HomeMy WebLinkAboutR-1996-020 Bargaining agreementRESOLUTION NO. R-96- 2 0
A RESOLUTION authorizing and directing the City Manager and City Clerk of
Yakima to execute the 1996-1997 collective bargaining agreement
with the Washington State Council of County and City Employees
representing Local 1122-Transit of the American Federation of
State, County and Municipal Employees, AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor negotiations have
occurred between the City and Washington State Council of County and City py and
rrepresenting Local 1122-Transit of the American Federation of State, Cou
Municipal Employees, AFL-CIO, resulting in the attached the 1996-1997 collective
bargaining agreement, and
WHEREAS, the City of Yakima and AFSCME Local 1122 have a long standing
collective bargaining history which has included wage adjustments contained within
collective bargaining settlements being enacted as an emergency ordinance whereby wage
adjustments are implemented immediately,
WHEREAS, the City of Yakima and AFSCME Local 1122 negotiated and agreed
that the wage adjustments for 1996 be retroactive to January 1, 1996 and the 1996-1998
collective bargaining agreement and related ordinances be enacted as an emergency
ordinance,
WHEREAS, the City Council deems it to be in the best interests of the City that
the collective bargaining agreement be executed immediately by the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized
and directed to execute the 1996-1997 collective bargaining agreement with the
es, Local
of the
it
Washington FederationState Council of of State, Counttyy and Municipand City allEmployees, AFL-CIO, as
American copy of
which is attached hereto and by reference made part hereof.
ADOPTED BY THE CITY COUNCIL this ( Q day of February, 1996.
ATTEST:
CITY CLERK
9Gp -7
COLLECTIVE BARGAINING
AGREEMET
Between
City of Yakima, Washington
and
Council 2,
Washington State Council of County and City Employees
Representing
Local 1122
[1122-(T)]
[transit bargaining unit]
of the
American Federation of State
County and Municipal Employees,
AFL-CIO
EFFECTIVE
JANUARY 1, 1996 THROUGH DECEMBER 31, 1997
TABLE OF CONTENTS
COLLECTIVE BARGAINING AGREEMENT 4
ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT 5
ARTICLE II - UNION MEMBERSHIP 5
ARTICLE III - COLLECTIVE BARGAINING 6
ARTICLE IV - PUBLIC DISCLOSURE 8
ARTICLE V - CODE PROVISIONS 8
ARTICLE VI - UNION CONSTITUTION AND BY LAWS 9
ARTICLE VII - BUSINESS LEAVES 9
ARTICLE VIII - EMPLOYEE RIGHTS 10
ARTICLE IX - MANAGEMENT RIGHTS 12
ARTICLE X - LABOR MANAGEMENT COMMITTEE 13
ARTICLE XI - CONTRACTING WORK 14
ARTICLE XII - STRIKES AND LOCKOUTS PROHIBITED 14
ARTICLE XIII - REDUCTION IN FORCE 15
ARTICLE XIV - GRIEVANCE PROCEDURE 15
ARTICLE XV - SOCIAL SECURITY 19
ARTICLE XVI - EQUAL OPPORTUNITY CLAUSE 19
ARTICLE XVII - SALARIES AND LONGEVITY SCHEDULE 20
ARTICLE XVIII - SHIFT DIFFERENTIAL 21
ARTICLE XIX - OVERTIME 22
ARTICLE XX - STANDBY PAY 23
Effective upon execution, June 19, 1995
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 2
ARTICLE XXI - MEDICAL/DENTAL/VISION BENEFIT PACKAGE 23
ARTICLE XXII - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 25
ARTICLE XXIII - LIFE INSURANCE 26
Effective January 1, 1995
ARTICLE XXIV - HOLIDAYS 26
ARTICLE XXV - VACATION 28
ARTICLE XXVI - SICK LEAVE 29
ARTICLE XXVII - MATERNITY LEAVE AGREEMENT 34
ARTICLE XXVIII - BEREAVEMENT LEAVE 34
Effective September 29, 1994
ARTICLE XXIX - SENIORITY 35
Effective Upon Execution, June 19, 1995
ARTICLE XXX - CHANGE OF WORK STATUS 37
Effective Upon Execution, June 19, 1995
ARTICLE XXXI - WORK WEEK PROVISIONS 37
Effective Upon Execution, June 19, 1995
ARTICLE XXXII - PERMANENT PART-TIME EMPLOYEES 44
Effective Upon Execution, June 19, 1995
ARTICLE XXXII! - TRADING WORK 44
Effective Upon Execution, June 19, 1995
ARTICLE XXXIV - "ROADEO" 45
ARTICLE XXXV - ENTIRE AGREEMENT 45
ARTICLE XXXVI - SAVINGS CLAUSE 45
ARTICLE XXXVII - TERMINATION 46
ARTICLE XXXVIII - EXECUTION 46
Appendix A - WAGE GRID FOR 1996 47
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 3
COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT, made and entered into by and between
the City of Yakima, Washington, hereinafter called the
Employer and Council 2, Washington State Council of County
and City Employees, representing Local 1122, [1122-(T)],
Transit Bargaining Unit], of the American Federation of
State, County and Municipal Employees, AFL-CIO, hereinafter
called the Union.
WITNESSETH:
WHEREAS, Chapter 41.56 of the Revised Code of
Washington contemplates the execution of collective
bargaining agreements between cities and unions representing
government employees, the intent and purpose of such act
being the promotion of the continued improvement of the
relationship between public employers and their employees by
providing a uniform basis for implementing the right of
employees to join labor organizations of their own choosing
and to be represented by such organizations in matters
concerning their employment relations with public employers,
and
WHEREAS, the parties to this agreement recognize that
benefits accrue to Union employees of the City by virtue of
union membership, and that the best interests of the
citizens of the City of Yakima are served by the City's
official recognition of the Union.
NOW, THEREFORE, pursuant to Chapter 41.56 of the
Revised Code of Washington, and in accordance with the
intent and purpose thereof, and for the purpose of promoting
the morale, well being and security of the Union employees
of the City, and for the purpose of promoting the general
efficiency of the government of the City of Yakima, the
parties hereto agree as follows:
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 4
ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT
1.1: The City recognizes the Union as the exclusive
bargaining representative of the bargaining unit consisting
of all permanent Transit Division City employees, except the
Operations Supervisor, the Transit Manager, and those
person(s) appointed to exempt or unclassified positions, as
agreed by the parties in PERC Case Number 08382-C-90-00474,
and the Senior Project Planner (Transit) as agreed by the
parties in PERC Case Number 10654-C-93-626.
1.2: In accordance with RCW 41.56.050 through RCW 41.56.080,
an application for certification as exclusive bargaining
representative for an appropriate unit may be filed with the
Public Employment Relations Commission during a period of
not more than ninety (90) nor less than sixty (60) days
prior to the expiration date of this agreement.
ARTICLE II - UNION MEMBERSHIP
2.1: 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).
2.2: Payroll Deductions:
The City agrees to deduct Union fees, dues and other
assessments by the Union against its members within the
bargaining unit from the pay of employees who authorize the
City to do so, which authorization shall be in writing and
signed by each person authorizing such deductions, and filed
with the City. The 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, P. O. Box 750, Everett, Washington, 98206-0750,
the aggregate of such deductions, together with an itemized
statement, on or before the 20th day of each month following
the month for which deductions are made.
96 - 97 Agreement
AF8CE Local 1122
Transit Bargaining Unit
Page 5
The Union agrees to defend, indemnify and hold harmless
the City for any loss or damage arising from the operation
of this Article knowingly caused by the Union. It is also
agreed that neither any employee nor the Union shall have
any claim against the City for any deductions made or not
made unless a claim of error is made in writing to the City
within forty-five (45) calendar days after the date such
deductions were or should have been made.
2.3: Union Insignia:
Employees who are members of the Union, and in good
standing, shall be permitted, with the mutual agreement
of Transit Management, to wear while on duty, the
standard type of Union pin prescribed by their State or
International organization.
ARTICLE III - COLLECTIVE BARGAINING
3.1: Collective bargaining between the parties shall be
carried out by the City Manager, or his representatives, on
behalf of the City of Yakima, and a person or persons
elected by transit employees representing the Union. Said
collective bargaining committees shall not exceed four (4)
members each without mutual consent of the parties. The
Union Staff Representative and the City Manager shall
exchange in writing the names of the person or persons
representing the respective parties for collective
bargaining purposes.
3.2: Wages Hours and Working Conditions:
Where negotiable matters pertaining to wages, hours and
working conditions are fixed by various City Ordinances, the
City Manager shall give notice to the Secretary of the Union
with a copy to the Staff Representative of any proposed
enactment or repeal of, or any amendments to, any such
ordinance applicable to members of the bargaining unit.
Such notice shall be given no less than ten (10) days prior
to the first meeting of the City Council where such
ordinance is considered, and shall be in writing and contain
a copy of the ordinance proposed to be enacted or of the
proposed amendment, or shall refer by code number to any
ordinance proposed to be repealed. No ordinance affecting
wages, hours or working conditions of members of the
bargaining unit shall be enacted by the City Council unless
mutually agreed upon between the City Manager (or designee)
and the collective bargaining committee of the Union.
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AFSCME Local 1122
Transit Bargaining Unit
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3.3: Negotiations Time Table:
Per RCW 41.56.492 application of uniformed personnel
collective bargaining provisions to employees of public
passenger transportation systems - conditions. In addition
to the classes of employees listed in RCW 41.56.030(7), the
provisions of RCW 41.56.430 through 41.56.452, 41.56.470,
41.56.480, and 41.56.490 shall also be applicable to the
employees of a public passenger transportation system of a
metropolitan municipal corporation, county transportation
authority, public transportation benefit area, or City
public passenger transportation system, subject to the
following:
A) Negotiations between the public employer and the
bargaining representative may commence at any time
agreed to by the parties. If no agreement has been
reached ninety (90) days after commencement of
negotiations, either party may demand that the issues
in disagreement be submitted to a mediator. The
services of the mediator shall be provided by the
commission without cost to the parties, but nothing in
this Section or RCW 41.56.440 shall be construed to
prohibit the public employer and the bargaining
representative from agreeing to substitute at their
own expense some other mediator or mediation
procedure; and
B) If an Agreement has not been reached following a
reasonable period of negotiations and mediation, and
the mediator finds that the parties remain at impasse,
either party may demand that the issues in
disagreement be submitted to an Arbitration panel for
a binding and final determination. In making its
determination, the Arbitration panel shall mindful of
the legislative purpose enumerated in RCW 41.45.430
and as additional standards or guidelines to aid it in
reaching a decision(s), shall take into consideration
the following factors:
1) The Constitutional and Statutory authority of
the Employer.
2) Stipulations of the parties;
3) Compensation package comparisons, economic
indices, fiscal constraints, and similar
factors determined by the Arbitration panel
to be pertinent to the case; and
4) Such other factors, not confined to the
foregoing, which are normally or
traditionally taken into consideration in the
determination of wages, hours, and conditions
of employment.
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AFSCME Local 1122
Transit Bargaining Unit
Page 7
ARTICLE IV - PUBLIC DISCLOSURE
Neither party shall independently issue releases to any
news media, nor otherwise make public disclosure, during
Pre -Mediation negotiations as the parties work towards a
collective bargaining agreement.
ARTICLE V - CODE PROVISIONS
The following sections of the Yakima Municipal Code are
hereby incorporated by reference and made a part of this
Agreement. All sections listed shall be in accord with the
terms of this Agreement and in the event of a conflict the
terms of the Agreement shall prevail.
Section 2.04.030 - City Contributions A, A-4, 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.
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AFSCHE Local 1122
Transit Bargaining Unit
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Section 2.40.020 - Vacation Leave, Subparagraphs A, Submit
1, and Subparagraphs B, C, D, E.
Section 2.40.030 - Sick Leave.
Section 2.40.120 - Sick leave pool
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 VI - UNION CONSTITUTION AND BY LAWS
Upon request of the City Manager or his designee, the
Union shall promptly furnish to the City Manager a current
copy of the Union constitution and by laws, or any other
rules and regulations of the Union. Any revisions thereof
shall be promptly furnished by the Union to the City
Manager.
ARTICLE VH - BUSINESS LEAVES
7.1: Members representing the Union, not exceeding four (4)
in number, shall be paid at the applicable rate of pay for
actual time spent for all meetings between the City and the
Union for the purpose of negotiating wages, hours and
working conditions, terms of this agreement, or for
processing grievances. When such meetings take place at a
time during which any such members are scheduled to be on
duty, they shall be granted leave from duty without any loss
of pay. Actual time spent for meetings shall be limited to
the time spent in the meetings.
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AFSCME Local 1122
Transit Bargaining Unit
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7.2: Business Leaves:
Such officers and members of the Union may be
designated by the Union, not to exceed four (4) in number at
any one time shall be granted leave from duty with pay for
Union business, such as but not limited to attending labor
conventions and educational conferences, collective
bargaining preparations and civil service, provided that
notice of such conventions or conferences shall be requested
and approved by the Department Head, and provided further
that the total leave for the bargaining unit for the purpose
set forth in this section shall not exceed one hundred
thirty-five (135) hours in any fiscal year.
7.3: Shop Stewards:
Shop Stewards shall be allowed up to one (1) hour per
month with pay to attend shop stewards meeting(s). The
number of shop stewards in the bargaining unit shall be
determined by a ratio of one (1) steward per twenty (20)
members in the bargaining unit. The Union shall keep the
City notified of the current Shop Stewards and Local Union
Officers.
ARTICLE VIII - EMPLOYEE RIGHTS
8.1: An employee shall have the right, upon request, to
inspect their personnel file. No material referring to the
employee's job competence or conduct shall be placed in the
file without the employee's knowledge and the opportunity to
attach their comments. A copy of any entry pertaining to
job competence or conduct will be given to the employee by
the initiating department.
8.2: The initial discussion of a probationary, special or
annual performance evaluation shall take place solely
between an employee and their immediate rating supervisor.
Thereafter an employee may be accompanied by a Union
representative where job conduct or said performance
evaluation is reviewed in a conference with management. On
the job discussions between employee(s) and supervisor(s)
regarding job duties, assignments or performance shall not
be considered 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.
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Transit Bargaining Unit
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8.3: Except as otherwise provided in State law, City Charter
or Civil Service Rules and Regulations, off-duty activities
of an employee shall not be cause for disciplinary action
unless such activity is detrimental to the employee's
performance on the job.
8.4: Work Rules:
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.
8.5: The City agrees to establish a Safety and Health
Committee in accordance with WAC 296.24.045. Such committee
shall receive and investigate complaints of unsafe or
unhealthy working conditions and shall recommend appropriate
remedies to the City. Unresolved complaints of violations
of Washington Industrial Safety and Health laws may be
referred to the Washington State Department of Labor and
Industries, Industrial Safety Division, for investigation.
8.6: An employee has the right to hold Union office, seek
Union assistance, file a grievance or use other benefits of
this Agreement according to the terms set forth without
reprisal, repression, intimidation, prejudice, or
discrimination.
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AFSCME Local 1122
Transit Bargaining Unit
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ARTICLE IX - MANAGEMENT RIGHTS
9.1: Except as specifically abridged, granted, delegated or
modified by this Agreement, including amendments, the City
retains all legal and inherent exclusive rights with respect
to matters of legislative and managerial policy.
Furthermore, the City reserves all customary management
prerogatives including, but not limited to, the right to:
A) Establish, plan for, and direct the work force
toward the organizational goals of the municipal
government.
B) Determine the organization, and the merits,
necessity and level of activity or service provided to
the public.
C) Determine the City budget and financial policies
including accounting procedures.
D) Establish, regulate and administer a personnel
system, in conformity with the City Charter and Civil
Service Rules and Regulations, which provides for all
types of personnel transactions including determining
the procedures and standards for hiring, promotion,
transfer, assignment, lay off, discipline, retention
and classification of positions.
E) Discipline or discharge of employees for cause as
provided by the General Rules and Regulations of the
City's Charter Civil Service Commission and in
conformity with this Agreement.
F) Determine the methods, means, equipment, numbers and
kinds of personnel and the job or position content
required to accomplish governmental operations and
maintain the efficiency thereof.
G) Determine and change the number and locations and
types of operations, processes and materials to be
used in carrying out all City functions.
H) Assign work to and schedule employees in accordance
with Civil Service classifications and position
descriptions, and to establish and change work
schedules in accordance with Article XXXI; 31.10.
I) Relieve any employees from duty due to lack of work
or insufficient funds.
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AFSCME Local 1122
Transit Bargaining Unit
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J) Take all actions necessary to carry out the mission
of the City in emergencies.
9.2: The above-cited management rights are not to be
interpreted as being all inclusive, but merely indicate the
type of rights which belong to the City. It is understood
that any of the rights, power and authority the City had
prior to the signing of this Agreement are retained by the
City.
9.3: Any employee within the bargaining unit who may feel
aggrieved by the unfair or discriminatory exercise of any of
the Management Rights specified hereinabove, or any other
claimed prerogative may seek their remedy by the grievance
procedure provided in the Agreement.
ARTICLE X - LABOR MANAGEMENT COMMITTEE
10.1: The City and the Union shall cooperate to provide the
public with efficient and courteous service, to encourage
good attendance of employees and to promote a climate of
labor relations that will aid in achieving a high level of
efficiency and productivity in all departments of City
government.
In order to accomplish these goals, a Labor --Management
Committee shall be established consisting of three Union
members chosen by the Union, the Union Staff Representative,
the City Manager or his designee, one Transit management
team member chosen by the City Manager, and may include two
City Council members chosen by the Council.
10.2: The Labor -Management Committee shall schedule meetings
at mutually agreeable times, but not later than fifteen (15)
working days from the date of a request for a meeting by a
party to this Agreement. Requests shall be in writing and
contain the item(s) or topic(s) at issue.
10.3: Prior to the meeting, a written agenda shall be
prepared by the party requesting the meeting and may be
supplemented by additions made by the other parties. A
final agenda shall be established and distributed to all
parties three (3) working days prior to the date of the
meeting. Items not on the agenda shall not be discussed at
the meeting unless mutually agreed by all parties.
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AFSQE Local 1122
Transit Bargaining Unit
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10.4: 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.
ARTICLE XI - CONTRACTING WORK
The City agrees that no permanent employee shall be
laid off as a direct result of the City contracting work
currently done by City Employees. The City however, retains
the right to contract work as deemed desirable or necessary
by the City and reassign employees who might otherwise be
laid off as a result thereof. The City further retains the
right to lay off employees at the discretion of the City,
due to lack of funds.
ARTICLE XII - STRIKES AND LOCKOUTS PROHIBITED
12.1: The Union shall neither cause, encourage nor counsel
employees within the bargaining unit to strike, nor shall it
in any manner cause, encourage nor counsel any such employee
or employees to directly or indirectly commit any concerted
acts of work stoppage, slow -down or refusal to perform any
customarily assigned duties; provided, however, in the event
the laws of the State of Washington should be changed so as
to allow the right to strike, or to substitute therefor any
other right in its place, this Agreement shall be construed
so as to allow the Union to exercise any such right that is
hereafter provided by law or change of law, and the parties
to this Agreement hereby agree to be bound by the terms of
any such law or change of law.
12.2: The City agrees that during the term of this Agreement,
there will be no lockouts. However, a complete or partial
reduction of operations for economic or other compelling
business reasons shall not be considered a lockout. In
addition, if an employee is unable to perform their duties
because equipment or facilities are not available due to a
strike, work stoppage or slowdown by any other employees,
such inability to provide work shall not be deemed a
lockout.
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AFSCME Local 1122
Transit Bargaining Unit
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ARTICLE XIII - REDUCTION IN FORCE
In the event that it becomes necessary tc amend the
reduction in force procedure in the Civil Service Rules, the
City and the Union shall cooperate to develop reduction in
force procedures which shall be mutually acceptable for
submission to the Civil Service Commission.
ARTICLE XIV - GRIEVANCE PROCEDURE
14.1: Policy:
The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of employee
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both
supervisors and employees are expected to make every effort
to resolve problems as they arise. However, it is
recognized that there may be grievances which can be
resolved only after a formal review. Acccrdingly, the
following procedure is hereby established in order that
grievances of employees covered by this agreement may be
resolved as fairly and expeditiously as possible.
14.2: Exclusions:
Matters covered by the general rules and regulations of
the Civil Service Commission of the City of Yakima shall not
be covered by this procedure.
14.3: Grievance Defined:
A grievance is an alleged wrong or dispute, considered
by an employee or group of employees as grounds for
complaint, pertaining to employment conditions covered by
this Agreement or its application, meaning or
interpretation.
14.4: Special Provisions:
A) The term "employee" as used in this Article shall
mean a permanent or probationary employee who is a
member of the bargaining unit or group ci such
employees, accompanied by a representative if so
desired.
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AFSQHE Local 1122
Transit Bargaining Unit
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B) The aggrieved party and their chosen representative
shall be granted time off without loss of pay for the
purpose of processing a grievance. City employees
attending hearings as a witness for the aggrieved
party shall be granted time off without loss of pay
for the purpose of providing testimony, including
Civil Service Commission meetings. The aggrieved
party's representative may, after making advance
notification to the relevant Division Manager, visit
the work location of employees covered by this
Agreement for the purpose of investigating a
grievance. Said investigation shall be conducted so
as not to disturb the work of uninvolved employees.
C) Grievances on behalf of an individual employee may
not be initiated or pursued without their consent.
However, contract grievances may be initiated or
pursued by the Union.
D) A grievance may be entertained in or advanced to any
step in the grievance procedure if requested by one
party in writing and agreed to by the other party in
writing.
E) The time limits within which action must be taken or
a decision made as specified in this procedure may be
extended by mutual written consent of the parties
involved. A statement of the duration of such
extension of time must be signed by both parties
involved at the step to be extended. Failure to meet
the time limit or extended time limit for responses by
the City shall render the decision in favor of the
grievant.
F) Any grievance shall be considered settled at the
completion of any steps if all parties are satisfied
or if neither party presents the matter to a higher
authority within the prescribed period of time. If
the grievance is not appealed as prescribed the issues
shall be deemed withdrawn.
14.5: Procedure:
To be reviewable under this procedure a grievance
must:
A) Be filed in a grievance format which has been mutually
agreed upon by the City and the Union, specifically
the format of AFSCME Form F-29.
B) Identify matters or incidents that are alleged to have
occurred.
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AFSG2E Local 1122
Transit Bargaining Unit
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C) Identify an act or omission by management regarding
aspects of this agreement.
D) Arise out of a specific situation, act or acts
complained of as being unfair which has resulted, or
identifies an inequity or damage to an employee.
E) Specify the relief sought.
1) Step 1 - Discussion with Supervisor:
Whenever there is an apparent misunderstanding or
dispute between an employee and the City, an effort
must first 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.
2) Step 2 - Grievance Appealed to Department Head:
An employee who is dissatisfied with the decision of
the Supervisor and/or Division Manager may submit the
grievance in writing within seven (7) working days
after notification to the employee of the decision of
the Supervisor and/or 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.
3) Step 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 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.•
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 17
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.
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 14.6 below.
6) For purposes of this Article, work days shall refer
to Monday through Friday, excluding holidays.
14.6: Step 4 - Final Resolution of Grievance Disputes:
Either party to this Agreement may refer unsettled
grievances which concern provisions of this Agreement to
Arbitration.
A) A request for Arbitration shall be in writing and
shall be submitted to the other party not more than
ten (10) working days after the reply of the City
Manager, or the Union President as applies, or their
designee, unless the time shall be extended by written
mutual agreement. Such request shall identify the
previously filed grievance which is the basis for the
request for Arbitration and shall set forth the issue
which the party making the request seeks to resolve.
B) The Arbitrator may be selected by mutual agreement
between the City Manager and the Union. In the event
the parties cannot agree on the selection of the
Arbitrator within ten (10) working days after the
request is filed, then either the City Manager or 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 Public Employment Relations
Commission (PERC), American Arbitration Association
(AAA), or Federal Mediation and Conciliation Services
(FMCS). Within five (5) working 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.
96 - 97 Agreement
AFScME Local 1122
Transit Bargaining Unit
Page 18
C) The Arbitrator shall be limited to determining
whether the City or the Union has violated or failed
to apply properly the terms and conditions of this
Agreement. The Arbitrator shall have no power to
destroy, change, delete from or add to the terms of
this Agreement.
D) 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.
E) The parties agree that the decision of the
Arbitrator shall be final and binding and implemented
within thirty (30) calendar days following the
rendering of the decision.
F) Cost of the Arbitration shall be shared equally by
the parties, including the Arbitrator's fee and
expenses; room rental, if any, and cost of the record.
G) Each party shall bear the cost of the preparation of
its own case.
ARTICLE XV - SOCIAL SECURITY
The City will continue to provide the employer's share
of FICA (Social Security) coverage for the employees covered
in the bargaining unit.
ARTICLE XVI - EQUAL OPPORTUNITY CLAUSE
In accordance with Revised Order No. 4 implementing US.
Executive Order 11246, "Equal Employment Opportunity Act" of
1972 and the "Vocational Rehabilitation Act" of 1973 as
amended and implementing regulations, and the "Americans
with Disabilities Act" (ADA) OF 1991 it is the policy of the
City of Yakima and the Union to not discriminate against any
employee or applicant for employment because of race, color,
religion, age, sex or national origin, marital status or
handicap.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 19
ARTICLE XVII - SALARIES AND LONGEVITY SCHEDULE
17.1: Salaries:
A) 1996:
Effective January 1, 1996, the compensation plan for
the bargaining unit in effect December 31, 1995, shall
be increased by one hundred percent (100%) of the
percentage increase effective by the averaging of the
percents of change in the following indexes:
1) The U.S. Cities Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI -
W), for the period July of 1994 to July 1995.
2) The Seattle Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI -W),
for the period July of 1994 to July 1995.
The CPI -W formula as stipulated hereinabove, is
subject to a three percent (3%) minimum and a four
point five percent (4.5%) maximum.
B) 1997:
Effective January 1, 1997, the compensation plan for
the bargaining unit in effect December 31, 1996, shall
be increased by one hundred percent (100%) of the
percentage increase effective by the averaging of the
percents of change in the following indexes:
1) The U.S. Cities Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI -
W), for the period July of 1995 to July 1996.
2) The Seattle Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI -W),
for the period July of 1995 to July 1996.
The CPI -W formula as stipulated hereinabove, is
subject to a three percent (3%) minimum and a four
point five percent (4.5%) maximum.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 20
17.2: Longevity:
Longevity Compensation shall be in accordance with
Yakima Municipal Code Section 2.24.010, Subparagraph A as
may be subsequently amended.
Years Service Longevity Compensation
Percentage of Base Pay
At least 60 months and less
than 120 months 1 1/2%
At least 120 months and less
than 180 months 3%
At least 180 months and less
than 240 months 4 1/2%
240 months or more 6%
ARTICLE XVIII - SHIFT DIFFERENTIAL
18.1: 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 stipulated period to
the nearest one-half (1/2) hour. Persons working overtime
past their normal shift will not be entitled to payment
under this Article unless all of the scheduled hours of the
second shift are worked.
18.2: Transit Employees who work a split shift or split work
week shall receive 4% shift differential for 20 hours per
week. Employees who work both split shift and split work
week shall receive 4% differential for 30 hours per week.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 21
ARTICLE XIX - OVERTIME
19.1: Employees who are required to work more than 40 hours
in any work week shall be paid one and one-half (1-1/2)
times the regular rate of pay for credited time in excess of
forty (40) hours per week. Credited time shall be in
fifteen (15) minute increments. However, compensatory time
off at the time and one-half rate in lieu of overtime pay
may be requested by the affected employee. In that case,
compensatory time may be taken at such time as is agreed
upon by the employer and the employee, but may not be
imposed by the employer upon any employee who has not so
requested such compensatory time off.
19.2: 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
forty (40) hours shall remain until used.
19.3: Employees may accept any shift(s), and or shift
piece(s) of available overtime by seniority rotation. No
shift shall be split more than once.
19.4: Time spent by an employee beyond the normal working day
for training classes, shall be considered time worked for
calculation of overtime pay.
19.5: Authorized travel time spent in the performance of the
job shall be considered time worked for the calculation of
overtime pay.
19.6: The City shall grant time off to eat to any employee
who is requested to and does work beyond the regular shift
quitting time. The employer shall grant thirty (30) minutes
to eat every four (4) hours thereafter while the employee
continues to work.
19.7: In the event the employee is unable to provide or
obtain the meal(s) due to location or time of day or
emergency, the Division Head shall insure the employee
obtains a meal at the employer's expense.
19.8: Call Out Pay:
A minimum of two (2) 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.
96 - 97 Agreement
AFSCHE Local 1122
Transit Bargaining Unit
Page 22
ARTICLE XX - STANDBY PAY
Effective upon execution, June 19, 1995
20.1: The determination of the need for and assignment of
standby time is a responsibility of Management. Employees
will have the opportunity to volunteer or exchange for
standby prior to being made a required assignment. The
employee must notify their supervisor in writing by the end
of the previous shift of an exchange with another employee
for assigned standby.
20.2: Compensation for assigned standby time will be $1.00
per hour.
20.3: Employees, when on assigned standby time, are required
to maintain the same required physical and mental capacity
that is required during regular scheduled work hours and are
to be reachable if called.
ARTICLE XXI - MEDICALIDENTALNISION BENEFIT PACKAGE
21.1: Employee Only Medical/Vision and Dental Coverage:
Medical and Dental Benefit Package;
(Medical/Vision and Dental Insurance):
The City shall pay one hundred percent (100%) of the
monthly employee only medical/vision and dental insurance
premiums for coverages as set by the City of Yakima
Employees Welfare Benefits Board. Employee only
medical/vision and dental insurance premiums shall be at no
cost to the employee.
21.2: Dependent Medical/Vision and Dental Coverage:
Medical and Dental Benefit Package;
(Medical/Vision, and Dental, Insurance):
The monthly dependent unit premium costs shall be borne
as follows:
A) Fifty percent (50%) shall be paid by the
participating employee.
96 - 97 Agreement
AFSCHE Local 1122
Transit Bargaining Unit
Page 23
B) Fifty percent (50%) shall be paid by the Employer.
This cost sharing shall only be applicable to those
employees who enroll their dependents in the
Employer's Health Care Plan.
21.3: Retiree Coverage:
A) Upon payment of the premium as required in 21.3-D,
herein, retirees may elect to remain in the group
medical plan until they reach age 65.
B) Spouses of retirees may remain in the group medical
plan until they reach age 65 or in the case of spouses
of deceased retirees, until they reach age 65 or
remarry, whichever occurs first.
C) Other dependents of retirees may remain in the group
medical plan as long as they remain eligible under the
provisions of the plan or when coverage for the
retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance
coverage would cease regardless of the age of the
dependents.
D) Retirees, or spouse of deceased retirees, shall pay
the premium (including dependents if enrolled) which
shall be the same as the normal group rate assessed
for coverage of active City employees and dependents
as applicable. Premiums shall be paid by deduction
from retirement checks paid to retired employees or
their beneficiary.
21.4: Vision Care:
The medical program shall include a vision care program
as part of the major medical benefits plan for employees and
their eligible dependents.
21.5: Dental Insurance:
Dental insurance for eligible employees and their
dependents shall be provided. The dental insurance program
shall be part of the medical benefit package premium
calculation specified in 21.1 and 21.2 above.
21.6: Wellness Committee:
A representative from this bargaining unit will be
appointed to the Wellness Committee. The Committee will
discuss such topics as heart life programs and physical exam
coverage.
96 - 97 Agreement
AFSQME Local 1122
Transit Bargaining Unit
Page 24
21.7: Employee Welfare Benefit Board:
A) The City of Yakima and AFSCME Local 1122 will each
select four (4) members and one (1) nonvoting member
from the transit bargaining unit to serve on the City
of Yakima Employee Welfare Benefit Board, hereinafter
referred to as the Board.
B) The purpose of the Board shall be to study and
become informed regarding health insurance programs
including the City's modified self-funded program; to
identify perceived and real problems, and make
recommendations to the City and the Union on ways to
improve and enhance in an economical fashion the
health insurance program.
C) To enable the Board to become knowledgeable and to
make reasonable and objective recommendations for
change, the City agrees to:
1) Complete open disclosure and cooperation to
the Board with City staff and insurance
provider on information necessary for the
Board to complete its duties.
2) The Board shall be permanent. Any member(s)
of the Board who for any reason steps down as
a Board member, shall be replaced by the same
selection process above.
21.8: The Union shall continue to have the right to withdraw
from the City's self-insured program by notifying the City
six (6) months prior to the expiration of this contract.
ARTICLE XXII - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS
22.1: For employees who are exposed to health hazards by
direct contact with raw sewage, industrial waste, human or
animal waste, the City will arrange and provide for
inoculations or vaccines recommended by the Yakima County
Health Officer.
22.2: Beyond the basic license fee, the City Of Yakima will
pay initial and required renewal fees for any
license/certificate required by the City as a condition of
employment. Employee fault License/Certificate
reinstatement cost shall be born by that employee.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 25
22.3: As part of the City's wellness Program and the City's
encouragement of good Health Practices, the City will
provide an annual physical examination fee for a physical
performed by the City's Doctors, or if the employee chooses
their own Doctor to perform the examination, the City will
provide up to Seventy -Five [$75.00] for such a Physical
Examination.
ARTICLE XXIII - LIFE INSURANCE
Effective January 1, 1995
23.1: The life insurance premium shall be paid in full by the
City. The face value of the Life Insurance Policy shall be
Twenty-five thousands dollars ($25,000) per member.
23.2 Retiree Life Insurance:
Upon retirement, the retiree may elect to continue
their participation in the life insurance coverage through a
conversion policy. This conversion coverage policy requires
the retired employee to pay their own premium for said
coverage.
ARTICLE XXIV - HOLIDAYS
24.1: The following shall be recognized and observed as paid
holidays:
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November llth
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas December 25th
One ( 1 ) personal holiday.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 26
24.2: Personal Holiday:
The personal holiday may be taken subject to the
following conditions:
A) The employee has been or is scheduled to be
continuously employed by the City for more than six
(6) months, and
B) The employee has given not less than 14 calendar
days of written notice to the Division Manager,
provided however, the employee and the Division
Manager may agree on an earlier day, and
C) The Division Manager has approved the day, and
D) The day selected does not prevent a department from
providing continued public service and does not
interfere with the efficient operation of the
department, and
E) The personal day must be taken during the calendar
year of entitlement or the day will lapse except when
an employee has requested a personal holiday and the
request has been denied.
F) Pro Rating Personal Holiday For Permanent Part Time Employees:
As per economic settlement "January 1, 1995",
increase the personal holiday time for permanent part
time employees by prorating each permanent part time
employees personal holiday time to a maximum of eight
(8) hours depending upon the average time in a pay
status each month over a calendar year. In January of
each calendar year an adjustment shall be made to the
personal holiday leave account for each permanent part
time transit employee based on the previous year's
average time in pay status. In the event an employee
has used more personal holiday time than they have
accrued based upon the previous year's average monthly
hours paid, an adjustment shall be deducted in January
from the employee's accrued annual leave balance,
other available accrued leave balances, other than
sick leave, or from actual pay, in the event all
accrued leave balances have been exhausted.
24.3: General Holidays:
A) Whenever any holiday specified by State Law falls on
Saturday, the preceding Friday shall be the holiday.
Employees who work Friday in such case shall be paid
according to City Code Section 2.40.080 Subsection E.
Whenever any holiday specified by State law falls on
Sunday the following Monday shall be the holiday.
Employees who work Monday in such case shall be paid
according to City Code Section 2.40.080 Subsection E.
Page 27
96 - 97 Agreement
AFSCZ Local 1122
Transit Bargaining Unit
B) 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.
C) If a holiday falls on a normal day off, an
equivalent day off will be granted to be scheduled
within sixty (60) days of the holiday.
D) 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 1/2 days being
granted off within sixty (60) days. If not specified
here the general holiday agreement applies.
E) 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 XXV - VACATION
Employees shall be granted annual vacation pursuant to
the following conditions:
25.1: All full time employees shall accrue vacation with pay
as follows:
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.
96 - 97 Agreement
AFSGHE Local 1122
Transit Bargaining Unit
Page 28
25.2: Employees shall be allowed to accrue a total amount of
vacation time equal to the amount which can be earned in two
years.
25.3: Employees who become ill while on approved vacation may
utilize sick leave for the period of illness subject tc the
provisions of Article XXVI, Section 26.3 and 26.4 provided
the employee immediately upon becoming ill, notifies the
division manager and presents to the division manager upon
return to work a physician's certificate stating the nature
of the illness and the length of the incapacity.
ARTICLE XXVI - SICK LEAVE
26.1: Accrual:
Sick leave with pay is established as an insurance
program for salary continuation during periods of illness,
and particularly extended illness as follows:
A) All full-time employees shall accrue sick leave with
pay at the rate of eight (8) hours per month for each
full calendar month of the eligible employee's
continuous service with the City. Said accrual shall
be prorated for permanent part-time employees.
B) unused sick leave shall be cumulative for succeeding
years to a maximum of 1040 hours. 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.
26.2: Permissible Use of Sick Leave:
An employee eligible for sick leave with pay shall be
granted such leave for the following reasons:
A) Personal illness or physical incapacity resulting
from causes beyond employee's control;
B) Verifiable visits to a physician or dentist for
examination and/or treatment.
C) Quarantine of employee due to exposure to a
contagious disease.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 29
D) ®n -the -job injuries. Any employee receiving sick
leave with pay, who is eligible for time loss payments
under the Workman's Compensation Law may be paid full
salary (sick leave) and on receipt of time loss
payments may endorse such payments to the City to
restore a portion of their used sick leave based upon
the following formula:
1. Time loss payment divided by the employee's
regular hourly rate of pay equals hours o`
leave to be restored.
2. At the option of the employee, the employee
can retain their time loss payment. Employees
retaining the time loss payment can continue
to use accumulated sick leave.
E) Care for a child of the employee under the age of 18
years of age with a health condition that requires
verifiable treatment, transportation, or supervision.
F) The death of a member of the immediate family of an
employee, or employee's spouse.
G) Serious injury or illness to other members of
employee's immediate family constituting an emergency
or crisis, provided the employee is engaged in
care/treatment, transportation, or supervision of the
effected individual.
H) The Term Immediate Family shall include:
1) Spouse, children, children of spouse, spouse
of children;
2) Step or foster family relationship;
3) Mother, father, brother, sister of employee or
spouse;
4) Grandparent or grandchild of employee or spouse;
5) Aunt or uncle of employee or spouse.
6) Any person living in the Immediate Househo'd* of
the employee.
*Members of the Immediate Household means persons who reside
in the same home, who have reciprocal and natural and/or
moral duties to and do provide support for one another. The
term does not include persons sharing the same general house
when the living style is primarily that of a dormitory or
commune.
96 - 97 Agreement
AFScME Local 1122
Transit Bargaining Unit
Page 30
7) In cases where an employee is responsible for
funeral arrangements sick leave will be
granted.
I) Employees who have exhausted all accumulated sick
leave may use accumulated vacation leave, compensatory
time, in lieu time, or their personal holiday in lieu
of sick leave subject to the requirements of all other
provisions of this Agreement (contract).
26.3: Requirements for All Paid Sick Leave:
A) Every employee must report to the representative
designated by their Department Head the reason for the
absence as far in advance of the starting of their
scheduled work day as possible. This report shall be
made no later than five (5) minutes after the
scheduled report time.
B) An employee must keep their Department Head informed
of their condition if absence is of more than three
(3) working days in duration.
C) For each absence an employee must submit upon the
approved form an explanation of the reason for
such
absence. A statement by the attending physiciany
be required if an absence caused by illness or injury
extends beyond three (3) consecutive working days, or
for each absence, if requested by the Department Head.
If a physician's statement is to be requested by the
Department Head, the employee shall be so notified
before their return to work.
D) Employees may choose to permit
employee must permit medical
designated by the City, at the exp
and at the mutual convenience of
employee.
26.4: Enforcement of Sick Leave Provisions:
A) Any failure to comply with the provisions
XXVI shall be grounds for denial of sick
pay or other paid leave taken in lieu of
for the period of absence.
B) Misrepresentation of any material facts in
connection with paid sick leave or other paid leave
taken in lieu of sick leave by an employee shall
constitute grounds for suspension or discharge.
home visits. The
examinations as
ense of the City,
the City and the
of Article
leave with
sick leave
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 31
C) It shall be the responsibility of the Department
Head or his designated representative to:
1) Review all sick leave or other paid leave taken
in lieu of sick leave and approve that which is
bona fide and complies with the provisions of
this Section and forward approved time cards to
the Finance Department. The Payroll Officer
shall not certify the payment of sick leave or
other paid leave taken in lieu of sick leave
until the approved applications have been
received, except that employees still absent at
the end of a pay period may be certified for
payment of sick leave or other paid leave taken
in lieu of sick leave by the Payroll Officer
upon recommendation of the Department Head as
indicated by their signing the time sheet and
subject to the receipt of an approved
application for sick leave pay or other paid
leave taken in lieu of sick leave immediately
upon the employee's return to work;
2) Investigate any suspected abuse of sick leave
or other paid leave taken in lieu of sick
leave;
3) Withhold approval of sick leave pay or pay for
other leave taken in lieu of sick leave in the
event of unauthorized use;
4) Initiate disciplinary action if, as a result of
investigation, it is determined that an
employee has been guilty of willful
misrepresentation in a request for sick leave
pay or other pay taken in lieu of sick leave
pay.
D) Permanent employees shall not exceed twelve (12)
incidents of unscheduled sick leave in a calendar
year. Exceeding twelve (12) incidents may be cause
for discipline. Effective upon the first day of
March, 1996.
26.5: Sick Leave Exchange:
Any permanent employee may exchange accrued sick leave
for pay or for additional leave time as appropriate, in
accordance with the options provided the employee, subject
to the following provisions:
A) Employees who have accrued less than 720 hours of
sick leave may exchange sick leave for additional
vacation days or for cash as follows:
96 - 97 Agreement
AFSQE Local 1122
Transit Bargaining Unit
Page 32
1) 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.
2) 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
(14) calendar days notice. Effective January 1,
1988, maximum payment shall be $6,250.
B) 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:
1) 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.
2) 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.
3) 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
(eight) 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.
C) Sick Leave Exchange Procedure:
Any permanent employee may exchange accrued sick
leave as provided in Section 26.5, A or 26.5, B above
at the option of the employee, subject to the
following conditions and provisions:
96 - 97 Agreement
AFSCMIE Local 1122
Transit Bargaining Unit
Page 33
1) 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.
2) Requests will be accepted only during the first
five (5) working days of each month with
exchanged leave to be available within fifteen
(15) calendar days of the date the request is
received by the office of the Finance Director.
Exceptions to the above will be made for
termination, layoff or disability retirement
3) No request will be granted for less than eight
(8) hours pay or a minimum of three (3) days
leave.
4) No exchange will be granted to an employee who
has been terminated for cause.
5) In the event of layoff, exchange requests are
the responsibility of the employee.
ARTICLE XXVII - 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 XXVIII - BEREAVEMENT LEAVE
Effective September 29, 1994
28.1: Employees shall be granted up to and including three
(3) days Bereavement Leave in the event of a death in the
immediate family of the employee.
A) The Term Immediate Family shall include:
1) Spouse, children, children of spouse, spouse of
children;
2) Step or foster family relationship;
96 - 97 Agreement
AFSCHE Local 1122
Transit Bargaining Unit
Page 34
3) Mother, father, brother, sister of employee or
spouse;
4) Grandparent or grandchild of employee or
spouse;
5) Aunt or uncle of employee or spouse
6) Any person living in the Immediate Household*
of the employee.
*Members of the Immediate Family means persons who
reside in the same home, who have reciprocal and
natural and/or moral duties to and do provide support
for one another. The term does not include persons
sharing the same general house when the living style
is primarily that of a dormitory or commune.
7) In cases where an employee is responsible for
funeral arrangements bereavement leave will be
granted.
B) The employee shall upon returning to work provide
written documentation of the death of the immediate
family member before bereavement leave shall be paid.
This requirement may be waived by the Transit Manager
or his designee.
ARTICLE XXIX - SENIORITY
Effective Upon Execution, June 19, 1995
29.1: Seniority Defined:
Seniority is defined as the length of time accrued in a
permanent non-exempt Civil Service Classification position
and shall be subject to the following provisions. Seniority
shall be recorded as follows: years; days; hours; and
minutes.
29.2 Seniority Provisions:
A) Seniority shall begin on the actual date of hire in
a permanent classified status including the
probationary period.
B) Seniority for On -Call and Seasonal positions shall
only include the actual time accrued in a pay status.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 35
C) Seniority shall continue from one (1) classified
position to another classified position through
transfer or promotion.
D) Any and all time in a leave without pay status which
is not both pre -requested and pre -approved shall be
excluded from seniority.
E) Any and all time in a leave without pay status which
resulted from the employee's failure to maintain the
minimum qualifications of the position shall be
excluded from seniority.
F) Any and all time on suspension due to a sustained
disciplinary action shall be excluded from seniority.
G) Seniority of employees who are separated from
service due to a reduction in force shall be retained
for the duration of the re-employment/recall period.
However, no additional seniority shall accrue during
the period of separation should rehire occur.
H) All seniority shall lapse and become void upon the
expiration of the re-employment/recall period,
resignation, termination for cause, or abandonment of
position.
29.3: Seniority Application:
Seniority by definition and provisions shall be
recognized and applied to all matters of work assignments,
and reductions in force.
29.4: Seniority Records:
A) The Operations Supervisor with the support of the
Human Resources Department shall maintain a current
record of individual seniority for each employee in
the Transit Bargaining Unit.
B) The individual seniority records shall be adjusted
to reflect any and all of the seniority provisions
immediately after each occurrence, with written
notification to the negatively affected employees.
C) The Operations Supervisor shall compile from the
individual records, a single descending rank order
list of employees from the greatest seniority to the
least seniority.
D) The single list of seniority shall be updated prior
to and posted with any and all sign-up bids and mark-
down bids.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 36
E) Copies of the individual records and the seniority
list shall be forwarded by the Operations Supervisor
to the Human Resources Department with the individual
records to be placed in the respective personnel
files.
29.5: Separability Of Service Length:
This Article sets specific parameters on the length of
service for purposes of rank order for the classified
employees. It is not the intent of this Article to alter
the individual length of continuous, uninterrupted service
with the City which may include temporary, and/or exempt
service that the employee's vacation, sick leave, longevity,
retirement, and holiday adjustments are based on.
ARTICLE XXX - CHANGE OF WORK STATUS
Effective Upon Execution, June 19, 1995
Permanent employees may bid, based on their seniority,
for a full time or a part time status, for periods of one
(1) year. Changes in status shall be reported to Human
Resources, by December 6, of the preceding year. They may
change status at the end of each one (1) year period without
loss of seniority.
ARTICLE XXXI - WORK WEEK PROVISIONS
Effective Upon Execution, June 19, 1995
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.
31.1: Bidding Work:
Seniority shall, [as defined in Article XXIX], prevail
in the bidding for full or part time status, run selection,
and work week selection.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 37
31.2: Rest Period:
A) Time recovery layovers shall not be considered in
calculating rest period compensation.
B) All straight, eight (8) or ten (10) hour, shifts
shall include a total of thirty (30) minutes of non -
service rest period compensation.
1) Straight shifts shall be considered as split
shifts when filled by more than one (1)
employee and Section C below shall apply.
C) All split, eight (8) or ten (10) hour, shifts shall
include fifteen (15) minutes of non -service rest
period compensation within each shift piece(s). One
(1) rest compensation period shall be before, and one
(1) rest compensation period shall be after, the shift
split.
D) All open work and special operations work shall
include fifteen (15) minutes of non -service rest
period compensation within each four (4) hour period
of work.
31.3: Transit Dispatchers:
A) Regular Hours:
The City shall establish each work schedule which
shall provided for regular starting and quitting times
for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight
(8) or ten (10) consecutive hours within a twenty-four
(24) hour period.
C) Work Week:
The work week shall start on Monday and end on
Sunday. It shall consist of four (4) or five (5)
consecutive days, with two (2) or three (3) days off.
D) Shifts:
Shifts shall be assigned by mutual agreement of the
dispatchers; however, seniority bid shall prevail
where a consensus agreement cannot be reached.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 38
E) Working Out Of Classification:
Dispatchers may stand in for Transit Operators in
limited emergency situations and break periods.
F) Overtime:
Permanent Dispatchers shall be offered any available
overtime on a rotational basis among the permanent
Dispatchers. If the permanent Dispatchers are not
available to work overtime, the work will be offered
to other qualified permanent employees on a rotational
basis.
31.4: Service Workers:
A) Regular Hours:
The City shall establish each work schedule which
shall provide for regular starting and quitting times
for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight
(8) or ten (10) consecutive hours within a twenty-four
(24) hour period.
C) Work Week:
The work week shall start on Monday, end on Sunday,
and shall consist of four (4) or five (5) consecutive
days, with two (2) or three (3) days off.
D) Uniforms:
The City shall provide service worker(s) with clean
uniforms daily.
E) Foul Weather Gear:
The City shall provide foul weather gear such as,
but not limited to coats, boots, and gloves for the
Service Worker(s).
31.5: Route Supervisor, Customer Relations Coordinator:
A) Regular Hours:
These employees may or may not have regularly
scheduled work hours.
96 - 97 Agreement
AFSG2E Local 1122
Transit Bargaining Unit
Page 39
B) Work Day:
Eight (8) or ten (10) consecutive hours within a
twenty-four (24) period.
C) Work Week:
The work week shall start on Monday, end on Sunday,
and shall consist of four (4) or five (5) consecutive
days, with two (2) or three (3) days off.
31.6: Permanent Full Time Transit Operators:
A) Regular Hours:
The City shall establish each work schedule which
shall provide for regular starting and quitting times
for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight
(8) or ten (10) consecutive or non consecutive hours
within a twenty-four (24) period.
C) Work Week:
The work week shall start on Monday and end on
Sunday; and shall consist of five (5) consecutive or
non consecutive eight (8) hour days, with two (2) days
off or four (4) consecutive or non consecutive ten
(10) hour days with three (3) days off.
D) Scheduled Bidding:
Permanent full time operators shall bid on scheduled
full time runs by seniority.
31.7: Permanent Part Time Transit Operators:
1) Permanent Part Time Scheduled Work:
A) Scheduled Regular Hours:
The City shall establish each work schedule
which shall provide for regular starting and
quitting times for each work day.
B) Scheduled Work Day:
Permanent part time runs shall consist of a
work day of ten (10) hours or less and may be for
consecutive or non consecutive hours.
96 - 97 Agreement
AFSCHE Local 1122
Transit Bargaining Unit
Page 40
C) Scheduled Work Week:
The work week shall start on Monday and end on
Sunday; and shall consist of five (5) consecutive or
non consecutive work days. The scheduled work week
shall be scheduled to meet the needs of the Transit
Division.
D) Scheduled Bidding:
Permanent part time operators shall bid on
scheduled permanent part time runs by seniority.
2) Permanent Part Time Open Work:
A) Open Regular Hours:
The City shall establish each work assignment
which shall provide for regular starting and
quitting times for each work day.
B) Open Work Day:
1) Known Leave Assignment; Previous Day Before 4:00 p.m.:
Permanent part time employees may accept any
shift(s) and/or shift piece(s) of available open
work by seniority. Preferential splitting of work
will not be done prior to offering the entire
shift(s) and/or shift piece(s) to all available
permanent part time employees. When all full
shift(s) have been assigned or if a more senior
operator opts to work a shift piece(s) then the next
most senior operator can bid on a shift(s) or shift
piece(s). If an employee(s) fails to contact
dispatch (and could have had an assignment), or
decides to pass up a full shift they will rotate to
the least senior bidding position for the next day's
"same day" assignments.
2) Same Day Work Assignment:
Work becoming available after 4:00 p.m. the
previous day and/or piece(s) remaining from previous
nights assignments.
Work is offered to most senior available
employee who can work the shift(s) or piece(s)
without loss of service. An employee who passes up
work shall rotate to the least senior bid position.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 41
C) Open Work Week:
Any open work will be split as necessary on the
day of the week in which the employee's cumulative
hours total forty (40) hours (or as near 40 hours as
possible) without leaving a remaining open work
piece of less than two (2) hours.
D) Open Bidding:
Permanent part time employees will be offered
open work daily by seniority.
3) Call To Report:
When called to fill open work the following shall
apply:
A) Accepted work report time is one (1) hour from
acceptance, and regular report rules apply.
B) Arrival within the first one-half (1/2) hour
after the shift starts will be paid from the start
of the shift.
C) Arrival after the first one-half (1/2) hour
from the shift start time will be paid in quarter
(1/4) hour increments rounded to the previous
quarter (1/4) hour.
D)
Permanent part-time operators must notify
dispatch in advance to be "not available" on a
service day. They should make such notification as
soon as possible, but no later than 3:00 p.m. the
preceding day.
31.8: On Call Employees:
On call employees will not be scheduled to work a
regular set shift, but rather, will be called to work to
fill in during the absence of another employee. On call
employees will be entitled to the meal and rest periods
provided for in the scheduled shift for which they are
filling in.
31.9: Minimum and Maximum Shift:
No employee will be scheduled to a regular shift of
less than two (2) consecutive hours. No employee shall be
scheduled to a regular shift of greater than ten (10) hours.
96 - 97 Agreement
AFSCHI? Local 1122
Transit Bargaining Unit
Page 42
31.10: 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 Union.
Although reasonable warning will be given whenever possible,
the five (5) work day notice provision will not be required
for temporary individual shift assignment changes which may
be made only to cover for the absences of another employee
due to termination, resignation, vacations, or sick leave.
Other than the reasons cited above, an employee's work shift
shall not be changed to avoid payment of overtime when an
employee is called to work outside that employee's regular
work shift or called to work before the regular starting
time or retained to work beyond the regular quitting time.
31.11: Emergency Situations:
The City shall determine when an emergency situation
exists and an emergency shall be defined as a sudden,
unexpected event which creates a situation endangering the
public or employees health and/or safety. In the case of
emergencies, management may make schedule changes as
required to protect the public or employees without
discussion with the Union or notice to the employees.
However, management will endeavor to preserve employee work
schedules whenever possible.
31.12: Addenda Procedures:
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.
96 - 97 Agreement
AFSLME Local 1122
Transit Bargaining Unit
Page 43
ARTICLE XXXII - PERMANENT PART-TIME EMPLOYEES
Effective Upon Execution, June 19, 1995
32.1: Whenever possible permanent part-time employees shall
be assigned to a specific work schedule not requiring split
days off in a calendar week.
32.2: 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. It is recognized and
expected that permanent part-time employees may be assigned
work to fill-in while permanent full-time employees are
absent due to vacation, illness, or other cause which may
preclude the assignment of a specific work schedule and
therefore not considered to have a regularly scheduled work
shift.
32.3: Permanent part-time employees will be eligible to
receive overtime payments in accordance with Article XIX
[19.1] only if they work more than forty (40) hours in any
calendar week. No overtime compensation will be paid if
such employee exceeds the regularly scheduled workday unless
such work causes the employee to work more than forty (40)
hours in the work week.
32.4: Permanent part-time employees will accrue vacation and
sick leave and shall be compensated for holidays at the
accrual rate prescribed in this Agreement prorated to
reflect the actual percentage of time worked. In order to
facilitate crediting to those accounts, permanent part-time,
benefits will be initially assigned to 50%, 75%, or 100%, as
determined by the appointing authority, of the accrual rate.
Employees' benefit accruals will be adjusted monthly to
reflect actual benefit accrual rates. Holiday and personal
holiday time will be adjusted annually.
ARTICLE XXXII! - TRADING WORK
Effective Upon Execution, June 19, 1995
Employees may trade work with other employees in their
same classification, within the same work week (Monday
through Sunday), as long as the wage cost to the Employer
does not exceed the wage cost had the trade not occurred.
The Employees shall give notice, on the official form, to
the Dispatcher no later than 3:00 P.M. on the day prior to
the earliest effected shift.
96 - 97 Agreement
AFSCME Local 1122
Transit Bargaining Unit
Page 44
ARTICLE XXXIV - "ROADEO"
The Employer will encourage the participation of
employees in bus "ROADEOS".
ARTICLE XXXV - ENTIRE AGREEMENT
35.1: This Agreement constitutes the complete and entire
Agreement between the parties and neither the City nor the
Union shall be bound by any requirement not specifically
stated in this Agreement or applicable Civil Service rules.
The parties are not bound by the past practices or
understandings of the City or the Union unless such past
practices or understandings are incorporated in this
Agreement.
35.2: The City and the Union acknowledge that each party has
had ample opportunity to submit proposals with respect to
any subject or matter not removed from the collective
bargaining process by law and regarding wages, hours, and
working conditions and agree that all said proposals have
been negotiated during the negotiations leading to this
Agreement. The parties further agree that negotiations will
not be reopened on any item during the life of this
Agreement except by the mutual consent or as provided in
R.C.W. 41.56.492.
ARTICLE XXXVI - 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 this
Agreement. Notwithstanding any other provisions of this
Agreement the parties may take all actions reasonable to
comply with the Americans with Disability Act and the Family
Medical Leave Ave. If the Washington State Health Services
Act of 1993 or Federal Health Care legislation mandates
changes to the Health/Care Fringe Benefits Article of this
Agreement, then the parties agree to negotiate the affects
of those mandated changes.
96 - 97 Agreement
AFSCHE Local 1122
Transit Bargaining Unit
Page 45
ARTICLE XXXVII - TERMINATION
This Agreement shall be deemed effective from and after
1st day of January, 1996 and shall terminate on December 31,
1997 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.
EXECUTED THIS
ARTICLE XXXVIHI - EXECUTION
FOR THE UNION:
6.\)0-2-
DAY
OF , 1996.
Ron Gray, Statf Representative
Council 2, Washington State Council
Of County and City Employees
tampson, lir`esid4nt
AFSCME Local 1122, AFL-CIO
Cecil (Aston,
Shop Steward
ransit
r�
G
7
`✓i : 3�`-ate' / C z f L/L l -, =-' -.�
Wayne/Parsley, Transi
Bargaining Team
Mitzi Sluys, Transit
Bargaining Team
E
��L ��/''/"j /_�. ..•
Robert Studer, Transit
Bargaining Team
96 - 97 Agreement
AFSQ4E Local 1122
Transit Bargaining Unit
FOR THE CITY OF YAKIMA:
Richard A. Zais, Jr., City Manager,
City of Yakima
Glenn Rice, Assist. City Manager
City of Yakima
d41
A hie utton, Manager
Human Resources
.711.
L4-L137/4-LA17--
William W. Schultz, Manag
Transit Division�00
k& -t 4
Richard L. Lyo s, Supervisor
Transit Division
ATTEST:
Kar 's R?•erts, Clerk
l(( L Page 46
q(0
APPENDIX A - WAGE GRID FOR 1996
Transit Service Worker
Step 2
Step 3
Step 4
Step 5
Pay Range 650
Step 1
(Probation)
MO 1785.30
1865.03
1951.70
2038.36
2142.36
HR 10.30
10.76
11.26
11.76
12.36
Transit Operator
Pay Range 655
Step 1
Step 2
Step 3
Step 4
Step 5
(Probation)
MO 1951.70
2038.36
2142.36
2229.02
2334.76
HR 11.26
11.76
12.36
12.86
13.47
Transit Dispatcher
Pay Range 660
Step 1
Step 2
Step 3
Step 4
Step 5
(Probation)
MO 2038.36
2142.36
2229.02
2334.76
2445.69
HR 11.76
12.36
12.86
13.47
14.11
Transit Route Supervisor
Pay Range 665
Step 1
Step 2
Step 3
Step 4
Step 5
(Probation)
MO 2277.56
2386.75
2495.95
2608.62
2728.21
HR 13.14
13.77
14.40
15.05
15.74
Customer Relations Coordinator
Pay Range 670
Step 1
Step 2
Step 3
Step 4
Step 5
(Probation)
MO 2554.88
2672.75
2790.61
2927.54
3062.74
HR 14.74
15.42
16.10
16.89
17.76
96 - 97 Agreement
AFSQE Local 1122
Transit Bargaining Unit
Page 47