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Home My WebLink AboutR-1990-D5685 AFSCME4110 RESOLUTION NO. D 5 8 5 • • A RESOLUTION implementing a portion of the Final, Last, and Best Offer of the City of Yakima made to the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County, and Municipal Employees, AFL- CIO WHEREAS, the City of Yakima entered into a labor agree- ment with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County, and Municipal Employees, AFL-CIO (hereafter called Local 1122) on September 16, 1987, which agreement extended from January 1, 1987 and expired on December 31, 1988; and WHEREAS, negotiators for the City of Yakima commenced negotiations for a new labor relations agreement with Local 1122 in October of 1988 and thereafter conducted at least thirteen bargaining sessions in good faith with bargaining representatives of Local 1122; and WHEREAS, on May 1, 1989, representatives of the City of Yakima and Local 1122 jointly petitioned for mediation ser- vices from the Washington Public Employees' Relations Commis- sion (PERC) and thereafter a mediator from PERC met with the parties in at least eight mediation sessions; and WHEREAS, the rank and file of Local 1122 rejected by election a negotiated contract proposal on or about December 4, 1989; and WHEREAS, representatives of Local 1122 requested the City to allow it to revote the contract proposal which had been rejected on or about December 4, 1989, however, no election was held by Local 1122; and WHEREAS, on January 3, 1990, representatives of Local 1122 made a final contract proposal to the City of Yakima which was not accepted by the City of Yakima, and WHEREAS, on January 22, 1990, the City of Yakima made its "Final, Last, and Best Offer" to representatives of Local 1122 (res/offer) - 1 - which offer together with a correction of a typographical error therein is attached and incorporated by reference here- in, and WHEREAS, in said "Final, Last, and Best Offer" as cor- rected, the City reserved to itself the authority to implement none, all or part of said offer; and WHEREAS, Local 1122 having received the City's "Final, Last, and Best Offer," inclusive of a specific deadline of January 29, 1990, requested an extension; responsive to the Union's request Assistant City Manager Fred Stouder extended the time deadline for said "Final, Last, and Best Offer" until 5.00 p.m. on February 5, 1990, after conferring with the PERC mediator; and WHEREAS, on January 30, 1990, the City's negotiating team discovered an omission in its "Final, Last, and Best Offer" which it subsequently corrected and hand delivered to Local 1122 representatives prior to a vote on the City's "Final, Last, and Best Offer" by Local 1122 (see supplemental page 6 of the 1/22/90 letter by Stouder to Sears which is attached and incorporated in "Final, Last, and Best Offer"); and WHEREAS, Local 1122 has rejected the City's "Final, Last, and Best Offer" as corrected now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: (1) The City Council of the City of Yakima hereby finds that the City of Yakima and Local 1122 have reached impasse in that there is no realistic prospect that continuation of bargaining would lead to mutual agreement. (2) The City of Yakima hereby unilaterally implements the following portions of the City of Yakima's attached and incorporated "Final, Last, and Best Offer" as corrected "FINAL, LAST, AND BEST OFFER" The City has carefully considered the Union's different: package proposals. The City, as was previously indicated, now presents its final, last, and best offer as follows (res,(Jffer) • o • 1 • • • 1. January 1, 1989 - December 31, 1989 a. Payment of incurred medical cost increases above 1988 contract. levels (estimated value equals 2.2% or $215,000.00). 2. January 1, 1990 - December 31, 1990: a. WAGES: City proposes effective January 1, 1990, the wage and salary compensation plan in effect for the bargaining unit be increased by six percent (6%). b. FRINGE BENEFIT PACKAGE (MEDICAL/VISION, DENTAL, AND LIFE INSURANCES): Effective January 1, 1990, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward the total premium for the covered employee's fringe benefit package which in- cludes medical/vision, dental, and life insur- ances. Any premium amount over and above the One Hundred Twenty Dollars ($120.00) level shall be paid by the employee by payroll deduc- tion. (res'offer) Effective January 1, 1990, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and employee's family fringe benefit package which includes medical/vision, dental, and life insurance. Any premium amounts over and above the Two Hundred Fifty Dollars ($250.00) level shall be paid by the employee by payroll deduction. Effective January 1, 1990, employees shall contribute Forty -One Dollars and seven cents ($41.07) per month for an employee -only fringe benefit package or Seventy -Two Dollars ($72.00) per month for an employee and family fringe benefit package which shall be reflected on the covered employee's February 6, 1990, paycheck. Said premiums shall be paid by payroll deduc- tion. Employee contributions shall be subject to semi-annual adjustments as determined by Direct Administrators or the City's broker of record and implemented after such determina- tion. The City proposes that tentative language agreements prior to December 14, 1989, would become part of the new contract. - 3 - 3. January 1, 1991 - December 31, 1991: a. WAGES: The City proposes that effective Janu- ary 1, 1991, the compensation plan for the bargaining unit in effect as of December 31, 1990, shall be increased by a percent equal to eighty percent (80%) of the percentage increase in the Bureau Of Labor Statistics Consumer Price Indexes West - C Index (C.P.I.-W) for the year ending June 1990. See the enclosed exam- ple for the 1988 to 1969 framework. Said wage increase shall not be less than three percent (3%) nor more than five percent (5%). b. FRINGE BENEFIT PACKAGE (MEDICAL/VISION, DENTAL, LIFE INSURANCES): Effective January 1, 1991, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward the total premium for the covered em- ployee's fringe benefit package. Any premium amounts in excess of the One Hundred Twenty Dollars ($120.00) level shall he determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduc- tion. Effective January 1, 1991, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and family fringe benefit package. Any premium amounts in excess of the Two Hundred Fifty Dollars ($250.00) level shall be as determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduction. (3) The City of Yakima hereby implements the language changes, additions, and deletions tentatively agreed to by the parties and found in the attached and incorporated "Corrected Bargaining Agreement" between the City of Yakima, Washington and the Washington State Council of County and City Employees, AFSCME Local 1122, and AFL-CIO. This resolution shall prevail over any inconsistent language contained in said agieement, including but not limited to, wages and fringe benefits. -4 (res/offer) • • • • ADOPTED BY THE CITY COUNCIL this 6th day of February, 1990. ATTEST. A'alu„--- Af-a—eLeh.& City Clerk (res/offer) - 5 - ORDINANCE NO. 3238 AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1990; amending Subsections 2.20.110 A and Subsection 2.20.110 F, all of the City of Yakima Municipal Code, and declaring an emergency. WHEREAS, the City Council finds and declares an emergency to exist so as to authorize the immediate effectiveness of this ordinance in order to adjust the employee salaries to be effective January 1, 1990, as required by collective bargaining agreements between the City and certain employee groups and otherwise as authorized during consideration by the Council of the 1990 budget, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 2.20.110A of the City of Yakima Municipal Code is hereby amended to read as follows: "2.20.110 Compensation Plan. A. Pay ranges and pay steps, set out in the schedule constituting Subsection B through J of this secticn, for the classes allocated to these pay ranges shall be in full force and effect as of January 1, 1990. The pay rates shall constitute full compensation for those employees with a work week of forty hours as set out in other sections of this code. Employees whose work week is less than forty hours shall be paid at the rate which is in the same proportion to the rates set out herein that their work week bears to forty hours. The hourly rate for those employees of the Fire Department whose work week exceeds forty hours shall be computed according to the provisions of Section 2.22.030 of this code. The performance of employees in the series designated Subsection B through E shall be evaluated annually in accordance with a management performance evaluation plan. The result of the performance evaluations shall be the determination by the City Manager of the actual salary of each employee in the designated positions, and the determination by the City Council of the actual salary of the City Manager, which actual salaries shall be no less than the minimum nor no greater than the maximum set out in the pay range applicable to the position, according to the following schedule:" F. Civil Service Classes Pay Class Allocated Range A B C D E Code Classes 1.0 MO 1079.85 1131.84 1176.91 1230.64 1282.64 HR 6.23 6.53 6.79 7.10 7.40 1.5 MO 1105.85 1149.18 1206.38 1256.64 1310.37 HR 6.38 6.63 6.96 7.25 7.56 2 MO 1131.84 1176.91 1230.64 1282.64 1338.11 8610 Labor Helper HR 6.53 6.79 7.10 7.40 7.72 2.5 MO 1149.18 1206.38 1256.64 1310.37 1365.84 HR 6.63 6.96 7.25 7.56 7.88 PERSIX-ZA 1 2/1 /90 Pay Range -A. B C D Class Allocated E Code Classes 3.0 MO 1176.91 1230.64 1282.64 1338.11 1400 51 HR 6.79 7.10 7.40 7.72 8.08 3.5 MO 1206.38 1256.64 1310.37 1365.84 1429.97 HR 6.96 7.25 7.56 7.88 8.25 4.0 MO 1230.64 1282.64 1338.11 1400.51 1462.91 HR 7.10 7.40 7.72 8.08 8.44 4.5 MO 1256.64 1310.37 1365.84 1429.97 1495.84 8511 Custodian HR 7.25 7.56 7.88 8.25 8.63 5 MO 1282.64 1338.11 1400.51 1462.91 1533.97 6260 Police Cadet HR 7.40 7.72 8.08 8.44 8.85 5.5 MO 1310.37 HR 7.56 1365.84 7.88 1429.97 8.25 1495.84 8.63 1563.44 9.02 6.0 MO 1338.11 1400.51 1462.91 1533.97 1601.57 HR 7.72 8.08 8.44 8.85 9.24 6.5 MO 1365.84 HR 7.88 7 MO 1400.51 HR 8.08 1429.97 8.25 1462.91 8.44 1495.84 8.63 1533.97 8.85 1563.44 9.02 1601.57 9.24 1636.24 9.44 7511 Data Entry Operator I 7121 Department Assistant I 5201 Golf Starter 6251 Police Department Assistant I 2315 Cashier 7122 Department Assistant II 8820 Park Caretaker 6252 Police Department Assistant II 5234 Recreation Leader 7110 Senior Center Clerk 1672.63 5267 9.65 7512 7611 7.5 MO 1429.97 1495.84 1563.44 1636.24 1709.03 HR 8.25 8.63 9.02 9.44 9.86 8 MO 1462.91 1533.97 1601.57 1672.63 1745.43 7131 HR 8.44 8.85 9.24 9.65 10.07 8.5 MO 1495.84 HR 8.63 PERSIX-ZA 2 2/1 /90 1563.44 9.02 1636.24 1709.03 1793.97 9.44 9.86 10.35 Aquatic Leader Data Entry Operator II Offset Duplicating Machine Operator Word Processing Typist 2316 Accounting Clerk II 8541 Building Maintenance Specialist 7123 Department Assistant III 6610 Parking_ Checker 6253 Police Department Assistant III 8612 Transit Service Worker Pay Range A B C D E Code Classes 9 MO 1533.97 1601.57 1672.63 1745.43 1832.10 2106 Computer Operations HR 8.85 9.24 9.65 10.07 10.57 Assistant 5121 Housing Rehabilitation Assistant 8611 Laborer Class Allocated 9.5 MO 1563.44 1636.24 1709.03 1793.97 1868.50 6520 Animal Control Officer HR 9.02 9.44 9.86 10.35 10.78 2253 Community Programming Assistant 4111 Engineering Aid 8821 Park Specialist I 6611 Parking Checker (Lead) 4611 Traffic Aid 8641 Refuse Helper 10 MO 1601.57 1672.63 1745.43 1832.10 1908.36 8204 Vehicle Maintenance HR 9.24 9.65 10.07 10.57 11.01 Attendant 7311 Water Service Representative I 10.5 MO 1636.24 1709.03 1793.97 1868.50 1956.90 6511 Animal Control Officer HR 9.44 9.86 10.35 10.78 11.29 (Lead) 8213 Automotive Storekeeper 2105 Computer Operator/ Programmer 7124 Department Assistant IV 7140 Deputy City Clerk 8421 Equipment Operator I 8203 Fleet Maintenance Attendant 8242 Industrial Maintenance Worker 8671 Irrigation Specialist I 8320 Laboratory Assistant 8822 Park Specialist II 6254 Police Department Assistant IV 8731 Sewer Maintenance Specialist I 8681 Storekeeper 8721 Street Cleaning Specialist I 8711 Street Maintenance Specialist I 8410 Transit Operator 8631 Utility Worker 7312 Water Service Representative II 8311 Wastewater Treatment Plant Operator I 8331 Water Treatment Plant Operator I 8741 Waterworks Specialist I PERSIX-ZA 3 2/1 /90 Pay Class Allocated Range A B _ C D E Code Classes 11 MO 1672.63 1745.43 1832.10 1908.36 2000.23 2211 Legal Assistant HR 9.65 10.07 10.57 11.01 11.54 4211 Traffic Signal Aide 11.5 MO 1709.03 1793.97 1868.50 :1956.90 2047.03 8518 Building Superintendent HR 9.86 10.35 10.78 11.29 11.81 8621 Monument Setter 8322 Pre -Treatment Technician 8433 Refuse Crew Leader 8411 Transit Dispatcher 7313 Water Service Representative III 12 MO 1745.43 :L832.10 1908.36 2000.23 2092.09 8422 Equipment Operator II HR 10..07 10.57 :11.01 11.54 12.07 5151 Housing Loan Specialist 8672 Irrigation Specialist II 4410 Code Inspection Trainee 12.5 MO 1793.97 :1868.50 1956.90 2047.03 2142.36 2312 Accounting Technician HR 10.35 10.78 11.29 11.81 12.36 2231 Buyer 5254 Athletic Coordinator 5130 Home Remodeling Technician 8823 Park Specialist III 2221 Personnel Technician 6231 Police Services Dispatcher 5255 Recreation Coordinator 8732 Sewer Maintenance Specialist II 8722 Street Cleaning Specialist II 8712 Street Maintenance Specialist II 8312 Wastewater Treatment Plant Operator II 8332 Water Treatment Plant Operator II 8742 Waterworks Specialist II 13 MO 1832.10 1908.36 2000.23 2092.09 2185.69 4121 Engineering Technician I HR 10.57 11.01 11.54 12.07 12.61 (Design) 4131 Engineering Technician I (Survey) 5122 Housing Rehabilitation Specialist I 8111 Park Supervisor I 4621 Traffic Technician I PERSIX-ZA 4 2/1 /90 Class Allocated Pay Range A B C D E Code Classes 13.5 MO 1868.50 1956.90 2047.03 2142.36 2241.16 2252 Community Programming HR 10.78 11.29 11.81 12.36 12.93 Coordinator 2101 Computer Programmer 8651 Concrete Specialist I 6211 Identification Technician 82/1 Mechanic I 8663 Traffic Sign Specialist 8251 Waterworks Device Technician 8743 Waterworks Specialist III 14 MO 1908.36 2000.23 2092.09 2185.69 2287.96 8116 Cemetery Supervisor HR 11.01 11.54 12.07 12.61 13.20 8423 Equipment Operator III 8221 Machinist 8115 Park Maintenance Supervisor 6255 Police Department Administrative Assistant 6242 Police Records Supervisor * 4221 Signal/Electrical Technician I * Retained for Police Pension Purposes 14.5 MO 1956.90 2047.03 2142.36 2241.16 2338.22 8652 Concrete Specialist II HR 11.29 11.81 12.36 12.93 13.49 5131 Home Remodeling Supervisor 5123 Housing Rehabilitation Specialist II 8241 Industrial Maintenance Mechanic 8673 Irrigation Crew Leader 8212 Mechanic II 8733 Sewer Maintenance Crew Leader 8701 Street Inspector 8713 Street Maintenance Specialist III 8191 Transit Operations Supervisor 8313 Wastewater Treatment Plant Operator III 15 MO 2000.23 2092.09 2185.69 2287.96 2395.42 2310 Grant Coordinator HR 11.54 12.07 12.61 13.20 13.82 2313 Financial Coordinator 8171 Waterworks Supervisor I 15.5 MO 2047.03 2142.36 2241.16 2338.22 2452.62 8321 Laboratory Technician HR 11.81 12.36 12.93 13.49 14.15 8151 Traffic Sign Supervisor 8314 Wastewater Treatment Plant Chief Operator 8333 Water Treatment Plant Chief Operator PERSIX-ZA 5 2/1 /90 Pay Class Allocated Range _a_ B C __D__ E Code Classes 16 MO 2092.09 2185.69 2287.96 2395.42 2502.89 2223 Charter Civil Service HR 12.07 12.61 13.20 13.82 14.44 Secretary/Chief Examiner 6241 Police Information Specialist 4240 Instrument Technician 4222 Signal/Electrical Technician II 16.5 MO 2142.36 2241.16 2338.22 2452.62 2567.02 2261 Administrative Assistant HR 12.36 12.93 13 49 14.15 14.81 to the Director of Public Works 5266 Aquatics Program Supervisor 3311 Assistant Planner 2242 Customer Relations Coordinator 4125 Engineering Tech- nician II 5124 Housing Rehabilitation Specialist III 8161 Irrigation Supervisor 5271 Parks and Recreation Administrative Specialist 2103 Programmer Analyst 5244 Recreation Program Supervisor 8121 Refuse Supervisor 4622 Traffic Technician II 17 MO 2185.69 2287.96 2395.42 2502.89 2622.48 4421 Code Inspector HR 12.61 13.20 13.82 14.44 15.13 4141 Construction Inspector 4133 Engineering Technician III (Survey) 4134 Engineering Technician III (Design) 17.5 MO 2241.16 2338.22 2452.62 2567.02 2684.88 4223 Signal/Electrical HR 12.93 13.49 14.15 14.81 15.49 Technician III 18 MO 2287.96 2395.42 2502.89 2622.48 2747.28 2251 Cable Television HR 13.20 13.82 14.44 15.13 15.85 Coordinator 8181 Equipment Maintenance Supervisor 8245 Industrial Maintenance Supervisor 3130 Office Engineer 8134 Sewer Maintenance Supervisor II 8172 Waterworks Supervisor II PERSIX-ZA 6 2/1/90 Pay Range A B C D E Code Classes 18.5 MO 2338.22 2452.62 2567.02 2684.88 2814.88 8117 Parks Operations HR 13.49 14.15 14.81 15.49 16.24 Supervisor 8132 Wastewater Treatment Plant Process Control Supervisor 8335 Water Treatment Plant Supervisor Class Allocated 19 MO 2395.42 2502.89 2622.48 2747.28 2875.54 2311 Accountant HR 13.82 14.44 15.13 15.85 16.59 3321 Associate Planner 3141 Construction Engineer 3112 Engineering Associate 2104 Senior Analyst 8141 Street Supervisor 4632 Traffic Associate 4231 Signal/Electrical Supervisor 19.5 MO 2452.62 2567.02 2684.88 2814.88 2943.14 HR 14.15 14.81 15.49 16.24 16.98 20 MO 2502.89 2622.48 2747.28 2875.54 3007.28 2314 Budget Analyst HR 14.44 15.13 15.85 16.59 17.35 2220 Deputy Personnel Officer 3331 Supervising Associate Planner 20.5 MO 2567.02 2684.88 2814.88 2943.14 3081.81 HR 14.81 15.49 16.24 16.98 17.78 21 MO 2622.48 2747.28 2875.54 3007.28 3149.41 3120 Supervising Sanitary HR 15.13 15.85 16.59 17.35 18.17 Engineer 4232 Traffic Operations Supervisor 21.5 MO 2684.88 2809.68 2941.41 3081.81 3220.47 HR 15.49 16.21 16.97 17.78 18.58 Section 2. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety, and welfare of the people of the City of Yakima and an emergency is declared to exist and this ordinance shall be in full force and effect immediately after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 1990. ATTEST: Mayor City Clerk Publication Date Effective Date PERSIX-ZA 7 2/1 /90 i ��%): ,V L ity ` latt.117.r i CITY OF YAKI; January 22,1990 CIT}" H.4LL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6090 HAND -DELIVERED — JANUARY 22,1990 Mr. Paul R. Sears Staff Representative WSCCCE, AFSCME, AFL-CIO 115 No. 4th Avenue Yakima, Washington 98902 RE: City's Final, Last And Best Offer Dear Paul: This letter describes the history of mediation and sets forth the City's final, last and best offer. HISTORY The parties jointly filed a petition for mediation with the Public Employment Relations Commission on May 1, 1989. On May 25, 1989, the parties met for the first mediation session with the Mediator assigned by PERC, Walt Stuteville. After several months of mediation sessions, the City accepted the Union's proposal of October 31, 1989, and a tentative settlement agreement was reached. The wage and benefit components of that mutually agreeable package were: "WAGES January 1, 1989, a three percent (3%) across -the -board increase; January 1, 1990, a three percent (3%) across-the-board increase; January 1, 1991, eighty percent (80%) of C.P.I. Western Cities "C" Index. Minimum of three percent (3%) across-the-board -- Maximum five percent (5%) across-the-board increase. Mr. Paul R. Sear January 22, 1990 Page 2 INSURANCE Claims run -out going FROM the City's Self Insurance Plan to Local 1122's Medical Trust Fund with a three (3) month run -out assumed by the City, with a cap at $150,000.00. City will agree to absorb medical premium costs for 1989. Effective January 1, 1990, any medical costs and any ongoing claims for physicians, hospitals or any provider service costs incurred by AFSCME 1122 members are the responsibility of the Union." Shortly thereafter, the Union held a ballot box vote regarding the tentative settlement; the Union notified the City by letter dated December 4,, 1989, that the membership rejected the settlement package. Just prior to December 18, 1989, members of the Union's bargaining team approached the City and inquired as to the possibility of another opportunity to vote the October 31, 1989, tentative agreement. This second opportunity to vote the package was given to the Union by way of the City's letter of December 18, 1989, allowing additional time for another vote to accept or reject the October 31, 1989 tentative agreement. No such vote was held. On January 3, 1990, the Union proposed a different package as follows: "1. All tentative agreements prior to December 14, 1989, stand as agreed. 2. WAGES: January 1, 1989: January 1, 1990: January 1, 1991: 3. '.INSURANCE: A three percent (3%) across-the-board increase. A three percent (3%) across-the-board increase. Eighty percent (80%) of C.P.I. Western Cities "C" Index. Minimum of three percent (3%) maximum of five percent (5%) across-the- board increase. Any and all run out cost going FROM City's Self Insurance Medical Plan TO Local 1122's Medical Trust Fund shall be borne by the City for a period not to exceed twelve (12) months. Mr. Paul R. Sears January 22, 1990 Page 3 City agrees to all medical premium costs for all of 1989. January 1, 1990: January 1, 1991: City agrees to contribute the Two Hundred Fifty Dollars ($250.00) per month for employee with dependents and the One Hundred Twenty Dollars ($120.00) per month for employee with no dependents. City agrees to pay in addition to the $250/$120, seventy percent (70%) of any medical insurance premium increase." On January 3, 1990, the City reviewed the Union's different proposal and indicated to the Mediator and the Union that there were several concerns about the proceedings. First, the City's position was that the Union had rejected all prior package proposals based on its different package proposal. This was based on the Union's failure to respond to the City's December 18, 1989, letter. The City indicated to the Mediator and the Union that based on this rejection of the package there may not be any retroactivity. Areas of concern were the lag claim period, no limitations on the total cost of lag claims, increases in 1990 premium contributions, change of transition time from one medical program to another, and the other differences between the October 31, 1989, package and this new package proposal. The January 3, 1990, mediation session closed with the Union presenting another different package and with the City indicating it would review this latest different package and that the City would be issuing a final, last and best offer to the Union. The Union's last package proposal was as follows: "1. All tentative agreements prior to December 14, 1989 stand as agreed. 2. WAGES: January 1, 1989: A three percent (3%) across-the-board increase. January 1, 1990: A three percent (3%) across-the-board increase. January 1, 1991: eighty percent (80%) of C.P.I. Western Cities "C" Index. Minimum of three percent (3%) maximum of five percent (5%) across-the- board increase. 1 Mr. Paul R. Sears January 22, 1990 Page 4 3. INSURANCE: a. No insurance payroll deduction January earnings. b. City pays January incurred insurance claims. c. February 1, insurance change over. d. January 1, 1991, insurance re -opener. e. Insurance claims lag time = six (6) months, with Two Hundred Thousand Dollar ($200,000.00) cap." The Union did not conduct a second balloting of the October 31,1989, package prior to the January 3, 1990, mediation session thereby rejecting this previous package. It is the City's position, therefore, that the extension of the October 31, 1989, package expired on January 3, 1990. The Union presented different packages at the January 3, 1990, mediation session which were not acceptable to the City. Therefore, the City is presenting its final, last and best offer to the Union. FINAL, LAST AND BEST OFFER The City has carefully considered the Union's different package proposals. The City, as was previously indicated, now presents its final, last and best offer as follows: 1. January 1, 1989 - December 31, 1989: a. Payment of incurred medical cost increases above 1988 contract levels (estimated value equals 2.2% or $215,000.00). 2. January 1, 1990 - December 31, 1990: a. WAGES: City proposes effective January 1, 1990, the wage and salary compensation plan in effect for the bargaining unit be increased by six percent (6%). b. FRINGE BENEFrI PACKAGE (MEDICAL/VISION, DENTAL, AND LIFE INSURANCES): Effective January 1, 1990, the City shall contribute up to a maximurn of One Hundred Twenty Dollars ($120.00) per month toward the total premium for the covered employee's fringe benefit package which includes medical/vision, dental and life insurances. Any premium amount over and above the One Hundred Twenty Dollars ($120.00) level shall be paid by the employee by payroll deduction. Effective January 1, 1990, the City shall contribute uplto a maximum of Two Hundred Fifty Dollars ( $250.00) tier Mr. Paul R. Sears January 22, 1990 Page 5 month toward the total premium for the covered employee and employee's family fringe benefit package which includes medical/vision, dental and life insurance. Any premium amounts over and above the Two Hundred Fifty Dollars ($250.00) level shall be paid by the employee by payroll deduction. Effective January 1, 1990, employees shall contribute Forty - One Dollars and seven cents ($41.07) per month for an employee -only fringe benefit package or Seventy -Two Dollars ($72.00) per month for an employee and family fringe benefit package which shall be reflected on the covered employee's February 6, 1990, paycheck. Said premiums shall be paid by payroll deduction. Should the AFSCME Bargaining Unit remain in the City's Self - Insured Medical Plan, employee contributions shall be subject to semi-annual adjustments as determined by Direct Administrators or the City's broker of record and implemented after such determination. The AFSCME Bargaining Unit may, as an entire group, elect to either convert to the AFSCME Trust Medical Plan for their fringe benefit package, or remain in the City's Self -Insured Medial Plan and continue current dental coverage under the Washington State Council of County and City Employees Dental Trust Fund and further, maintain the Five Thousand Dollar ($5,000.00) life insurance policy currently provided for employees only. If there is a conversion, it must be accomplished by the AFSCME Trust effective February 1, 1990, subject to the conditions specified herein. The City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per covered employee or Two Hundred Fifty Dollars ($250.00) per covered employee and family for either benefit program. Employees shall be responsible for any and all premium payments which exceed the City's contributions of One Hundred Twenty Dollars ($120.00) or Two Hundred Fifty Dollars ($250.00) for an employee -only package or family package, respectively. Employee premium contributions shall be paid by payroll deduction. If conversion to the AFSCME Trust Medical Plan occurs effective February 1, 1990, any medical costs and any ongoing claims for physicians, hospitals or any provider of service costs incurred on or after February 1, 1990, by AFSCME 1122 members are the responsibility of the Union and the AFSCME Trust. T1 e City would assume Mr. Paul R. Sears January 22, 1990 Page 6 limited. responsibility for paying the cost of medical claims incurred during only the month of January 1990, if the bargaining unit elects to convert to the AFSCME Trust Medical Plan. Further, if the bargaining unit converts to the AFSCME Medical Trust Plan, the AFSCME Trust and/or Union shall be responsible for all administrative functions involved in the conversion, plus all administrative functions of the benefit programs thereafter. These administrative responsibilities are applicable for all active employees and their dependents, retirees and their dependents and all. COBRA participants. In the event the bargaining unit converts to the AFSCME Trust Medical Plan effective February 1, 1990, the City will accept limitedresponsibility for paying for run -out claims received from February 1, 1990, until April 30, 1990, subject to a maximum payment responsibility of up to One Hundred Fifty Thousand Dollars ($150,000 00) for run -out claims. Any additional run -out claim amounts which exceed the One Hundred Fifty Thousand Dollar ($150,000.00) level and/or are received after April 30, 1990 shall be the responsibility of the Union and the AFSCME Trust. The City proposes that tentative language agreements prior to December 14, 1989, would be come part of the new contract. 3. January 1,1991- December 31, 1991: a. WAGES: The City proposes that effective January 1, 1991, the compensation plan for the bargaining unit in effect as of December 31, 1990, shall be increased by a percent equal to eighty percent (80%) of the percentage increase in the Bureau Of Labor Statistics Consumer Price Indexes West - C Index (C.P.I -W) for the year ending June 1990. See the enclosed example for the 1988 to 1989 framework. Said wage increase shall not be less than three percent (3%) nor more than five percent (5%). b. FRINGE BENEFIT PACKAGE (MEDICAL/VISI[ON, DENTAL, LIFE INSURANCES): Effective January 1, 1991, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward the .he24; �r le "v.0 off r 30,t ° s- Mr. Paul R. Sears January 22, 1990 Page 7 total premium for the covered employee's fringe benefit package. Any premium amounts in excess of the One Hundred Twenty Dollars ($120.00) level shall be determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduction. Effective January 1, 1991, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium, for the covered employee and family fringe benefit package. Any premium amounts in excess of the Two Hundred Fifty Dollars ($250.00) level shall be as determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduction. If the Union does not provide written notification to the City of its acceptance of the City's final, last and best offer on or before Monday, January 29, 1990, prior to 5:00 p.m. then the City will consider this a rejection of the offer and the City declares the parties to be at impasse. The City reserves the right to unilaterally implement none, part or all of the final, last and best offer. We look forward to hearing from you on an immediate basis. Yours truly, Assistant City Manager enclosure cc: R.A. Zais, City Manager Walter Stuteville, Mediator, PERC Robert J. Desgrosellier Terry Wakefield Susan Schibig Glenn Thompson Dennis E. Covell Archie M. Sutton Sheryl M. Smith . soce<11.1PC*4"l'ANT Nerr r C°s - H..e.enIng with the release data for January 1988, the standard rot nos base for the Connumor Price Indexes is 19(12-84 100 An a convenience to users we will continue to publish too all items indexes on their former official retercnce bone (1967 100 1n most cases) .r # *..'*-.K .10,11,0,4,4^4, > '1 .ThUl-AU QF L.ADQEi s"TAT.1 STICS CCARSUIMELIR t'R I C: ii I t 41)E' -sem i'ACI1f JEC tCIT IRS AND 1.3_ S . (.:I -1'Y AVlCIRAGE MONTHLY DATA AI Ji . ITEMS I 1•11103:303::S (1982-84=100 unlearn otkerwiso noted) 3IINE 19139 ALL URBAN CONSUMERS PERCENT CHANGE Year 1 Month INDEIIS ending ending JUNE MAY JUNK MAY JUNK JUNK 1988 1989 1989 1989 1989 1989 0 S City Average . ... ...... 118.0 123.8 124.1 5.4 5.2 0.2 (1967=100) . .. . ... 353.5 370.8 371.7 - - - Lon Angeles Anaheim -Riverside.. 122.0 128.3 128.7 5 2 5.5 0 3 (1967=100) . .... ....... 360.5 378.9 380 1 - - - San Francisco -Oakland -San Jose. 120.1 126.3 126 2 5.5 5.1 -0.1 (1967-100) 369.1 388.3 388.0 - - Went 118 7 124.5 124.6 (Dec 1977 = 100) 191 9 201.3 201 4 West - A 120.2 126.2 126 3 (Dec. 1977 = 100) 196.0 205.7 206 0 West - C . .. . 117.2 122.5 122.4 (Dec. 1977 = 100) .... 181.8 190 0 189 8 5.1 5.0 0 1 5 1 5.1 0.1 5.2 4 4 -0.1 URBAN WAGE EARNERS AND CLERICAL WORKERS PERCENT CHANCE Tear 1 Month INDEXES ending ending JUNE MAY. JUNE WAY JUNI JONE 1988 1989 1989 1989 1989 1989 116.7 122.5 122.6 5.4 347 6 364.9 365 9 - 118 9 125.0 125 3 5.1 351 2 369.5 370.4 119.0 125.7 125 8 5.9 362.5 362.8 382.5 117 4 123.3 123.3 5.2 188 9 198.4 198 5 - 117 5 123 5 123 6 5 2 190.2 200 0 200.2 - 116 6 121.9 121.7 5.2 179 8 1137.9 187.8 - 6.2 5.4 5.5 5.0 5.2 4.4 0.2 0 2 -0 1 0.0 0.1 -0 2 Size classes A = 1,250,000 and over, B = Mot available for West. C = 50,000 to 330,000, D = Not available for Weet. Releaee date July 19, 1989. Next release August 18, 1989 CPI 24 hour hotline for San Francisco (415) 995-5629 or for Lon Angeles (213) 252-7528, for more information call (415) 995-5605 or (213) 252.7521. OYashingion Slate �iouncii of Counlq and etiq tmployees 115 N 4th Ave Yakima, WA 98902 452 7887 Frederick Stouder 129 N. 2nd Street Yakima, WA 48901 RE: Time Extension for Notice of Acceptance Final, Last and Best Offer / AFL-CIO Afflicted with American Federation of State, County & Municipal Employees Washington State Labor Council HAND DELIVERED RECEIVED CITY OF YAKIMA JAN 2'11990 OFFICE OF CITY MANAGER January 24, 1990 of Dear Fred: From the City of Yakima's Last, Final and Best Offer date January 22, 1990, it is stated that unless the Union "provides written notification to the City of its acceptance of the City's Final, Last and Best Offer on or before Monday, January 29, 1990, prior to 5:OOp.m. then the City will consider this a rejection of the offer and the City declares the parties to be at impasse." Due to the Union's time constraints on notifying our members by mailing a minimum three (3) day notice for contract ratification voting we could not set up a ratification voting that would meet your deadline. Our contract ratification vote of the City of Yakima's Last, Final and Best Offer is tentatively scheduled for Thursday, February 1, 1990 with an informational meeting the night before, on Wedensday, January 31, 1990. Therefore, we are requesting a one (1) week deadline extension to Monday, February 5, 1990 at 5:OOp.m.. We are bringing this to our members in as timely a fashion as is allowable and we appreciate your acceptance of our request. RJD:nf cc: Paul R. Sears Walter Stuteville Sincerely, Rlavi Robert . Desgro -slier Presiden AFSCME Local 1122 COLLECTIVE BARGAINING AGREEMENT Between CITY OF YAKIMA, WASHINGTON And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME, LOCAL 1122, AFL-CIO KEY: Words appearing with strike -through ("-E-*-a-}mple") indicate deleted language. This style of print indicates new language. EFFECTIVE JANUARY 1, 1987 THROUGH DECEMBER 31, 1988 AFSCME Contract 1990 2/1/90 -1- INDEX PAGE Article I Recognition/Bargaining Unit 3 Article II Union Membership 4 Article III Collective Bargaining 4 Article IV Code Provisions 6 Article V Impasse 7 Article VI Grievance Procedure 8 Article VII Public Disclosure 14 Article VIII Business Leaves 14 Article IX Employee Rights 1 5 Article X Management Rights 1 6 Article XI Labor Management Committee 1 8 Article XII Social Security 19 Article XIII Equal Opportunity Clause 19 Article XIV Contracting Work 19 Article XV Strikes and Lockouts Prohibited 1 9 Article XVI Union Constitution and By Laws 2 0 Article XVII Maternity Leave Agreement 2 0 Article XVIII Salaries and Fringe Benefits 2 0 Article XIX Sick ]Leave 2 3 Article XX Layoff 2 8 Article XXI Vacation 2 8 Article XXII Holidays 2 9 Article XXIII Work Week Provisions 3 3 Article XXIV Overtime 3 7 Article XXV Call -Out Pay 3 8 Article XXVI Shift Differential 3 8 Article XXVII Health Hazards/Inoculations 3 8 Article XXVIII Permanent Part -Time Employees 3 9 Permanent On -Call Employees Permanent Seasonal Employees Article XXIX Entire Agreement 4 0 Article XXX Savings Clause 4 0 Article XXXI Termination 41 AFSCME Contract 1990 - 2 - 2/1 /90 COLLECTIVE BARGAINING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of January, 1987, by and between the City of Yakima, Washington, hereinafter called the City, and the Washington State Council of County and City Employees and Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union. WITNESSETH: WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the execution of collective bargaining agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers, and WHEREAS, the parties to this agreement recognize that benefits accrue to 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. 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: ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT The City recognizes the Union as the exclusive bargaining representative of the bargaining unit consisting of all permanent City employees except commissioned employees of the Police Department and all employees of the Fire Department and except those persons appointed to exempt or unclassified positions, City Manager and members of his staff (including Administrative Secretary), Deputy City Clerk, and all employees of the Personnel and Legal Departments. AFSCME Contract 1990 - 3 - 2/1/90 In accordance with RCW 41.56.050 through RCW 41.56.080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) nor less than sixty (60) days prior to the expiration date of this agreement. ARTICLE II - UNION MEMBERSHIP SectionA Union Membership. All employees in the bargaining unit shall, within 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). Section B Payroll jiejjaciim, 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 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, 261 N.E. 45th Seattle, Washington, 98105, the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month following the month for which deductions are made. The Union agrees to defend, indemnify and hold harmless the City for any loss or damage arising from the operation of this Article knowingly caused by the Union. It is also agreed that neither any employee nor the Union shall have any claim against the City for any deductions made or not made unless a claim of error is made in writing to the City within forty- five (45) calendar days after the date such deductions were or should have been made. ARTICLE III - COLLECTIVE BARGAINING Section A, 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 not exceed four (4) members each without mutual consent of the parties. The Union staff representative and the City AFSCME Contract 1990 - 4 - 2/1/90 Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes. Section B Wagers 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 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. Section C Negotiations Timetable. Prior to the second Monday in September prior to the termination of this Agreement, 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, specifying all sought changes. During the City Manager's preparation of the annual budget, the City Manager shall consider the Union's proposals and negotiate with the Union's collective bargaining representatives. Any 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 no later than the first Monday of November of each year. 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, the position on that subject of the other party as understood by the party writing the statement, which written statements shall take the place of a memorandum of agreement on that subject, each of which written statements shall be furnished to the other party no later than the date last mentioned above. 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. AFSCME Contract 1990 2/1/90 -5- ARTICLE IV - CODE PROVISIONS The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this Agreement. All sections listed shall be in accord with the terms of this Agreement and in the event of a conflict the terms of the Agreement shall prevail. Section 2.04.030 -- City Contributions: A, B-4, C-2. Section 2.20.010 -- Persons Subject to Plan. Section 2.20.020 -- Content of Plan. Section 2.20.040 -- Policy for Pay Steps. Section 2.20.050 -- Policy for Present Employees Subparagraph (a). Section 2.20.060 -- Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees. Section 2.20.070 -- Reduction of Salary. Section 2.20.085 -- Reimbursement for Expenditures Subparagraph E. 2.20.088 -- Uniform Allowance - Special Assignment Pay, Subparagraphs B and C. Section 2.20.100 -- Classification Plan, Subparagraph (b). Section 2.20.110 -- Compensation Plan, Subparagraph (e). Section 2.20.120 -- Shift Differential. Section 2.24.010 -- Longevity Plan -- Eligibility Restrictions, Subparagraphs A, C, D. Section 2.40.020 -- Vacation Leave, Subparagraphs A, Subunit 1, and Subparagraphs B, C, D, E. Section 2.40.030 -- Sick Leave. AFSCME Contract 1990 - 6 - 2/1190 Section 2.40.060 -- Leave Without Pay. Section 2.40.070 -- Unauthorized Absences. Section 2.40.080 -- Holidays with Pay, Subparagraphs A, B, C, D, E, F, G, H, J, K. Section 2.40.090 -- Work Week. Section 2.40.100 -- Overtime Pay, Subparagraphs A-4, B, C, D, E. ARTICLE V - IMPASSE Section A Consideration by City Council. In the event the Union and the City's representatives are unable to resolve any negotiable matter relating to wages, hours or working conditions, such unresolved matter may be submitted by the parties hereto 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. Section B Mediation and 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 mediation and/or fact finding. Before mediation or fact finding is requested, the unresolved matter must be reduced to writing and reasonable notice given to the other party of intentions to seek mediation or fact finding. [Mediation shall be conducted by an appointee of the Washington State Public Employment Relations Commission (PERC).] 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. Section C Timeliness of Impasse Procedures. The impasse procedures contemplated by Sections A and B of this article are not mutually exclusive, and any one or all such procedures may be invoked in AFSCME Contract 1990 - 7 - 2/1 /90 the event the Union's collective bargaining committee and the City's representatives are unable to resolve any negotiable matter relating to wages, hours or working conditions. In the event either party invokes impasse proceedings, the request therefore shall be made in a timely manner if reasonably possible so that such proceedings may be concluded before any final City Council action by ordinance, resolution or otherwise. ARTICLE VI - GRIEVANCE PROCEDURE Section .6. Policy. The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances 'which can be resolved only after a formal review. Accordingly, the following procedure is hereby established in order that grievance of employees covered by this agreement may be resolved as fairly and expeditiously as possible. Section B1 Exclusions. Matters covered by the general rules and regulations of the Civil Service Commission of the City of Yakima shall note covered by this procedure. Section C Grievance Defined. A grievance is an alleged wrong or dispute, considered by an employee or group of employees as grounds for complaint, pertaining to employment conditions covered by this Agreement or its application, meaning or interpretation. Section D SpeciaLProvisions. I. The term "employee" as used in this Article shall mean a permanent or probationary employee who is a member of the bargaining unit or group of such employees, accompanied by a representative if so desired. 2. A Union -offieer or steward and/or aggrieved party shall be granted time off withoui--lam—of pay for the purpose of grievance. A Union -business agent or steward may, after making advance notification to the re -le -yam —Di -vis -ion Manager, vieit the work l tion--af employees covered by this -agreement for the purpose of investigating a AFSCME Contract 1990 - 8 - 2/1 /90 work of -uninvolved employees. 2. 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. The aggrieved party's representative may, after making advance notification to the relevant Division Manager, visit the work location of employees covered by this agreement for the purpose of investigating a grievance. Said investigation shall be conducted so as not to disturb the work of uninvolved employees. 3. Grievances on behalf of an individual employee may not be initiated or pursued without his or her consent. However, contract grievances may be initiated or pursued by the Union. 4. A grievance may beenrtain-ed in or advanced to any 4. 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. 5. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure to meet the time limit or extended time limit for responses by the City shall render the decision in favor of the grievant. 6. Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. section E ,_.Procedure. To be reviewable under this procedure a grievance must: - Filed upon a grievance form which has been mutually agreed upon by the City and the Union. AFSCME Contract 1990 - 9 - 2/1 /90 Concern matters or incidents that are - Identify matters or incidents that are Result fr: •• this agreement. alleged to have occurred. alleged to have occurred. •• - • ing aspects of - Identify an act or omission by management this agreement. regarding aspects of Arise out of a specific situation, act or acts complained of as being unfair which has resulte4- or would re -suint in inequity or damage to an employee. - Arise out of a specific situation, act or acts complained of as being unfair which has resulted, or identifies an inequity or damaged to an employee. - Specify the relief sought. -4-- Discussion with Supervisor. Whenever there—i ar apparent misunderstanding or dispute between an employee supervisor an effort must first be made to resolve the If such a discussion fails, then as soon as passible, but in thirty (30) —calendar days after an employee has been aware of a wrongful- act -ch-arged, a employee shall grievance to wr' ' • his immediate supervisor shall make an in circumstances of the corn reasons therefor and his/her matter—informally, no case later than made reasonably fir,t reduce his supervisor. Said tt facts ---and 'cion, and the '7) calendar days. 1. Discussion with Supervisor. Whenever there is an apparent misunderstanding or dispute between an employee and the City, an effort must be made to resolve the matter informally with the supervisor and/or Division Manager. The affected employee shall pose the question of the misunderstanding and/or dispute in writing to the supervisor(s) and the supervisor(s) shall answer the question of the misunderstanding and/or dispute in writing (then and there) at the initial meeting. If the misunderstanding and/or dispute remains unresolved after the initial informal meeting, the employee shall reduce the dispute, in writing to the Department Head, within ten (10) working days, as a formal grievance. AFSCME Contract 1990 -10- 2/1/90 102/1/90 2. Written Grievance to Division Manager. If the grievance bmitted by the erepleyee to the D;�.�m Manager within seven (7) calendar days of receipt of the griev-ante. 3. Grievance Appealed to Department Head. An employee who is dissatisfied with the decision of the Division Manager may submit the grievance in writing within seven (7) calendar days to the Department , and the reasons therefore, within seven (7) calendar days after receipt of the employee's grievance. 2. Grievance Appealed to Department Head. An employee who is dissatisfied with the decision of the Division Manager may submit the grievance in writing within seven (7) working days after notification to the employee of the decision of the Division Manager to the Department Head. The Department Head shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within seven (7) working days after receipt of the employee's grievance. If the employee is writing of the City Manager's findings and decision. 3. Grievance Appealed to City Manager. If the employee is dissatisfied with the decision of his Department Head, the employee may obtain a review by the City Manager by submitting a written request to him for a review, which request shall be submitted within seven (7) working days after the notification to the employee of the decision of the Department Head. Said appeal shall delineate the areas of agreement and disagreement with the response given by the Department Head. The City AFSCME Contract 1990 - 11 2/1/90 Manager shall make such investigation and conduct such hearings as he deems necessary, and shall, within fifteen (15) working days after the receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision. 4. A duplicate copy of all statements of grievance, requests for review and written decisions shall be filed by the person making them in the office of the Personnel Officer. 6. ' • -- which the City's management may have against the Union shall be reduced to writing and submitted, no later than thirty (30) calendar days after having been made reasonably aware of the issue, to the President of the Union local with a copy to the staff representative. _ --gation of the relevant facts and shall, : • : • IS, provide—a written d-ecision, and the reasons therefore. If the matter is not in Section F lie-he-� 5. Any grievance which the City's management may have against the Union shall be reduced to writing and submitted, no later than ten (10) working days after having been made reasonably aware of the issue, to the President of the Union local with a copy to the staff representative. The Union President shall 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 Section F below. Section F Final R 1ution of Grievance Disputes. Either party to this Agreement may refer unsettled grievances which concern provisions of this Agreement to Arbitration. 1. A requet the reply of the City Manager, designee, unless the time shall request shall identify the pr the request for Arbitration and m kin -g ---the request---seeks—to—resolve. or be sha i. -days after the Union President as applies, or his extended by mutual agreement. Such ich is •• set forth the issue which the party 11 1. A request for Arbitration shall be in writing and shall be submitted to the other party not more than ten (10) calendar days after AFSCME Contract 1990 - 12 - 2/1 /90 the reply of the City Manager, or the Union President as applies, or his designee, unless the time shall be extended by written mutual agreement. Such request shall identify the previously filed grievance which is the basis for the request for Arbitration and shall set forth the issue which the party making the request seeks to resolve. 2. The Arbitrator may -be selected by mu-tual agreement request PERC to assign a+ Arbitrator from its staff. 2. The Arbitrator may be selected by mutual agreement between the City Manager and the Union. In the event the parties cannot agree on the selection of the Arbitrator within ten (10) calendar days after the request is filed, then either the City Manager or the Union may request PERC to assign an Arbitrator from its staff. Provided that if the parties mutually agree, the parties may request a list of nine (9) arbitrators, from either PERC, AAA, or FMCS. Within five (5) days from the receipt of the list the parties shall meet and alternately strike names from the list until one (1) name remains, who shall serve as arbitrator. The party to strike the first name shall be determined by a coin flip. 3. The Arbitrator shall be limited to determining whether the City of the Union has violated or failed to apply properly the terms and conditions of this Agreement. The Arbitrator shall have no power to destroy, change, delete from or add to the terms of this Agreement. 4. The Arbitration hearing shall be convened within thirty (30) calendar days after the selection process is completed. PERC rules and procedures shall govern the hearing. 5. 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. 6. Cost of the Arbitration shall be shared equally by the parties, including the Arbitrator's fee and expenses; room rental, if any, and cost of the record. 7. Each party shall bear the cost of the preparation of its own case. AFSCME Contract 1990 - 13 - 211 /90 ARTICLE VII - PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media, nor otherwise make public disclosure, during pre -impasse negotiations of a collective bargaining agreement. ARTICLE VIII - BUSINESS LEAVES Section A Members representing the Union, not exceeding three (3) 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, or for 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. Section B Such -offie rs and members of the Union may -he designated by the Union, not to exceed three (3) in n -d -tuber at any one time (except fer attending labor conventions when the number shall not exceed seven (7) at any one - om duty with ventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least ne aw ick prior thereto to the Department Head, and provided further that the total leave for the bargaining unit for the purpose set forth in this section shall Section B Such officers and members of the Union may be designated by she Union, not to exceed three (3) 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, such as attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be requested and approved at least one week prior thereto by the Department Head, and provided further that the total vacation leave for the bargaining unit for the purpose set forth in this section shall not exceed fifteen (15) days in any fiscal year. Sect-ion---Shop—Ste-war-ds—Chep—S-tewards--shall be—allowed—up—to—one hour per month--with—p-a-3 for sip:: - - . ed during the AFSCME Contract 1990 - 14 - 2/1 /90 steward's work shi - - • - - (5) per City departrnerrt er a City wide total of eighteen (18). Section C Shop Stewards. Shop Stewards shall be allowed up to one 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 department or a City-wide total of eighteen (18). The Union shall keep the City notified of the current Shop Stewards and local Union officers. ARTICLE IX - EMPLOYEE RIGHTS 1. An employee shall have the right, upon request, to inspect his/her personnel file. No material referring to the employee's job competence or conduct shall be placed in the file without the employees knowledge and the opportunity to attach his/her comments. A copy of any entry pertaining to job competence or conduct will be given to the employee by the initiating department. 2. With the exce-ptien of the initial d-isc sion of a subject to the grievance procedure. 2. The initial discussion of a probationary, special or annual performance evaluation shall take place solely between an employee and his/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. Appeals of performance evaluations and disciplinary actions shall be made in accordance with Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 3. Except as otherwise provided in State law, City Charter or Civil Service Rules and Regulations, off-duty activities of an employee shall AFSCME Contract 1990 - 15 - 2/1 /90 not be cause for disciplinary action unless such activity is detrimental to the employee's performance on the job. 4. 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 circulating memorandum) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature. Employees shall comply with all existing rules that are not in conflict with the express items of this Agreement, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule. Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. 5. The City agrees to establish a Safety and Health Committee in accordance with WAC 296.24.045. Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City. Unresolved complaints of violations of Washington Industrial Safety and Health laws may be referred to the Washington State Department of Labor and Industries, Industrial Safety Division, for investigation. 6. An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this Agreement according to the terms set forth without reprisal, repression., intimidation, prejudice or discrimination. ARTICLE X - MANAGEMENT RIGHTS Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy. Furthermore, the City reserves all customary management prerogatives including, but not limited to, the right to: AFSCME Contract 1990 - 16 - 2/1 /90 Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified hereinabove, or any other claimed prerogative may seek his/her remedy by the grievance procedure provided in the Agreement. ARTICLE XI - LABOR MANAGEMENT COMMITTEE The City and the Union shall cooperate to provide the public with efficient and courteous service, to encourage good attendance of employees and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. In order to accomplish these goals, a Labor -Management Committee shall be established consisting of three Union members chosen by the Union and the Union business representative; the City Manager or his designee and one management team member chosen by the City Manager; and two City Council members chosen by the Council. The Labor -Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen working days from the date of a request for a meeting by a party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at issue. ---prior to the mewing, a written age -oda shall be prepared by the party the—ether—parties. A final agenda shall be established three 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 three working days prior to the date of the meeting. Items not on the agenda shall not be discussed at the meeting unless mutually agreed by all parties. Disposition of matters covered in a labor relations meeting shall not contradict, add to, or otherwise modify the terms and conditions of the contract between the City and the Union but shall approach the matter(s) at issue with a problem -solving effort. AFSCME Contract 1990 - 18 - 2/1 /90 1. Establish, plan for, and direct the work force toward the organizational goals of the municipal government. 2. Determine the organization, and the merits, necessity and level of activity or service provided to the public. 3. Determine the City budget and financial policies including accounting procedures. 4. Establish, regulate and administer a personnel system, in conformity with the City Charter and Civil Service Rules and Regulations, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions. 5. Discipline or discharge of employees for cause as provided by the General Ruffles and Regulations of the City's Charter Civil Service Commission and in conformity with this Agreement. 6. 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. 7. Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. 8. 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 XXIII, Section 5. 9. Relieve any employees from duty due to lack of work or insufficient funds. 10. Take all actions necessary to carry out the mission of the City in emergencies. The above --cited management rights are not to be interpreted as being all inclusive, but merely indicate the type of rights which belong to the City. It is understood that any of the rights, power and authority the City had prior to the signing of this Agreement are retained by the City. AFSCME Contract 1990 - 17 - 2/1/90 ARTICLE XII - SOCIAL SECURITY The City will continue to provide the employer's share of FLSI (Social Security) coverage for the employees covered in the bargaining unit. ARTICLE XIII - EQUAL OPPORTUNITY CLAUSE In accordance with Revised Order No. 4 implementing U.S. Executive Order 11246, Equal Employment Opportunity Act of 1972 and the Vocational Rehabilitation Act of 1973 as amended and implementing regulations, it is the policy of the City of Yakima and the Union to not discriminate against any employee or applicant for employment because of race, color, religion, age, sex or national origin, marital status or handicap. ARTICLE XIV - CONTRACTING WORK The City agrees that no permanent employee shall be laid off as a direct result of the City contracting work currently done by City employees. ARTICLE XV - STRIKES AND LOCKOUTS PROHIBITED The Union shall neither cause, encourage nor counsel employees within the bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to perform any customarily assigned duties; provided, however, in the event the laws of the State of Washington should be changed so as to allow the right to strike, or to substitute therefor any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the Terms of any such law or change of law. The City agrees that during the term of this Agreement, there will be no lockouts. However, a complete or partial reduction of operations for economic or other compelling business reasons shall not be considered a lockout. In addition, if an employee is unable to perform his/her duties AFSCME Contract 1990 - 19 - 2/1 /90 because equipment or facilities are not available due to a strike, work stoppage or slowdown by any other employees, such inability to proviide work shall not be deemed a lockout. ARTICLE XVI -• UNION CONSTITUTION AND BY LAWS Upon request of the City Manager or his designate, the Union prompt- ly shall furnish to the City Manager a current copy of the constitution, by laws and any other rules or regulations of the Union; and a copy of any revisions of such constitution, by-laws or any other rules or regulations shall be promptly furnished by the Union to the City Manager. ARTICLE XVII - MATERNITY LEAVE AGREEMENT Pregnancy will be treated as any other disability. An employee may work with her doctor's consent as long as she is able and if not able, will be put on disability in accordance with the Municipal Code and as governed by RCW Chapter 49.60 and WAC 162-30-120. ARTICLE XVIII - SALARIES AND FRINGE BENEFITS Salaries and Fringe Benefits. 1. Wages 1987. Effective July 1, 1987, the compensation plan for the bargaining unit which was executed February 8, 1985, shall be increased by two percent (2%). 2. Wages 1988. Effective January 1, 1988, the compensation plan for the bargaining unit in effect as of December 31, 1987 shall be increased by the percentage increase in the U.S. Cities West Index C experienced between June 1986 and June 1987. Said wage increase shall not be less than two percent (2%) nor more than five percent (5%). 3. Longevity. City Code Section 2.24.010, Subparagraph A and Article XVII, Subparagraph 4, shall be amended to provide, effective January 1, 1984, the following change in longevity pay schedule: AFSCME Contract 1990 - 20 - 2/1 /90 Longevity Compensation Years Service Percentage of Base Pay At least 60 months and less than 120 months At least 120 months and less than 180 months At least 180 months and less than 240 months 240 months or more 4. Medical Insurance a. Employee Coverage -- For the period January 1, 1987, through December 31, 1988, the City shall pay the total monthly medical insurance premium for each employee who is eligible to enroll in the group medical program. Medical cost containment provisions effective January 1 and July 1, 1987 and cost containment provisions effective January 1, 1988 are included in Attachment A. b. Dependent Coverage -- For the period January 1, 1987, through December 31, 1988, the City shall pay the total monthly medical insurance premium, in accordance with basic policy provisions in effect for employees, for employee with spouse, and/or dependents who are eligible to enroll in the group medical program. c. Retiree Coverage 1) Upon payment of the premium as required in C.(3) herein, retirees may elect to remain in the group medical plan until they reach age 65. 2) Spouses of retirees may remain in the group medical plan until they reach age 65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. 3) Other dependents of retirees may remain in the group medical plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such AFSCME Contract 1990 - 21 2/1/90 4 dependent insurance coverage would cease regardless of the age of the dependents. Retirees, or spouses of deceased retirees, shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for coverage of active City employees and dependents as applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 5. Vision Care. For the period January 1, 1987,.through December 31, 1988, the City shall pay the total premium to provide a major medical vision care program for employees and their eligible depen- dents in accordance with the following schedule av Eye Examinations -- 100% up to $45.00 once in any calendar year. b. Spectacle Lenses Single Vision Lenses Bifocal Lenses Trifocal Lenses Lenticular Lenses c. Frames -- one pair each 24 calendar months @ 100% to 80% UCR 80% UCR 80% UCR 80% UCR $60,.00 d. Contact lenses -- when medically necessary following surgery 80% UCR e. Cosmetic contacts paid up to regular frame and Tense amount once each 24 months. 6. Dental Insurance. The City shall pay the total premium for Dental Plan V Washington State Council of County and City Employees Health and Welfare Trust, that premium to be in the amount prescribed by the Trustees of the Washington State Council of County and City Employees Health and Welfare Trust. AFSCME Contract 1990 - 22 - 2/1 /90 7. Life Insurance. For the period January 1, 1987, through December 31, 1988, the City will provide, without cost to the employee, $5,000 in face amount of life insurance. 8. Wellness Committee. A representative from this bargaining unit will be appointed to the Wellness Committee when formed. This Committee will discuss such topics as heartlife programs and physical exam coverage. ARTICLE XIX - SICK LEAVE acjan_A_Assiiial. Sick leave with pay is established as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows: 1. All full-time employees, shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City. Said accrual shall be prorated for permanent part-time employees. 2. Unused sick leave shall be cumulative for succeeding years to a maximum of 1040 hours. Employees whose sick leave balance exceeds the aforementioned maximum as of December 31, 1981 shall be permitted to retain that overage until such time as use reduces the balance below 1040 hours. No additional credits will be subsequently allowed above 1040 hours. Section B Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following rea- sons: 1. Personal illness or physical incapacity resulting from causes beyond employee's control; 2. Verified visits to a physician or dentist for examination and/or treatment. 2. Verifiable visits to a physician or dentist for examination and/or treatment. disease. 3. Quarantine of employee due to exposure to a contagious AFSCME Contract 1990 - 23 - 2/1/90 4. On the job injuries pay, who is eligible for --time Compensation Law shall, for the duration of such payment, receive only that portion of the employee's regular salary which, together with said paymens, wi11 equal the employe ' _ • - - not to work an undue hardship on the -- : - -- • - - - _ involved in time loss payments, the employee shall be paid full salary and on receipt of time loss pa. •• - • _ - - - : - City. The employee shall . _ . : - : • . . : wr-ti.en oft-he employee's regular salary for which the City is not reimbursed by the Workman's Compensation payments endorsed to the City. 4. 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. At the option of the employee, the employee can retain herlhis time loss payment. Employees retaining the time loss payment can continue to use accumulated sick leave. Any employes receiving sick leave with 5. The death of a member of the immediate family of an employee or employee's spouse. For purposes of this subparagraph, the term "immediate family" means any husband, wife, parent, grandparent, child, grandchild, brother or sister. No leave of absence in excess of three days for a family death shall be taken by an employee unless additional leave is recommended by the employee's Department Head and approved by the appointing authority. 6. Care for a child of the employee under the age of 18 years of age with a health condition that requires verifiable treatment or supervision. 6. Serious in with and constituting an emergency or --crisis. purpose must b° - •• the Department --Head, • AFSCME Contract 1990 2/1/90 - 24 - F employee's dependent upon—the employee, Any sick leave granted for this .:- and approved by 7. Serious injury or illness to other members of employee's immediate family living with and dependent upon the employee, con- stituting an emergency or crisis. Any sick leave granted for these purposes must be approved by the Division Manager or Department Head. 8. Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer. Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory time, in -lieu time, or their personal holiday in lieu of sick leave subject to the requirements of Sections C and D of this Article.. Section C Requirements for All Paid Sick Leave. I. Every employee must report to the representative desig- nated by his Department Head the reason for the absence as far in advance of the starting of his scheduled work day as possible. Generally, this report should be made no later than one-half hour after the starting time of the shift on the first day of absence. 2. An employee must keep his Department Head informed of his condition if absence is of more than three working days in duration. 3. For each absence an employee must submit upon the ap proved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury ex-te-nds beyend three working days, or fer each absence, if requested by the Department Head. 3. For each absence an employee must submit upon the ap- proved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three working days, or for each absence, if requested by the Department Head. If a physician's statement is to be requested by the Department Head, the employee shall be so notified before his/her return to work. 4. Employees must permit home visits or medical examinations at the expense and convenience of the City. AFSCME Contract 1990 - 25 - 2/1 /90 4. Employees must permit home visits or medical examinations at the expense of the City and mutual convenience of the City and the employee. Section D Enforcement of Sick Leave provisions. 1. Any failure to comply with the provisions of Section C above shall be grounds for denial of sick leave with pay or other paiid leave taken in lieu of sick leave for the period of absence. 2. 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 suspension or discharge. 3. It shall be the responsibility of the Department Head or his designated representative to: a. Review all sick leave or other paid leave taken in lieu of sick leave and approve that which is bona fide and complies with the provisions of this section and forward approved time cards to the Personnel Department. The Personnel 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 Personnel Officer upon recommendation of the Department Head as indicated by his signing the time sheet and subject to the receipt of an approved application for sick leave pay or other paid leave taken in lieu of sick leave immediately upon the employee's return to work; b. Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave; c. Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use; d. 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. Section E Sick Leave Exchange. Any permanent employee may exchange accrued sick leave for pay or for additional leave time as appro- AFSCME Contract 1990 - 26 - 2/1 /90 priate, in accordance with the options provided the employee, subject to the following provisions: 1. Employees who have accrued less than 720 hours of sick leave may exchange sick leave for additional vacation days or for cash as follows: a. Upon retirement or death the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $6,250. b. Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to 720 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 calendar days notice. Effective January 1, 1988, maximum payment shall be $6,250. 2. Employees who have accrued 720 hours or more of sick leave may exchange sick leave for additional vacation days or for cash subject to the following provisions: a. 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, 1988, maximum payment shall be $12,500. b. 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, 1988, maximum payment shall be $6,250. c. Employees who have accrued more than 720 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. 3. Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided in Section E-1 or E-2 above AFSCME Contract 1990 - 27 - 2/1/90 at the option of the employee, subject to the following conditions and provisions: a. A request for such an exchange shall be made to the Finance Director. All requests shall be in writing and shall be signed by the employee making the request. b. Requests will be accepted only during the first five working days of each month with exchanged leave to be available within fifteen calendar days of the date the request is received by the office of the Finance Director. Exceptions to the above will be made for termination, lay off or disability retirement. c. No request will be granted for less than eight hours pay or a minimum of three days leave. d„ No exchange will be granted to an employee who has been terminated for cause. e. In the event of layoff, exchange requests are the responsibility of the employee. ARTICLE XX - LAYOFF In the event that it becomes necessary to amend the layoff procedure in the Civil Service Rules, the City and the Union shall cooperate to develop layoff procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE XXI - VACATION Employees shall be granted annual vacation pursuant to the following conditions: 1. All full time employees shall accrue vacation with pay as follows: AFSCME Contract 1990 - 28 - 2/1/90 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 14.67 hours per month years (176 hours per year) Said accruals shall be prorated for permanent, part-time employees. 2. Employees shall be allowed to accrue a total amount of vaca- tion time equal to the amount which can be earned in two years. 3. Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article XIX, Section C and D provided the employee immediately upon becoming ill, notifies the division manager and presents to the division manager upon return to work a physician's certificate stating the nature of the illness and the length of the incapacity. ARTICLE XXII - HOLIDAYS The following shall be recognized an -d observed as paid holidays: New Year's Day; Lincoln's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; day after Thanksgiving Day; Christmas and one personal holiday. Effective December 31, 1-hg:8 Lincol observed paid holidays—and-1W paid holiday. AFSCME Contract 1990 - 29 - 2/1/90 The following shall be recognized and observed as paid holidays: New Year's Day; Martin Luther King's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; day after Thanksgiving Day; Christmas and one personal holiday. Section A Personal Holiday, The personal holiday may be taken subject to the following conditions: 1. The employee has been or is scheduled to be continuously employed by the City for more than six months, and 2. 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, and 3. The Division Manager has approved the day, and 4. 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 5. 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. Section B General Holidays. 1. 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 hol'day 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. 2. For employees scheduled off other days: Whenever a holiday falls on a regular day off the employee shall be granted an equiv- alent day off within 30 days of the holiday with such day off to be scheduled by the Division Manager, but giving the employee the choice of the day preferred if possible. AFSCME Contract 1990 - 30 - 2/1 /90 3. 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. 3. Sewer Division Holidays: Thanksgiving, Christmas and New fall within the Individual employees -an -d ---management may make mutually Wastewater Superintendent as -early as po&si-ble, but no la -ter than 30 days prior to the werki-n-g holiday. Approval of time off is at the discretion of management depend -twat u -pen operational circumstances. 'l. A requests) for release from holiday duty will be acted upon by the Division Manager at lea&t 1-0 days prior to the holiday. not demand to work the holiday. h must be covered, or in case of an 5. If a holiday falls en a normal day off, an equivalent day off will be granted to be scheduled within 90 days of the holiday. Time and one half will be paid for the hours worked on a holiday in addition to the employee's rate of pay. At the em-ployee's option, the premium holiday pay shall be received or the employee +nay be paid at straight time with • .. eing granted off within 90 days. If not speeffied—here—the—general—holiday—agreement applies: 4. Sewer Division Holidays: Thanksgiving, Christmas and New Years shall be non -working holidays except for emergency coverage in accordance with the rules established by the Division Manager. Holidays other than the three stipulated holidays shall be worked if assigned if they fall within the scheduled work week. AFSCME Contract 1990 - 31 - 2/1 /90 Individual employees and management may make mutually satisfactory arrangements which allow time off rather than work on the non -working holidays. Requests for release from holiday duty shall be submitted to the Wastewater Superintendent as early as possible, but no later than 30 days prior to the working holiday. Approval of time off is at the discretion of management dependent upon operational circumstances. A request(s) for release from holiday duty will be acted upon by the Division Manager at least 10 days prior to the holiday. 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. If a holiday falls on a normal day off, an equivalent day off will be granted to be scheduled within 90 days of the holiday. Time and one-half will be paid for the hours worked on a holiday in addition to the employee's rate of pay. At the employee's option, the premium holiday pay shall be received or the employee may be paid at straight time with the equivalent of 1-112 days being granted off within 90 days. If not specified here the general holiday agreement applies. S. Refuse Division Holidays: Holidays shall be worked as as- signed except as modified below. 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. Provided, however, that when these holidays fall within the work week, uncollected refuse on these days will; be collected on a weekend or other alternate day to be set by the Division Manager and employees working the alternate day will be paid at the overtime rate for all hours over 40. If not specified here, the general holiday agreement will apply. 6. Police Division Holidays: Due to the round-the-clock character of Police Department ser- vices, it is often necessary to assign members of the bargaining unit to work on holidays. AFSCME Contract 1990 - 32 - 2/1/90 If an employee is assigned to work on one or more of the designated ten (10) holidays, he or she may, at least thirty (30) days prior to the upcoming holiday: 1. Request that day off, or 2. Request a day off in lieu of the day in question. The alter- nate day off may be specified at the time of the request or established at a later date. If, in Management's discretion, either of the above types of requests are not approved, the employee shall be compensated at time and one-half pay for all hours worked on the assigned holiday. This is in addition to the regular, straight time pay due. The same pay conditions will hold for employees who have not requested the day off but have been assigned to, and perform, work on the holiday. If a request is approved for an in lieu day off, and a specific date has not been designated by the employee, a subsequent request to Management should be submitted at least thirty (30) days prior to the desired day off. In the event Management does not approve the requested in lieu day off or subsequently assigns an employee to work on a previously approved in lieu day, compensation shall be made at time and one-half pay for all hours worked. This is in addition to the regular straight time pay due. It is the employee's responsibility to make requests for appropriate holiday time off. If in lieu days accumulate, they will be lost at calendar year end unless they have been previously specified per the conditions of these provisions. 7. 10/4 Schedule: Employees working a 10/4 schedule shall earn ten (10) hours credit per holiday listed above. All other provisions of this Article will continue to apply. ARTICLE XXIII - WORK WEEK PROVISIONS Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below. Employees' schedules will conform to the provisions of this Article unless specifically modified by an Addendum to this contract, as provided for in Section 9. AFSCME Contract 1990 - 33 - 2/1 /90 Section 1 Full-time and Permanent Seasonal Employees a. Work Day. Employees will be scheduled to work a day of eight (8), ten (10) or twelve (12) consecutive hours within a 24 hour period. b. Work Week. The work week shall consist of five con- secutive 8 -hour days with 2 consecutive days off, or 4 consecutive 10 -hour days with 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 andend on regularly established days of the week. d. Meal Periods. The work day will provide for at least a one-half (1/2) hour unpaidmeal period to be scheduled as near mid -shift as possible. e. Rest Periods. The City shall provide employee 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. Eection__ 2 - Permannt Part -Time Em llooyees a. Schedules. 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. b. Work Dai. Part-time employees may be assigned to a work day of eight hours or less and scheduled for consecutive hours of work. c. Work Week. 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. AFSCME Contract 1990 - 34 - 2/1 /90 d. Regular Hours. Permanent part-time employees will be scheduled to a work day with regular starting and ending times and scheduled to begin and end the work week on regularly established days of the week. e. Meal Periods. Part-time employees will be entitled to at least a one-half hour unpaid meal period after four (4) hours of work which the City will provide if the employee requests the time. f. Rest Periods. Part-time employees will be provided a 15 minute paid rest period for each continuous four (4) hour period the employee works. Section 3 - tin -Call Em llooyees 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 filling in. Section 4 - Minimum and Maximum Shift No employee will be scheduled to a regular shift of less than four (4) consecutive hours except in the Transit Division or Parks and Recreation Divisions. No employee shall be scheduled to a regular shift of greater than 12 consecutive hours. Section 5 Work Schedule Changes. Any overall, long term change in work schedules will be discussed between the City and the Union prior to implementation. The City may change the regular starting and quitting times and the days worked in a week with five (5) work days notice prior to the effective date of the new schedule. The five (5) work day notice may be waived upon written mutual agreement between Management and the effected employees. Although reasonable warning will be given whenever possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to cover for the absences of another employee due to termination, resignation, vacations, or sick leave. Other than the reasons cited above, an employee's work shift shall not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or AFSCME Contract 1990 - 35 - 2/1 /90 called to work before the regular starting time or retained to work beyond the regular quitting time. Section 6 Emergency. Situations. The City shall determine when an emergency situation exists and an emergency shall be definedas a sudden, unexpected event which creates a situation endangering the public or employees health and/or safety. In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees. However, management will endeavor to preserve employee work schedules whenever possible. Sgc.thoa..2 Transit. It is recognized that Transit operations are unique and that normal City hours of work and rest period provisions cannot be applied. Transit operators shall be scheduled to work by bidding on routes according to the Transit Division traditional system. Route schedules may be for consecutive hours or for a split shift. The work week may consist of non-consecutive work days. Such exceptional work schedules shall have established starting and quitting times for each day, shift and shift part. Seniority shall prevail in the bidding for routes and in work week selection. Routes will be scheduled to provide a regular opportunity or the drivers to leave the bus. Section 8 Parksp L. 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. Section 9 - Water Treatment Plant All of the operators at the City's Water Treatment Plant will rotate every twenty-eight (28) days from days to nights and nights to days, as applicable. The relief operator responsibilities are also rotated every three months. Under this work schedule, the hours are split forty- six (46) hours one week and thirty-one (31) hours the next week. The AFSCME Contract 1990 - 36 - 2/1 /90 work week begins 6:00 a.m. each Sunday. Under this arrangement, the employees will be changed from their current salary pay status to hourly pay status. Thus, the employees will be paid over -time for six overtime hours worked in the 46 hour week (46 divided by 40=6). The next week the employee will work and be paid for a scheduled thirty-one (31) hours. This will facilitate the payment of overtime to the employees for working more than forty (40) hours in one week. Section 10. - Addenda Recognizing the diversity of the work force in the Bargaining Unit, the Union and the City agree that other work week provisions may, from time to time, be required for various groups of employees. It is therefore, agreed that alternative work week provisions may be adopted. These alternative provisions will be adopted as written Addenda to this contract and will require approval of the City and the Union and a majority of the employees covered by the Addenda. ARTICLE XXIV - OVERTIME Employees who are required to work more than 40 hours in any work week shall be paid one and one-half times the regular rate of pay for credited time in excess of 40 hours per week. Credited time shall be in fifteen (15) minute increments. However, compensating time off at the time and one-half rate in lieu of overtime pay may be requested by the affected employee. In that case, compensating 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 compensating time off. Compensatory time compensatory time in excess of 5 days shall remain until used. Compensatory time off may be accrued to a maximum of 40 hours unless the City Manager approves additional accrual because of an emergency or other unusual circumstance. Provided, however, existing compensatory time in excess of 40 hours shall remain until used. Time spent by an employee beyond the normal working day for train- ing classes or travel for same shall not be considered overtime work. AFSCME Contract 1990 - 37 - 2/1 /90 Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay. The City shall grant time off to eat to any employee who is requested to and does work two hours beyond the regular quitting time. The employer shall grant 30 minutes to eat every four hours thereafter while the employee continues to work. In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall insure the employee obtains a meal though at the latter's expense. ARTICLE XXV - CALL OUT PAY A minimum of two hours pay at the time and one-half rate will be paid to an employee who is called to return to work after leaving the work site at the completion of the shift or is called to work on a day off. Call out time is counted from the time the employee begins work until the employee is released from the workplace. ARTICLE XXVI - SHIFT DIFFERENTIAL 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 4% per hour over base pay will be paid for all hours worked within the stipu- lated period to the nearest one-half hour. Persons working overtime past their normal shift will not be entitled to payment under this article unless all of the scheduled hours of the second shift are worked. Transit operators who work a split shift or split work week shall receive 4% shift differential for 20 hours per week. Operators who work both split shift and split work week shall receive 4% differential for 30 hours per week. ARTICLE XXVII - HEALTH HAZARDS/INNOCULATIONS For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human or animal waste, the City will AFSCME Contract 1990 - 38 2/1/90 arrange and provide for inoculations or vaccines recommended by the Yakima County Health Officer. ARTICLE XXVIII - PERMANENT PART-TIME EMPLOYEES PERMANENT ON-CALL EMPLOYEES PERMANENT SEASONAL EMPLOYEES Whenever possible permanent part-time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. Permanent part-time employees may work on an "on-call" basis and be asked to report daily to their duty station to determine if their services are needed for that day. Such employees will receive compensation only if their services are needed. 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. 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 time off in accordance with the provisions of this Agreement. It is recognized and expected that permanent part-time and on-call employees may be assigned work to fill-in while permanent full-time employees are absent due to vacation, illness, or other cause which may preclude the assignment of a specific work schedule and therefore not considered to have a regularly scheduled work shift. Permanent part-time employees will be eligible to receive overtime payments in accordance with Article XXIV only if they work more than 40 hours in any calendar 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 40 hours in the work week. The provisions of Article XXV, Call Out Pay, shall not apply to permanent part-time, on-call or seasonal employees. Permanent part time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this ted to reflect the actual percentage of time worked. In 50%, 75%, or 100%, as determined by the appointing authority, of the AFSCME Contract 1990 2/1/90 - 39 - accrual rate. Employee reflec accrual rate. Permanent part-time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked. In order to facilitate crediting to those accounts, permanent part-time, on-call, and permanent seasonal employees benefits will be initially assigned to 50%, 75%, or 100%, as determined by the appointing authority;, of the accrual rate. Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates. Holiday time will be adjusted annually. ARTICLE XXIX - ENTIRE AGREEMENT This Agreement constitutes the complete and entire Agreement be- tween the parties and neither the City nor the Union shall be bound by any requirement not specifically stated in this Agreement or applicable Civil Service rules. The parties are not bound by the past practices or under- standings of the City or the Union unless such past practices or understandings are incorporated in this Agreement. The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter not removed from the collective bargaining process by law and regarding wages, hours, and working conditions and agree that all said proposals have been negotiated during the negotiations leading to this Agreement. The parties further agree that negotiations will not be reopened on any item during the life of this Agreement except by the mutual consent or as provided in Article IV, Section C, Negotiations Timetable. ARTICLE XXX - SAVINGS CLAUSE It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto, however, such invalidity shall not affect the remaining Articles of the this Agreement. AFSCME Contract 1990 - 40 - 2/1 /90 ARTICLE XXXI - TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 1987, and shall terminate on December 31, 1988: provided, however, that this Agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto during the term hereof. Recommended By: Kenneth Coffin Chief Negotiator AFSCME Local 1122 Frederick C. Stouder Chief Negotiator City of Yakima EXECUTED by the parties hereto this day of , 19 City of Yakima By: A i"PEST: City Clerk AFSCME Contract 1990 - 41 2/1/90 City Manager The Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO By: President ATTACHMENT A AFSCME COST CONTAINMENT PROVISION$, 1. Deductible - Effective 1/1/88, the deductible will be increased to $50.00 per individual semi-annually to a maximum of $100 per year. The family deductible will be increased to $100 semi-annually to a maximum of $200 per year. 2. Alcohol/Substance Abuse - Effective 7/1/87, both in-patient and out-patient treatment covered by major medical, with a lifetime payment not to exceed $3,000. Patients must- complete treatment for the treatment to be covered by the plan. Out-patient treatment must be on a plan submitted and approved as comparable to in-patient treatment (excludes attending AA or similar programs as an only source of treatment. 3. Chiropractic Coverage. Effective 7/1/87, coverage will be limited to one initial visit with two (2) sets of x-rays plus 24 follow-up visits in a 12 month period with a maximum payment of $25.00 per visit. 4. Cost Containment Measures a. Generic druga - Effective 1/1/87, paid at 100% with no deductible. b. Maternity benefits - Effective 7/1/87, $150 bonus paid if hospital stay is 48 hours or less. c. pre -Admission testing - Effective 7/1/87, out-patient department charges for pre -admission testing for surgery made by a hospital where the patient will be confined for the surgery will be paid in full with the deductible waived. Confinement must occur within seven (7) days after testing. If performed while confined as a hospital in-patient, all related charges incurred for testing prior to scheduled surgery (including but not limited to hospital room and board and laboratory charges) will be reimbursed at 60% in excess of the deductible. d. Second Surgical Opinion - Effective 7/1/87 the following list of surgical procedures, when surgery is recommended, will require a second opinion from another physician as to the need for surgery. The physician rendering such opinion must be qualified to render such a service, either through experience, specialist training or education, or similar criteria, and must not 're affiliated in any way with the physician who will be performing the actual surgery. The physican's charge for the second opinion, including any additional diagnostic tests, will be paid in full, with the deductible waived. When a second opinion is obtained, whether confirming or not, covered charges for the surgery will be payable under this Plan in accordance with all Plan conditions, exclusions, and limitations. AFSCME - Attachment A 1 If a second opinion is not obtained, covered charges (including but not limited to hospital room and board and ancillary charges and surgeons' fees) for the surgery and any expenses related to the surgery will be reimbursed at 60% in excess of the deductible _:nless it is demonstrated that a medical emergency existed and the surgery could not be delayed for the time necessary to obtain a second opinion. If the first two surgical opinions are not confirming, covered charges for a third opinion will be payable under this Plan in accordance with all Plan conditions, exclusions, and limitations. SECOND OPINION SURGICAL PROCEDURES Back Surgery Joint Surgery Breast Surgery Kidney Surgery Foot Surgery Nose or Nasal Surgery Gallbladder or bile duct surgery Prostate surgery Heart or vascular surgery Removal of adenoids Hernia surgery Removal of tonsils Jaw surgery Stomach or gastric surgery Thyroid surgery Uterine surgery (hysterectomy) Varicose vein surgery e. Audit - Effective 7/1/87, reimburse payment to patient of 50% of the amount of overbil1ings found and collected up to a maximum of $200. f. Weekend Admission - Effective 7/1/87 benefits for room and board charges by a hospital will not be payable for the Friday, Saturday, and/or Sunday of a confinement if the patient is admitted on one of these days, unless: 1) The confinement is for emergency treatment or service; or 2) A surgical operation is scheduled for the day after the date of admission; or 3) Medical treatment, requiring hospital confinement, is scheduled for the day after the date of admission. AFSCME - Attachment A 2