargaining unit. A) Holiday shifts shall be worked as assigned. In the instances of holiday shifts, relevant staffing levels will be determined by operational circumstances. B) Requests for release from holiday duty shall be submitted to the Wastewater Division Manager as early as possible, but no later than thirty (30) days prior to the holiday. Approval of holiday time off is at the discretion of management, and is dependent upon operational requirements. 30 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 23.9 Refuse Division Holidays: Holidays shall be worked as assigned except as modified herein below. A) In addition to Thanksgiving, Christmas, and New Year's Day, which shall be non- working holidays, employees of the Refuse Division shall not work on any contract holiday when the County landfill is closed. 1) Provided, however, that when those holidays fall within the work week, uncollected refuse on those days will be collected on a weekend or other alternate day to be set by the Division Manager. 2) Employees working the alternate day will be paid at the overtime rate for all hours over 40. 23.10 Police Department Holidays: Due to the critical nature of the public safety services provided by the Police Department, the following provisions apply to members of the bargaining unit assigned to all Police Divisions, in lieu of and notwithstanding any other provision of this contract to the contrary: A) Holiday shifts shall be worked as assigned. Relevant staffing levels will be determined by the Department in accordance with operational requirements. B) Requests for release from holiday duty shall be submitted to the employee's supervisor at least thirty (30) calendar days prior to the holiday. C) Time off shall be granted in order of first come / first serve within a squad or work unit. If there is a conflict, seniority prevails. D) In lieu of overtime payment for holidays worked, employees of the Police Department receive a bank of eighty-eight (88) hours of holiday time on January 1 of each calendar year which they may use at their discretion, subject to the supervisor approving the time off E) If a holiday occurs on a day the employee is not scheduled to work, no time is deducted from the employee's in -lieu holiday bank. F) If a holiday occurs on a day the employee is scheduled to work, but the employee requests and is granted the day off, the time is deducted from the employee's in -lieu holiday bank. G) All in -lieu holiday hours must be taken during the calendar year of entitlement. 31 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA H) An employee who uses up their 88 hours of holidays and leaves the Depailment before December 31 shall have 8 hours removed from their earned leave account or final pay for each holiday remaining in the calendar year. ARTICLE 24 - WORK DAY / WORK WEEK PROVISIONS 24.1 Work Day, Work Week: Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below. Employees' schedules will conform to the provisions of this CBA unless specifically modified by an Addendum to this contract. 24.2 Permanent Full -Time and Permanent Seasonal Employees: The following provisions apply to Permanent Full -Time and Permanent Seasonal Employees, unless otherwise provided herein: A) Work Day: Employees will be scheduled to work a day of eight (8), nine (9), ten (10) or twelve (12) consecutive hours within a 24 hour period. At the discretion of Management, the appropriate option(s) will be selected. B) Work Week: 1) The work week may consist of five (5) consecutive eight (8) hour days with two (2) consecutive days off; 2) The work week may consist of four (4) consecutive ten (10) hour days with three (3) consecutive days off; 3) The work week may consist of five (5) consecutive nine (9) hour days, with two (2) consecutive days off, alternating with three (3) consecutive nine (9) hour days and one (1) eight (8) hour day followed by three (3) consecutive days off. C) Regular Hours: The City shall establish each work schedule which shall provide for regular starting and quitting times for each work day, and shall provide for the work week to begin and end on regularly established days of the week. D) Meal Periods: 32 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA The work day will provide for at least one 30 minute unpaid meal period to be scheduled as near mid -shift as possible. If an employee works 2 hours or more beyond a normal work day, the City shall grant the employee at least one additional 30 minute unpaid meal period prior to or during the overtime period. The City shall grant 30 unpaid minutes to eat every 4 hours thereafter while the employee continues to work. E) Rest Periods: The City shall provide employees with a 15 minute rest period for each one-half (1/2) shift provided the scheduled half shift exceeds a period of three (3) hours. The City shall establish when the rest period shall be scheduled and rest periods will be scheduled as near the middle of each half shift as reasonably possible. 24.3 Permanent Part -Time Employees: The following provisions apply to Permanent Part -Time Employees unless otherwise provided herein: A) Schedules: Permanent part-time employees will be assigned to schedules which may consist of a part-time work day, a part-time work week or a combination thereof. Whenever possible, permanent part-time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. However, permanent part-time employees may be assigned work to fill-in while permanent full-time employees are absent due to vacation, illness, or. other cause that may preclude the assignment of a specific work schedule for that time period. B) Work Day: Permanent part-time employees may be assigned to a work day of eight (8) hours or less and scheduled for consecutive hours of work. C) Work Week: Permanent part-time employees' work week may be scheduled for consecutive or non- consecutive days. For example: an employee may be scheduled to work on Monday, Wednesday and Friday; or, an employee may work Monday, Tuesday, Wednesday and Thursday. Work weeks shall be scheduled to meet the needs of the division/department. D) Regular Hours: Permanent part-time employees will be scheduled to a work day with regular starting and ending times. E) Meal Periods: Permanent part-time employees will be entitled to at least one 30 minute unpaid meal period after four (4) hours of work. Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 33 F) Rest Periods: Permanent part-time employees will be provided a 15 minute paid rest period for each continuous four (4) hour period the employee works, provided that no permanent part- time employee shall be required to work more than 3 hours without a rest period. The City shall establish when the rest period shall be scheduled and rest periods will be scheduled as near the middle of each half shift as reasonably possible. 24.4 On -Call Employees: On-call employees will not be scheduled to work 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 called out. 24.5 Minimum and Maximum Shift: No employee will be scheduled to a regular shift of less than four (4) consecutive hours. No employee shall be scheduled to a regular shift of greater than 12 consecutive hours. A) Minimum Exception: The Parks and Recreation Division may in fact have the need to schedule pieces of regular shifts in segments less than four (4) consecutive hours due to the nature of classes, activities, and seasons. 24.6 Work Schedule Changes: A) Any overall, long-term change in work schedules will be discussed between the City and the Union prior to implementation. The City shall provide written notice to the Union and the employees outlining work schedule changes. The City may change the regular starting and quitting times and the days worked in a week with ten (10) working day notice prior to the effective date of the new schedule. The ten (10) work day notice may be waived upon written mutual agreement between Management and the affected employees and AFSCME Local 1122. B) Although reasonable warning will be given whenever possible, the ten (10) 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. C) Other than the reasons cited hereinabove, 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. 24.7 Emergency Situations: 34 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA A) The City shall determine when an emergency situation exists. B) An emergency is a sudden, unexpected event which creates a situation endangering the public or employee's health and/or safety. C) 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. D) However, management will endeavor to preserve employee work schedules whenever possible. 24.8 Parks and Recreation: Employees of the Parks and Recreation Division may be scheduled for split work days and split work weeks when necessary. All work schedules shall have established starting and quitting times for each day, shift or shift part. 24.9 Water Treatment Plant: A) Water Treatment Plant Chief Operators hired before January 1, 1996, at the City's Water Treatment Plant will rotate every twenty-eight (28) days from days to nights and nights to days, as applicable. B) Water Treatment Plant Chief Operators hired after January 1, 1996, will work a straight night shift schedule (limited to 2 operators). The relief operator responsibilities will rotate every three (3) months. C) All of the Water Treatment Plant Chief Operators, including the night operator(s), will work the relief rotation. As the rotating shift schedule progresses into a shift partnership with the straight night shift operator, the operators hired before January 1, 1996 will work day shift. The work week begins 6:00 a.m. each Sunday. D) Employees hired before January 1, 2005, will continue to be given the choice of being either salaried or hourly. 1) Salaried employees will earn nine (9) hours of compensatory time (six hours at time and one-half) during their 46 -hour workweek, which shall be taken as nine (9) hours of compensatory time during their thirty-one (31) hour workweek. 2) Hourly employees will be paid overtime for six (6) overtime hours worked in the 46 -hour workweek. The next week they will be paid for thirty-one (31) scheduled hours worked. 35 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA E) Employees hired after December 31, 2004, will be hourly and will be paid overtime for six (6) hours overtime hours worked in the 46 -hour workweek. The next week they will be paid for thirty-one (31) scheduled hours worked. 24.10 Police Department Work Day, Meal and Rest Periods: The following provisions apply to members of the bargaining unit assigned to the Police Department in lieu of and notwithstanding any other provision of this contract to the contrary: A) The work day for Police Department employees shall be either eight (8), ten (10), or twelve (12) hours within a twenty-four (24) hour period, at the discretion of management. B) Due to the critical public -safety nature of the services performed by Police Department employees, it is occasionally not possible to relieve employees from their work stations for meal and rest periods. C) The length of the meal period for corrections officers in the Police Department shall be 40 minutes. Given the unique nature of duties performed by corrections officers, their meal period shall be paid. D) Effective June 1, 2005, the length of the meal period for service employees in the Police Depaitment shall be 30 minutes. The meal period for service employees in the Police Department shall be paid. ARTICLE 25 - OVERTIME AND COMPENSATORY TIME 25.1 Overtime Pay: 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. 25.2 Compensatory Time: Compensatory time off at the time and one-half (1-1/2) rate in lieu of overtime pay may be requested by the affected employee. In that event, 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. 25.3 Compensatory Time Accrual: 36 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 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. 25.4 Mandatory Training Time/Overtime: Time spent by an employee beyond the normal working day for training classes required by the Division Manager shall be paid at the overtime rate of time and one-half (1-1/2) times the employee's regular rate of pay, or compensatory time earned at one and one- half (1-1/2) times the employee's regular rate of pay. 25.5 Travel Time: Travel time for City business during regular working hours shall be considered compensable if approved in advance. Travel time outside of regular business .hours on City business shall be compensable time if the intended travel is required by the Division Manager. If traveling by car outside of regular business hours for training not required but approved by the Division Manager, only the driver shall be compensated for travel time. 25.6 City Provided Meals: In the event an 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 provided by the City. ARTICLE 26 - BILINGUAL SPECIAL PAY Employees who have Spanish bilingual capacity shall receive Sixty Dollars ($60.00) per month for their work in that capacity subject to prior written approval from their respective Department Head and subject to achieving a passing score on the bilingual skills examination conducted under the Charter Civil Service Rules and Regulations and administered by the Civil Service Chief Examiner. The Chief Examiner may waive this testing requirement if the employee can demonstrate to the satisfaction of the Chief Examiner, through documentation (i.e. court interpreter certification from the State of Washington) that the employee has sufficient bilingual skills in the Spanish language. ARTICLE 27 - CALL OUT PAY Employees who are called back to work after completing their regular shift or who are called to work on a day off shall be paid a minimum of two (2) hours pay at the time and one-half rate for all time worked up to two (2) hours. Any time worked in excess of two (2) hours shall be paid at the time and one half rate. This Article shall apply to all bargaining unit members, including employees in the Police Department subpoenaed to testify in their official capacity. 37 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA For example: 30 minutes call out = 2 hours at 11/2 4 hours call out = minimum of 2 hours at 11/2 plus 2 additional hours at 1'/2 ARTICLE 28 - STANDBY PAY 28.1 Standby Availability: 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 his/her supervisor in writing by the end of the previous shift of an exchange with another employee for assigned standby. 28.2 Standby Pay: Effective January 1, 2003, compensation for assigned standby time will be One Dollar and Fifty Cents ($1.50) per hour. Effective January 1, 2005, compensation for assigned standby time will increase to One Dollar and Seventy -Five Cents ($1.75) per hour. Effective January 1, 2006, compensation for assigned standby time will increase to Two Dollars ($2.00) per hour. 28.3 Maintenance of Physical and Mental Capacity 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 29 - SHIFT DIFFERENTIAL 29.1 Differential Pay for Alternate Shifts: For employees who work a regularly scheduled shift where all or part of the shift hours fall between 6:00 p.m. and 6:00 a.m., an additional four percent (4%) 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 be entitled to full or pro -rated payment under this article. ARTICLE 30 — FIELD TRAINING OFFICER PAY 38 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA 30.1 Effective January 1, 2005, corrections officers assigned to train newly hired corrections officers and actually engaged in the same shall receive Field Training Officer (FTO) Pay equal to Five Percent (5%) of their normal rate of pay per hour for time spent engaged in the same. Officers assigned such duty for periods of less than forty (40) hours during the pay period shall not be eligible for FTO pay. The City retains the exclusive right to select Field Training Officers and determine the duration of assignment. ARTICLE 31— SPECIAL ASSIGNMENT PAY 31.1 Pursuant to Yakima Municipal Code 2.20.088, when a salaried permanent employee represented by AFSCME Local 1122 works for one hour or longer in a higher classification and in a different classification series from which the employee is regularly employed and performs substantially all of the duties of such higher classification and is not actually receiving supervised training for such position, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the employee's pay in the lower classification for all such hours consecutively worked in the higher classification. 31.2 Pursuant to Yakima Municipal Code 2.20.088, when a salaried permanent employee represented by AFSCME Local 1122 works four consecutive hours or longer in a higher classification in the same classification series in which the employee is regularly employed and performs substantially all of the duties of such higher classification and is not actually receiving supervised training for such position, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the employee's pay in the lower classification for all such hours consecutively worked in the higher classification. ARTICLE 32 - LICENSING AND LICENSING RENEWALS 32.1 Licensing and Licensing Renewals: Except for a basic Washington State driver's license, the City of Yakima will pay initial and all required renewal fees for any license/certificate required by the City. after becoming a permanent employee to hold any given position as a condition of employment. If licenses are initial conditions of employment, the prospective employee will be required to pay for such licenses before becoming a permanent employee. 32.2 Changes of Status: Employees shall immediately report to their supervisor any change in status, expiration, or loss of any required license or certificate, including but not limited to Medical Examiner's Certificates. 32.3 Employee -Caused Licensing Reinstatements: 39 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA Failure to maintain required license/certificates may lead to a change in employment status. Employee -caused license/certificate reinstatement costs shall be born by that employee. ARTICLE 33 - PERMANENT PART-TIME EMPLOYEES, ON-CALL EMPLOYEES, AND PERMANENT SEASONAL EMPLOYEES 33.1 Permanent Part -Time Employee On Call/Call Out: A) Permanent part-time employees may work on an "on-call" basis and may be asked to report daily to their duty station to determine if their services are needed for that work day. 1) Such employee will receive compensation only if their services are needed. 33.2 Required Residential Phones: 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. 33.3 Earned Leave in Lieu of Work: If called to report for work in their assigned job classification, permanent part-time, on- call, or seasonal employees shall report to work or utilize vacation, sick leave, or other earned time off in accordance with the provisions of this CBA. 33.4 Overtime/Permanent Part -Time: Permanent part-time employees will be eligible to receive overtime payments in accordance with Article 24 only if they work more than forty (40) hours in any work week. No overtime compensation will be paid if such employee exceeds the regularly scheduled workday unless such work causes the employee to work more than forty (40) hours in the work week. 33.5 Call Out Pay for Permanent Part -Time, On Call, and Seasonal Employees: The provisions of Article 27 -Call Out Pay, shall not apply to permanent part-time, or on- call employees. 33.6 Actual Percentage of Time Worked: 40 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA A) Permanent part-time employees shall accrue all earned benefits including, but not limited to: vacation leave, sick leave, and longevity. B) Permanent part-time employees shall be compensated for all earned benefits at the accrual rate prescribed in this CBA prorated to reflect the actual percentage of time worked. C) Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates. ARTICLE 34 - TEMPORARY EMPLOYEES 34.1 Temporary Employees: In the event the City deems it necessary to employ temporary employees, the following shall apply: A) The City shall regulate and administer the procedures and standards for hiring temporary employees. B) Temporary employees shall not be allowed to work more than 866 hours in a calendar year. C) The City shall provide a temporary employees report, on a quarterly basis, for AFSCME .Local 1122 reflecting Hire Dates and Termination Dates by Division and/or Department. 34.2 The City and the Union agree to establish a Labor Management Task Force to study temporary hiring practices in the City and negotiate in good faith possible changes. ARTICLE 35 - ENTIRE COLLECTIVELY BARGAINED AGREEMENT: [CBA] 35.1 Entire CBA: This CBA 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 CBA or applicable Charter 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 CBA. 35.2 Process: A) 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. They 41 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA further agree that all said proposals have been negotiated during the negotiations leading to this CBA. B) The parties further agree that negotiations will not be reopened on any item during the life of this CBA except by the mutual consent or as provided in Article 10 - Labor/Management Committee. ARTICLE 36 - SAVINGS CLAUSE 36.1 Applicable Laws: It is understood and agreed that all provisions of this CBA are subject to applicable laws, and if any provision of any Article of this CBA 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 CBA. 36.2 ADA/FMLA Compliance: Notwithstanding any other provisions of this CBA the parties may take all actions reasonable to comply, with the Americans with Disability Act and the Family Medical Leave Act. 36.3 Mandated Changes: If the Washington State Health Services Act of 1993 or Federal Health Care legislation mandates changes to the Health Care Article of this CBA, then the parties agree to negotiate about those mandated changes. ARTICLE 37 - TERMINATION This CBA shall be deemed effective from and after the 1st day of January 2007 and shall terminate on December 31, 2009 provided, however, that this CBA 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. The parties agree that for the calendar year 2007, this CBA supersedes the 2005-2007 CBA authorized by Yakima City Council Resolution R-2005-59. The parties agree that the 2005-2007 CBA is hereby declared terminated and of no further force and effect, and that such termination shall be retroactive to and effective on January 1, 2007. 42 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA EXECUTION FOR UNION: arrington, Staff Representative Council 2, WSCCCE Y , - tte Lewis, Presi s ent Local 1122 Bargaining Team FOR THE CITY OF YAKIMA Dick Zais, City Manager ave Zabell, Asst. City Mana James Dean, Sheryl S1 th Local 1122 Bargaining Team Human ' esources Manager Mary Local Bargaining Team 2 e4,4 Michael Haider,✓ Local 1122 Bargaining Team Local 1122 Bargaining Team Local 1122 Bargaining Team Dave Williams, Local 1122 Bargaining Team 43 Local 1122 - City of Yakima Municipal Employees 2007-2009 CBA QJ,) Chris Wick, Director Department of Public Work Denise Nichols, Manager Parks and Recreation Division Doug Maples Code Administration and Planning Manager Rod Light, Captain Yakima Police Department CITY CONTRAC f NO RESOLUTION NO: ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2' For Meeting Of 5/15/07 (a) Consideration of a Resolution authorizing the execution the 2007-2009 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire PERS and Public Safety Communications) and (b) Consideration of a Resolution authorizing the execution of the 2007-2009 Collective Bargaining Agreement Between the city of Yakima and AFSCME Municipal, Local 469 SUBMITTED BY: Dick Zais, City Manager; Dave Zabell, Assistant City Manager; and Sheryl M Smith, Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090 SUMMARY EXPLANATION: 1. Fire PERS and Public Safety Communications. The attached resolution authorizes two, three year Agreements with the IAFF, Local 469 for the Fire PERS and Public Safety Communications bargaining units These contracts represent the result of several months of negotiations between the parties. The 2007-2009 economic settlement packages are outlined below Furthermore, it is significant to note that these two bargaining units have agreed to a wage freeze for 2007 and random drug testing of certain specific job classification within their membership. •Terms: A three year agreement effective 1/1/07-12/31/09. •Wages: (a) Effective 1/1/07: 0% wage adjustment; the base wages in effect 12/31/06 will remain in effect through 12/31/07. (b) Effective 1/1/08: Increase base wages by 100% of the average of the West Coast Cities CPI -W and Seattle CPI -W, June to June with a minimum of 2.0% and maximum of 4 0% (c) Effective 7/1/08: Implement an "F" step in the pay range, which is approximately 5.0% above "E" step To be eligible for "F" step, employees must have served a minimum of one year at "E" step by 7/1/08. After 7/1/08, employees having served one year in step "E" of their permanently assigned grade would be eligible to advance to the new "F" step on their anniversary date. (d) Effective 1/1/09: Increase base wages by 100% of the average of the West Coast Cities CPI -W and Seattle CPI -W, June to June with a minimum of 2 0% and maximum of 4.0% (e) Effective 7/1/09: Increase base wages by 1.0%. •Continued on page 2. •Premium Pays: Effective 1/1/08: (a) Establish a Spanish bilingual oral skills premium pay at $75.00 per month subject to achieving a passing score on the bilingual skills examination conducted under the Fire Civil Services Rules and Regulation and administered by the Civil Service chief Examiner. The Fire chief may waive this testing requirement if the employee can demonstrate to the satisfaction of the Fire chief, through documentation or otherwise (i e court interpreter certification from the State of Washington), that the employee has sufficient bilingual skills in the Spanish language. (b) Increase Trainer premium pay to $60 00 per month. (c) Establish a MSAG/GEO File Technician premium pay at $40.00 per month. Effective 1/1/09: (a) Increase premium pays by 5 0%/month and maintain flat dollar premium pay compensation (e g Increase Trainer Pay from $60/mo to $63/mo). •Health Insurance: (a) Effective 1/1/07, maintain the 2006 employee premium rate contribution rate for the duration of the agreement. •Sick Leave Accrual: (a) Effective 1/1/08: Bargaining unit members whose normally assigned shift is twelve (12) hours shall accrue ten (10) hours of sick leave per month According to the City's calculations, the estimated tentative economic agreement cost is 12.26% or $237,443 over three years for both bargaining units. Again, these settlements reflect a wage freeze for 2007 for both bargaining units. 2. AFSCME Municipal. The attached resolution authorizes a three year Agreement with the AFSCME Municipal, Local 469 bargaining unit. This contract represents the result of several months of negotiations between the parties The 2007-2009 economic settlement package is outlined below. Furthermore, it is significant to note that this bargaining unit has agreed to a wage freeze for 2007 •Terms: The parties jointly agreed to terminate the 2005-2007 collective bargaining agreement effective 12/31/06 and to bargain a successor three year agreement to be effective 1/1/07- 12/31/09 •Wages: (a) Effective 1/1/07, 0% wage adjustment; the base wages in effect 12/31/06 will remain in effect through 12/31/07 (b) Effective 1/1/08, increase the base wages in effect 12/31/07 by 3.0%. (c) Effective 1/1/09, increase the base wages in effect 12/31/08 by a percentage equal to 100% of the average of the US Cities CPI -W and the Seattle CPI -W, June 2007 -June 2008 with a minimum of 2.5% minimum and a 3 5% maximum. •Health Insurance: (a) Health Insurance Benefits — Permanent Seasonals - effective 1/1/07, allow permanent seasonal employees the election to utilize 40 hours of accrued compensatory time and accrued vacation (compensatory time first supplemented by vacation leave), to •Continued on page 3• remain in a pay status into the first month of their seasonal layoff to qualify for health benefits. For the remaining months of seasonal layoff, the employee can self pay 100% of the combined employer and employee premiums (b) Medical Premiums, effective 1/1/07, maintain the 2006 premium rate contributions For 2008 and 2009, maintain the current contract formula for premium cost sharing •Deferred Compensation: (a) Effective 1/1/08, implement a 1.0% monthly employer contribution to deferred compensation program. Employees will be required to contribute a minimum of 1 0% monthly to the program. (b) Effective 1/1/09, increase the monthly employer contribution to deferred 1.0% for a total of 2 0%. Employees will be required to contribute a monthly to the program. (c) Effective 7/1/09, increase the monthly employer contribution to deferred 1.0% for a total of 3 0% Employees will be required to contribute a monthly to the program. •Sick Leave Exchange: compensation by minimum of 2 0% compensation by minimum of 3.0% (a) Effective 1/1/08, (a) for employees with 719 hours or less of sick leave, the maximum payout will increase from $6,250 to $7,500 for retirement, death or termination and (b) for employees with 720 hours or more of sick leave, the maximum payout will increase from $12,500 to $15,000 for retirement, death or termination (b) Effective 1/1/09, for employees with 720 hours or more of sick leave, the maximum payout will increase from $15,000 to $16,500 for retirement, death or termination According to the City's calculations, the estimated financial impact of the 2007-2009 settlement is approximately $1,554,488 or an average increase of 3 03 annually over the term of the contract. Again, this settlement includes a wage freeze for 2007 Resolution X Ordinance Other (Specify) Contract X Mail to (name and address) Funding Source All affected department operations budgets APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Adopt Resolutions Authorizing the Execution of the Fire PERS, Public Safety Communications and AFSCME Municipal Collective Bargaining Agreements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: A) & B) Resolution adopted. RESOLUTION R-2007-74 C) Resolution adopted. RESOLUTION R22007-75 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made by and between the City of Yakima, Washington, and the American Federation of State, County, and Municipal Employees Local 1122 General. WHEREAS, the City of Yakima ("City" herein) is a charter city of the first class of the State of Washington and is the employer of all members of AFSCME Local 1122 General ("AFSCME" herein). WHEREAS, AFSCME is the exclusive bargaining representative of employees in the Services Division of the Yakima Police Department. WHEREAS, the Police Department intends to make certain changes to the operating hours of the Services Division on or about December 10, 2007, which AFSCME supports. WHEREAS, the City desires to memorialize this matter in the form of an MOU as a gesture of good faith and in exchange for AFSCME's waiving of certain contract time limits. NOW, THEREFORE, it is agreed by and between the City and AFSCME as follows: On or about December 10, 2007, the Police Services Division will change its general hours of operation to 8 a.m. to 8 p.m. The Division will implement two shifts per day, the first from 8 a.m. to 4 p.m. and the second from 12 p.m. to 8 p.m. Individual employees may still be assigned to hours outside 8 a.m. to 8 p.m. for operational reasons and with proper notice. These changes will remain in effect until the City determines whether to keep the new -schedule or revert to full staffing and remaining open later than 8 p.m. The City promises to- discuss its intentions with AFSCME in advance of any future reversion to the later schedule. However, the City retains its right to decide the Division's hours of operation and to change schedules with proper notice. In exchange for the City's promises contained herein, AFSCME agrees to waive the 14 -day notice requirement of Article 8.5 as it applies to the changes to be made on or about December 10, 2007. This MOU is an exclusive agreement unique in nature. It does not establish a precedent between the parties. Executed this (v day ofD'ece e - 2007. James Dean President, AFSCME Local 1122 e Lewis, Staff Representative FSCME Local 1122 R. A. Zais, .. City Manager amuel Granato Police Chief CITY CONTRAC r NO: g007-46 RESOLUTION NO: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND MEMBERS OF AFSCME LOCAL 1122 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Council 2, Washington State Council of County and City Employees representing Local 1122 American Federation of State County and Municipal Employees representing General City of Yakima employees, AFL-CIO ("Union") and the City of Yakima, a Washington municipal corporation ("City"). This MOU memorializes the agreements between the City and the Union regarding the issues described below, and the parties acknowledge that these issues have been negotiated in accordance with RCW 41.56. The City and Unionagree that the provisions, as set forth in this MOU, supersede any conflicting provisions in the Collective Bargaining Agreement (CBA) covering the period January 1, 2007 to December 31, 2009. WHEREAS, the City is experiencing financial distress as a result of the Statewide and local economic recession requiring expenditure reductions: and WHEREAS, the City and Union agree that under Washington State law, the expired Collective Bargaining Agreement remains in effect and the status quo is maintained in such situations: and WHEREAS, the City and the Union share a desire to address the City's financial situation, preserve essential services, maintain workforce skill levels; and reduce or eliminate the need for reductions in force for 2010; and WHEREAS, the parties have agreed to memorialize their agreement on this issue in the form of this MOU. NOW, THEREFORE, it is agreed by and between the City and the Union as follows: 1. Impacted Union employees are identified in Exhibit A. 2. Those impacted Union employees identified in Exhibit A and who work forty hours in a one week pay period shall take between 40 and 56 hours of unpaid furlough time in full shift increments, to the extent that they are regularly scheduled to work those days. Employees who` regularly work less than forty hours in a one week pay period will be furloughed on a pro -rata basis. Deviation from full shift increments may occur subject to mutual agreement between the employee and employer. 3. The City shall inform the Union no later than August 1, 2010 of the actual number of furlough hours (40 hrs or 56 hrs) that will be required. 4. Furlough days shall be scheduled with supervisory approval by August 1, 2010 to be implemented at a later date(s). Employees failing to schedule furlough days by August 1, 2010 shall have such days scheduled on their behalf by the employer. 5. The Parties agree it is in their mutual interest to allow for maximum flexibility in meeting the economic objectives of this agreement. As such, the City will evaluate and consider proposals brought forward by the Union involving alternative furlough scenarios within a specific workgroup or logical subdivision of the workforce that provide a similar economic result. 6. The City policy requirement to work prior to and after a holiday provision to ensure payment for that holiday are waived for the period covered by this agreement. 7. Vacation, sick leave, and other fixed benefit accruals will remain unaffected by furlough days. 8. Those employees possessing the maximum allowable vacation leave accrual upon the effective date of this agreement shall not lose subsequent accruals as a result of this agreement. In the event such an employee impacted by the agreement exceeds said accrual limit, the employee and employer shall discuss and agree upon a reasonable plan to attain compliance. 9. Furlough days shall not count as a break in service and shall not affect seniority for step advancement. 10. Impacted employees may not perform City work while on furlough, nor work additional hours during the workweek to make-up for any unpaid time (including e-mail use). 11. In the event one or more positions within a classification and within the same workgroup are exempt from the impacts of the furlough due to funding from outside the general fund, the most senior employee(s) within the classification and workgroup, capable of performing the duties of the exempt position, shall assume those duties and be exempt from the furlough. 12. In the event of an emergency or call-back to work on a furlough day, pay will be at the standard rate according to the normal work schedule. Overtime earned will be as per applicable CBA provision(s). In the event an employee is called back or otherwise required to work on a furlough day, said furlough day obligation shall be considered as fulfilled. 13. Furlough hours shall be considered as hours worked within the workweek in the calculation of overtime. 14. Temporary employees shall not backfill furloughed Union employees. 15.The City shall provide to the Union a report, on a monthly basis, of all furlough time taken by all identified furloughed employees within the City. 16. Upon request of either party, the parties shall meet to confer on the provisions of this agreement in developing the 2011 annual City budget. 17. The City reserves the right to re -open the provisions of this agreement if actual savings are not realized or if the financial situation worsens. 18. The Union reserves the right to re -open the provisions of this agreement in the event the financial situation improves such that the General Fund deficit is eliminated. 19. The parties acknowledge that their obligations to engage in collective bargaining over the provisions of this agreement are fulfilled. 20.This agreement is effective through December 31, 2010, when the concessions stated herein are reinstated to AFSCME absent prior mutual agreement. THIS MOU is executed by the parties this day of 2010. CITY OF YAKIMA /City Manager AFSCME LOCAL 1122 Gary Hill President Y �' to Lewis S aff Representative Page 1 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total 012 -City Manager 1110 City Manager 1 1311 Executive Secretary 1 1130 Assistant City Manager 1 10506 Executive Assistant 1 Dept Total 4 4 014 -City Clerk/Records 1234 City Clerk 7161 Public Records Officer 10502 Deputy City Clerk 7123 Department Assistant III Dept Total 1 1 1 1 2 2 4 015 -Finance 1140 Finance Director 1 1243 Deputy Director of Accounting & Budg. 1 2316 Financial Services Specialist 4 10302 Accountant 3 10301 Payroll Officer .1 10305 Financial Services Technician Payroll 2 10520 Finance Department Assistant 1 10304 Treasury Services Officer, 1 10303 Financial Services Officer 1 Dept Total 11 4 15 016 - Human Resources 1231 Human Resources Manager 1 10101 Deputy Human Resources Mgr 1 10102 Chief Examiner 1 10103 Human Resources Specialist 4 10104 Human Resources Assistant 1 Dept Total 8 8 017 - Legal (Civil) 1120 City Attorney 1 1321 Sr Assist City Attorney II 1 1322 Sr Assist City Attorney I 1 1323 Assistant Attorney II 1 10512 Legal Assistant I 1 10511 Legal Assistant II 3 10510 Legal Assistant III 1 Dept Total 9 9 CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls Page 2 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total 019 - Purchasing 1232 City/Co Procurement Mgr 1 11805 Senior Buyer 1 2234 Buyer II 1 2231 Buyer I 1 2233 Purchasing Assistant 1 Dept Total 2 3 5 021- Planning 1150 Director -Community & Econ. Develop. 1 1254 Planning Manager 1 11201 Supervising Planner 1 3321 Associate Planner 1 3311 Assistant Planner 3 11601 CED Office Administrator 1 3312 Planning Technician 1 Dept Total 4 5 9 022 -Code Administration 11251 Supervising Code Inspector 1 11602 Code Inspections Office Supervisor 1 4420 Fire Code Inspector 1 4421 Code Inspector 4 4315 Plans Examiner II Commercial 2 4310 Plan Examiner I Residential 1 4419 Code Compliance Officer 2 4441 Permit Technician 2 6510 Animal Control Officer 2 Dept Total 2 14 16 CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls Page 3 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total 031- Police 1190 Police Chief 1 1281 Deputy Police Chief 1 11740 Crime & Intelligence Analyst Super. 1 6610 Parking Enforcement Officer 1 11710 Police Services Supervisor * 2 6252 Police Services Specialist I 16 6253 Police Services Specialist II 4 1434 Case Specialist 1 13601 Building Superintendent 1 11701 Police Administrative Assistant 1 6235 Corrections Administrative Specialist 1 8205 YPD Fleet Specialist 1 6212 Assistant Evidence Technician 1 11730 Forensic Supervisor * 1 8541 Building Maintenance Specialist 1 Dept Total 9 25 34 032 - Fire 1180 Fire Chief 1 6380 Deputy Fire Chief * 2 16101 Fire Administrative Assistant 1 6441 Secretary II 1 8230 Maintenance Mechanic 1 Dept Total 4 0 2 6 041 -Engineering 1271 City Engineer 1 11104 Senior Engineer 1 11101 Construction Supervisor 1 11107 Chief Engineer 1 3120 Design Engineer 2 3130 Development Engineer 1 4141 Construction Inspector 2 10601 Engineering Contracts Specialist 1 8701 Street Inspector 1 Dept Total 5 6 11 051- City Hall Maintenance 13601 Building Superintendent 1 1 CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls Page 4 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total 052 - Information Systems 11901 Supervising Senior Analyst 2 10201 Senior Analyst (E) 1 2111 Lead Application System Designer 1 2112 Network Service Engineer 1 2109 Application Developer 2 2110 Database Administrator 1 2108 Computer Services Technician 4 2107 Computer Operations Technician 2 2116 Lead Client Services Technician 1 2102 GIS Technician 1 7611 Print Shop Operator 1 Dept Total 3 14 17 131- Parks & Recreation (including Cemetery) 1267 Parks & Recreation Manager 1 13102 Parks Superintendent 1 8818 Park Maintenance Specialist 5 11503 Recreation Supervisor 2 5266 Aquatic Specialist 1 5256 Recreation Activities Coordinator 2 8841 Aquatic Maintenance Technician 1 11501 Recreation Program Supervisor 1 7111 Senior Center Assistant 1 8825 Golf Maintenance Specialist 1 8831 Cemetery Maintenance Technician 1 5235 Recreation Activities Specialist 1 Dept Total 5 13 18 141 - Streets and Traffic Engineering 1261 Street &Traffic Ops Manager 1 11301 Traffic Operations Supervisor 1 8664 Senior Traffic Sign Specialist 1 8663 Traffic Sign Specialist 4 4223 Signal Technician III 1 4222 Signal Technician II 2 4221 Signal Technician I 1 4635 Traffic Signal System Analyst 1 4622 Traffic Technician II 2 13302 Street Maintenance Supervisor 1 8713 Street Maintenance Crew Leader 5 8711 Street Maintenance Specialist 19 Dept Total 3 36 39 CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls Page 5 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total 151- Public Safety Communications 1274 Public Safety Communications Mgr. 1 17101 Public Safety Asst Comm. Mgr 1 18101 Communications Office Assistant 1 4522 Electronics Supervisor 1 4521 Electronics Technician II 1 4520 Electronics Technician I 1 Dept Total 3 3 6 551- Equipment Rental 1263 Fleet Manager 1 12103 Equipment Supervisor 1 7122 Dept Assist II 1 8203 Fleet Maintenance Technician 2 8211 Mechanic I 6 8213 Auto Storekeeper 1 Dept Total 2 10 12 560 - Public Works Administration 1160 Director of Public Works 1 13601 Building Superintendent 1 11603 Public Works Office Assistant 1 2262 Safety & Training Officer 1 7122 Dept Assist II 1 7123 Dept Assist III 2 7124 Dept Assist IV 1 8511 Custodian 1 Dept Total 3 6 9 Grand Total 80 138 5 223 Recently certified by Teamsters --original contracts are being negotiated. CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls Page 6 of 6 City of Yakima 2010 General Government Budget Mid -Year Reductions - Furloughed Positions # in Mgt # in # in Fire Dept. Job Class/Title Groups AFSCME PERS Total Purposed Furlough Hours: 5 -day Furlough (1.92% of annual comp.) Plus: Municipal Court Overtime reduction $285,000 $15,000 Total additional savings for 2010 (meets target) $300,000 (Note: a 6 - Day Furlough (or approx. 2.3% of annual comp.) would save an estimated $342,000 annually) Scope: Excludes: This listing includes all General Government positions (i.e. General, Parks, and Street Funds), with the exclusion of 24 -hr emergency personnel. Also included are the Internal Service funds, such as Public Works Administration and Equipment Rental funds, as General Government contributes for their operations. Cemetery personnel are added into the Parks listing, as this receives an operating subsidy; and the non -24 hr personnel in the Public Safety Communications Fund , as this is partially funded by a transfer of telephone utility tax from General Fund. City Council Municipal Court (No furloughs proposed, but have offered to save $15,000 in overtime by reducing the in -court security presence) Legal -- Prosecution Police -- Officers, Sergeants; Corrections Officers, Sergeants Fire -- Firefighters, Lieutenants, Captains, Battalion Chiefs Utility Service Police -- Captains and Lieutenants (includes 8 positions currently represented by Teamsters. City Mgmt will explore bargaining. A 5 -day furlough approximates $18,000) CJE 5/27/2010 3:34 PM 05-04-10 Agend Item Report - 2010 Furlough ce (2).xls WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME AFL-CIO CHRIS DUGOVICH President/Executive Director 701 N. 1st Street, Suite 102 Yakima, WA 98901 (509) 452-7887 FAX (509) 575-1999 Affiliated with: American Federation of State, County & Municipal Employees Washington State Labor Council MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND AFSCME Municipal LOCAL 1122 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Council 2, Washington State Council of County and City Employees representing Local 1122 American Federation of State County and Municipal Employees representing General City of Yakima employees, AFL-CIO ("Union") and the City of Yakima, a Washington municipal corporation ("City"). This MOU memorializes the agreements between the City and the Union regarding the issues described below, and the parties acknowledge that these issues have been negotiated in accordance with RCW 41.56. The City and Union agree that the provisions as set forth in this MOU supersede any conflicting provisions in the Collective Bargaining Agreement (CBA) covering the period January 1, 2007 to December 31, 2009. WHEREAS, the City has been experiencing financial distress resulting in the layoff of Local 1122 Municipal Employees; and WHEREAS, the City and Union agree that under Washington State law, the expired Collective Bargaining Agreement remains in effect and the status quo is maintained in such situations; and WHEREAS, the City and the Union share a desire to minimize the impact on those employees affected by the layoffs and work to fill vacant positions with those intended for layoff; and WHEREAS, the parties have agreed to memorialize their agreement on this issue in the form of this MOU, NOW, THEREFORE, it is agreed by and between the City and the Union as follows: Everett Office: 3305 Oakes Avenue 0 P.O. Box 750 0 Everett, WA 98206-0750 0 (425) 303-8818 0 FAX (425) 303-8906 0 www.council2.com 1) As a result of the unique circumstances of this layoff situation, the City agrees to waive the civil service rule preventing a probationary employee from applying for and being selected to another civil service position as it pertains to current employee Roy Munoz. 2) The parties acknowledge that their obligations to engage in collective bargaining over the provisions of this agreement are fulfilled. 3) This agreement shall become effective January 1, 2011 and shall expire on December 31, 2011, or in the event Mr. Munoz is selected for a position other than his assignment as of January 1, 2011. THIS MOU is executed by the parties this 30th day of December, 2010. CITY OF YAKIMA AFSCME LOCAL 1122 4q. ,‘6/-/ Zais, J . B„ /A Gary Hill City Manager CITY CONTRACT NO: 20/ B -o 50 RESOLUTION NO: ord ?O/o -0Q/ President Y&fte Lewis Staff Representative MEMORANDUM OF UNDERSTANDING BETWEEN THE • CITY OF YAKIMA AND MEMBERS OF AFSCME Municipal LOCAL 1122 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Council 2, Washington State Council of County and City Employees representing Local 1122 American Federation of State County and Municipal Employees representing General City of Yakima employees, AFL-CIO ("Union") and the City of Yakima, a Washington municipal corporation ("City") This MOU memorializes the agreements between the City and the Union regarding the issues described below, and the parties acknowledge that these issues have been negotiated in accordance with RCW 41.56. The City and Union agree that the provisions as set forth in this MOU supersede any conflicting provisions in the Collective Bargaining Agreement (CBA) covering the period January 1, 2007 to December 31, 2009. WHEREAS, the .parties haveagreed to memorialize their agreement on this issue in the form of this MOU. NOW, THEREFORE, it is agreed by and between the City and the Union as follows: 1. The Parties commit to meet for the purpose of developing a uniform policy for the Streets Division. 2. The intent of the policy is to specify the types of work clothing and personal protective equipment, and the conditions under which the City shall furnish these articles, to .Street Division employees. 3. The parties acknowledge that their obligations to engage in collective bargaining over the provisions of this agreement are. fulfilled. 4. The parties agree to work in good faith to complete negotiations on this matter in an expeditious manner and to implement any negotiated agreement within thirty days of approval. 5. This agreement is effective through December 31, 2010, when the concessions stated herein are reinstated to. AFSME absent prior mutual agreement. THIS MOU is executed by the parties this c 474 day of Not'em hcr - 2010. CITY OF YAKIMA . A. Zais, City Manager AT EST: City Clerk_ ASFCME LOCAL 1122 Gary Hill President Yvett�✓Lewis Staff Representative / t* i. _ .c — COUNCIL 2 WASHINGTON STATE COUNCI OF COUNTY AND CITY EMPLOYEES AFSCME AFL-CIO CHRI DUGOVICH- President/Executive Director 701 N. 1st Street, Suite 102 Yakima, WA 98901 (509) 452-7887 FAX (509) 575-1999 Affiliated with: American Federation of State, County & Municipal Employees Washington State Labor Council MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND MEMBERS OF AFSCME Municipal LOCAL 1122 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between Council 2, Washington State Council of County and City Employees representing Local 1122 American Federation of State County and Municipal Employees representing General City of Yakima employees, AFL-CIO ("Union") and the City of Yakima, a Washington municipal corporation ("City"). This MOU memorializes the agreements between the City and the Union regarding the issues described below, and the parties acknowledge that these issues have been negotiated in accordance with RCW 41.56. The City and Union agree that the provisions as set forth in this. MOU supersede any conflicting provisions in the Collective. Bargaining Agreement (CBA) covering the period January 1, 2007 to December 31, 2009. WHEREAS, the City and Union agree that under Washington State law, the expired Collective Bargaining Agreement remains in effect and the status quo is maintained in such situations; and WHEREAS, the City and Union recognize the City's need for bilingual services, and maintain bilingual skill levels; and WHEREAS, the City currently provides special pay of sixty (60) dollars per month to employees properly qualified to render bilingual services through the Collective Bargaining Agreement; and WHEREAS, the parties have agreed to memorialize their agreement on this issue in the form of. this MOU, NOW, THEREFORE, it is agreed by and between the City and the Union as follows: Everett Office: 3305 Oakes Avenue • P.O. Box 750 • Everett, WA 98206-0750 • (425) 303-8818 • FAX (425) 303-8906 • www.council2.com ®® 1. Effective January 1, 2011, qualified employees currently receiving bilingual pay, and those subsequently qualifying for such pay shall receive bilingual pay in the amount of 3% of the employees base pay per month for their work in that capacity. The special pay is subject to, prior written approval from their respective Department Head and achieving a passing score on the bilingual skills examination conducted by the Chief Examiner under the Charter Civil Service Rules and Regulations. The Chief Examiner may waive this testing requirement if the employee can demonstrate through documentation (i.e. court interpreter certification from the State of Washington) that the employee has sufficient bilingual skills in the. Spanish language. Once certified and compensated for the bilingual special pay the employee can only stop providing this service if the Department Head determines the skill is no longer needed. 2. The parties acknowledge that their obligations to engage in collective bargaining over the provisions of this agreement are fulfilled. 3. This agreement is effective January 1, 2011. THIS MOU is executed by the parties this 3Z ----clay of.Ce-e°9, /, 2010. CITY OF YAKIMA . A. Zai; City Manager AFSCME LOCAL 1122 Gary Hill President Yvette Lewis Staff Representative