HomeMy WebLinkAboutR-1997-062 Collective Bargaining AgreementRESOLUTION NO. R-97- 62
A RESOLUTION authorizing and directing the City Manager and City Clerk
of Yakima to execute a collective bargaining agreement for
calendar years 1997 and 1998 with the Washington State
Council of County and City Employees, Local 1122 of the
American Federation of State, County and Municipal
Employees, AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Washington State Council of County and
City Employees, Local 1122 of the American Federation of State, County and
Municipal Employees, AFL-CIO, resulting in the attached proposed collective
bargaining agreement document for calendar years 1997 and 1998 and
WHEREAS, the City Council deems it to be in the best interests of the
City that such collective bargaining agreement be executed by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute a collective bargaining agreement for
calendar years 1997 and 1998 with the Washington State Council of County
and City Employees, Local 1122 of the American Federation of State, County
and Municipal Employees, AFL-CIO, a copy of which collective bargaining
agreement is attached hereto and by reference made part hereof.
ADOPTED BY THE CITY COUNCIL this 15th day of April, 1997.
ATTEST:
City Clerk
Buchafian, Mayor
COLLECTIVE BARGAINING
AGREEMENT
Between
CITY OF YAKIMA, WASHINGTON
And
COUNCIL 2,
WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES
REPRESENTING
LOCAL 1122
Municipal Employees
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO
EFFECTIVE
JANUARY 1, 1997 THROUGH DECEMBER 31, 1998
CiyY CQHTPACT 22.
�L ..---.-
RESOLUTION 140: 12-97--(c),)„.
TABLE OF CONTENTS
PREAMBLE. 03
ARTICLE I - RECOGNITION OF UNION BARGAINING UNIT... 04
06
07
08
09
11
16
17
19
21
22
22
22
23
23
24
24
25
29
30
36
36
37
41
ARTICLE 11 - UNION MEMBERSHIP
ARTICLE III - COLLECTIVE BARGAINING
ARTICLE IV - CODE PROVISIONS
ARTICLE V - IMPASSE
ARTICLE VI - GRIEVANCE PROCEDURE
ARTICLE VII - BUSINESS LEAVES
ARTICLE VIII - EMPLOYEE RIGHTS
ARTICLE IX - MANAGEMENT RIGHTS
ARTICLE X - LABOR / MANAGEMENT COMMITTEE
ARTICLE XI - SOCIAL SECURITY
ARTICLE XII - EQUAL OPPORTUNITY CLAUSE
ARTICLE XIII - CONTRACTING WORK
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
ARTICLE XXIV
ARTICLE XXV
- STRIKES AND LOCKOUTS PROHIBITED
- UNION CONSTITUTION AND BY LAWS
- MATERNITY / PATERNITY LEAVE
-SALARIES AND LONGEVITY
- HEALTH CARE
- LIFE INSURANCE
- SICK LEAVE
- LAYOFF
- VACATION LEAVE
- HOLIDAYS
- WORK DAY / WORK WEEK PROVISIONS
- OVERTIME EARNED
- COMPENSATORY TIME EARNED
ARTICLE XXVI - CALL OUT PAY
ARTICLE XXVII - STANDBY PAY
ARTICLE XXVIII - SHIFT DIFFERENTIAL
ARTICLE XXIX - LICENSING & LICENSING RENEWALS:
ARTICLE XXX - PERMANENT PART-TIME EMPLOYEES
- PERMANENT ON-CALL EMPLOYEES
- PERMANENT SEASONAL EMPLOYEES 49
ARTICLE XXXI - ENTIRE COLLECTIVELY BARGAINED
AGREEMENT 50
ARTICLE XXXII - SAVINGS CLAUSE 51
ARTICLE XXXII! - TERMINATION 51
- EXECUTION 52
- RESOLUTION NO. 53
- APPENDIX 97 - 1 54
46
47
48
48
48
PREAMBLE:
P-1: Collectively Bargained Agreement:
THIS COLLECTIVELY BARGAINED AGREEMENT, hereinafter
called the CBA, made and entered into the :1st day of
January, 1997 by and between the City of Yakima, Washington,
hereinafter called the City, and the Council 2, Washington
State Council of County and City Employees, representing
Local 1122 of the American Federation of State, County and
Municipal Employees, AFL-CIO, hereinafter called the Union.
P-2: WITNESSETH:
A: WHEREAS, Chapter 41.56 of the Revised Code of
Washington contemplates the execution of collective
bargaining Agreements between cities and unions
representing government employees, the intent and
purpose of such act being the promotion of the
continued improvement of the relationship between
public employers and their employees by providing a
uniform basis for implementing 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
B: WHEREAS, the parties to this CBA recognize that
benefits accrue to general government employees of the
City by virtue of union membership, and that the best
interests of the citizens of the City of Yakima are
served by the City's official recognition of the
City's general government employees' Union.
C: NOW, THEREFORE, pursuant to Chapter 41.56 of the
Revised. Code of Washington, and in accordance with the
intent and purpose thereof, and for the purpose of
promoting the morale, well being and security of the
general government employees of the City, and for the
purpose of promoting the general efficiency of the
government of the City of Yakima, the parties hereto
agree as follows:
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 3
ARTICLE I - RECOGNITION OF UNION BARGAINING UNIT
1.1: Council 2, WSCCCE Represents These Bargaining Unit Positions:
A: 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,
Police Department Administrative Assistant, all
employees of the Fire Department, except those persons
appointed to exempt or unclassified positions, City
Manager, members of his staff (including
Administrative Secretary), Deputy City Clerk, all
employees of the Human Resources Division, Legal
Department, PERC Case Numbers: 08382-C-90-00474
(positions listed in B: 1 & 2 below), 09915-C-92-00571
(positions listed in C below) 10654-C-93-00626
(position listed in D below), 12979-E-97-2173
(positions listed in E below) and any other
classifications covered under Section 2.20.100D of the
Yakima Municipal Code.
B: Supervisors, and confidential positions exempted as
agreed by the parties in PERC Case Number 08382-C-90-
00474 as follows:
1: Supervisory positions are:
Wastewater Plant Chief Operator, Wastewater
Treatment Plant Process Control Supervisor,
Industrial Maintenance Supervisor, Sewer
Maintenance Supervisor, Assistant Wastewater
Superintendent, Police Department Assistant IV,
Water Treatment Plant Supervisor, Park
Maintenance Supervisor, Department Assistant
IV, Building Superintendent, Signal/Electrical
Supervisor, Traffic Operations Supervisor,
Mechanic II, Transit Operation Supervisor,
Traffic Sign Supervisor, Street Supervisor,
Aquatic Program Supervisor, Refuse Supervisor,
Supervising Associate Planner, Equipment
Maintenance Supervisor, Parks Operation
Supervisor, Construction Engineer, Waterworks
Supervisor, Home Remodeling Supervisor,
Irrigation Supervisor, and Recreation Program
Supervisor,
2: Confidential positions are:
Senior Program Supervisor, and Payroll Officer
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 4
C: Positions exempted as agreed by the parties in PERC
Case Number 09915-C-92--00571:
1:
Supervising Sanitary Engineer,
Supervising Traffic Engineer, and
Administrative Assistant to the Director of
Public Works.
D: Positions exempted as agreed by the parties in PERC
Case Number 10654-C-93-00626:
1: Senior Project Planner
E: Positions exempted as agreed by the parties in PERC
Case Number 12979-E-97-2173:
1: Police Services Dispatcher
F: New positions created and exempted as agreed by the
parties in Chartered Civil Service Commission, 1993:
1: Laboratory Coordinator,
G: New positions created and exempted as agreed by the
parties in Chartered Civil. Service Commission, 1994:
1: Engineering Contracts Specialist, and Police
Services Supervisor
H: New positions created and exempted as agreed by the
parties in Chartered Civi]. Service Commission Sept. 7, 1995
& Addendum 1994 - 1996 CBA:
1: Environmental Analyst, & Senior Engineer.
I: New positions created and exempted as agreed by the
parties in Charter Civil Service Commission, 1999:
1: Cemetery Supervisor
J: Position exempted agreed by the parties in a Memorandum
of Agreement:
1: Water & Irrigation Engineer (9/3/96).
R: New positions created and exempted as agreed by the
parties in Chartered Civil Service Commission, 1997:
1: Supervising Senior Analyst.
City of Yakima
Local 1122 Mbnicipal Employees
1997 1998 CSAR
,Page 5
ARTICLE 11 - UNION MEMBERSHIP
2.1: Union Membership:
All employees in the bargaining unit shall, within
thirty (30) days after hiring, as a condition of employment,
become members of the Union, provided that exceptions to
membership shall be subject to the provisions of RCW
41.56.122(1).
2.2: Union Insignia:
Union Members may wear official AFSCME Lapel/Stick pins
[tie tacks], while on duty.
2.3: Payroll Deductions:
The City agrees to deduct Union fees, dues and other
assessments by the Union against its members within the
bargaining unit from the pay of employees who authorize the
City to do so, which authorization shall be in writing and
signed by each person authorizing such deductions, and filed
with the City. The Secretary of the Union shall notify the
Finance Director, or their designee, of the City of Yakima
of amounts to be deducted from the pay of each such person.
The City shall transmit to the Washington State Council of
County and City Employees, P.O. Box 750, Everett,
Washington, 98206 the aggregate of such deductions, together
with an itemized statement, on or before the 20th day of
each month following the month for which deductions are
made.
2.4: Indemnification:
The Union agrees to defend, indemnify and hold harmless
the City for any loss or damage arising from the operation
of this Article knowingly caused by the Union. It is also
agreed that neither any employee nor the Union shall have
any claim against the City for any deductions made or not
made unless a claim of error is made in writing to the City
within forty-five (45) calendar days after the date such
deductions were or should have been made.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 6
ARTICLE 111 o COLLECTIVE BARGAINING
3.1: Bargaining Teams:
Collective bargaining between the parties shall be
carried out by the City Manager, or his representatives, on
behalf of the City Council, and a person or persons
representing the Union. Said collective bargaining
committees shall 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 (:L0) working
days prior to the first meeting of the City Council where
such ordinance is considered, and shall be in writing and
contain a copy of the ordinance proposed to be enacted or of
the proposed amendment, or shall refer by code number to any
ordinance proposed to be repealed. No ordinance affecting
wages, hours or working conditions of members of the
bargaining unit shall be enacted by the City Council unless
mutually agreed upon :between the City Manager (or designee)
and the collective bargaining committee of the Union.
3.3: Negotiations Timetable:
A: Prior to the termination of this CBA, the Union and
the City shall exchange written proposals for any
changes in negotiable matters pertaining to wages,
hours and working conditions sought for the subsequent
year[s], specifying all sought changes.
B: During the City Manager's preparation of the annual
budget, 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 signedby the
City Manager and the Union's representative no later
than the first Monday of November of each year.
City of Yakima
Local 1122 Municipal Elmployees
1997 1998 CBA.
Page 7
C: In the event of disagreement between the collective
bargaining committees concerning any Union
recommendation and before impasse procedures are
invoked the City's representative and the
representative of the Union shall each set out in
writing, and furnish a copy thereof to the other
party, a brief signed statement containing the subject
of disagreement as understood by the party writing the
statement, 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.
D: Nothing herein shall be construed so as to require
approval by the Union of any budget, nor any portion
thereof, before its submission to and adoption by the
City Council.
ARTICLE IV - CODE PROVISIONS
4.1: Incorporation By Reference:
The following sections of the Yakima Municipal Code are
hereby incorporated by reference and made a part of this
CBA. All sections listed shall be in accord with the terms
of this CBA and in the event of a conflict the terms of the
CBA shall prevail.
A: Section 2.04.030 City Contributions A, B-4, C-2.
B: Section 2.20.010 Persons Subject to Plan.
C: Section 2.20.020 Content of Plan.
D: Section 2.20.040 Policy for Pay Steps.
E: Section 2.20.050 Policy for Present Employees Subparagraph (a).
F: Section 2.20.060 Transfer, Promotion, Reclassification,
Demotion, or Reinstatement of Employees.
G: Section 2.20.070 Reduction of Salary.
H: Section 2.20.085 Reimbursement for Expenditures Subparagraph E.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 8
I: Section 2.20.088 Uniform Allowance Special Assignment Pay,
Subparagraphs B and C.
Jr, Section 2.20.100 Classification Plan, Subparagraph (b).
K: Section 2.20.110 Compensation Plan, Subparagraph (e).
L: Section 2.20.120 Shift Differential.
M: Section 2.24.010 Longevity Plan, Eligibility Restrictions,
Subparagraphs A, C, D.
N: Section 2.40.020 Vacation Leave, Subparagraphs A, Submit 1,
and Subparagraphs B, C, D, E.
0: Section 2.40.030 Sick Leave.
P: Section 2.40.060 Leave Without Pay.
Q: Section 2.40.070 Unauthorized Absences.
R: Section 2.40.080 Holidays with Pay, Subparagraphs A, B, C, D,
E, F, G, H, J, K.
S: Section 2.40.090 Work Week.
T: Section 2.40.100 Overtime Pay, Subparagraphs A-4, B, C, ID, E.
U: Section 2.40.120 Shared Leave-AFSCME employees.
ARTICLE V - IMPASSE
5.1: 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 9
5.2: Mediation:
In the event the Union and the City Manager are unable
to resolve any negotiable matter relating to wages, hours
and working conditions, either party may request mediation
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. Mediation shall be conducted by an
appointee of the Washington State Public Employment
Relations Commission (PERC), or the Federal Mediation
Conciliatory Service (FMCS).
5.3: Fact Finding:
Fact Finding shall be conducted by a committee of
citizens of the City who are not employees of the City, one
of whom shall be selected by the City Manager, one of whom
shall be selected by the Union, and the third chosen by the
two so selected. The conclusions of the fact finding
committee shall be made public.
5.4: Timeliness of Impasse Procedure:
The impasse procedures contemplated by Article V -
Impasse, Section 5.1, hereinabove are not mutually
exclusive, and any one or all such procedures may be invoked
in 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 tentatively agreed to and forwarded to the Union for
ratification and to the City Council for action by
ordinance, resolution or otherwise.
5.5: 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 10
ARTICLE VI - GRIEVANCE PROCEDURE
6.1: Policy:
The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of employee
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both
supervisors and employees are expected to make every effort
to resolve problems as they arise,. However, it is
recognized that there may be grievances which can be
resolved only after a formal review. Accordingly, the
following procedure is hereby established in order that
grievances of employees covered by this CBA may be resolved
as fairly and expeditiously as possible.
6.2: Remedies:
The Union may either grieve matters covered by the
general rules and regulations of the Charter Civil Service
Commission of the City of Yakima, or the Union may appeal
directly to the Charter Civil Service Commission. However,
the Union may not exercise both approaches but must choose
one or the other.
6.3: Grievance Defined:
A grievance is an alleged wrong or dispute, considered
by an employee or group of employees as grounds for
complaint, pertaining to Wages, Hours and Working
Conditions, covered by this CBA or its application, meaning
or interpretation.
6.4: Special Provisions:
A: The term "employee" as used in this Article shall
mean a permanent, permanent part time, permanent
seasonal, or probationary employee who is a member of
the bargaining unit or group of such employees,
accompanied by a representative if so desired
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 11
B: 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
CBA 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.
6.5: Procedure:
To be reviewable under this procedure a grievance must
comply with the following:
A: Be filed upon a grievance form which has been
mutually agreed upon by the City and the Union; in the
format of AFSCME Form F-29.
B: Identify matters or incidents that are alleged to
have occurred.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 12
C: Identify an act or omission by management regarding
aspects of this CBA.
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.
F: A duplicate copy of all statements of grievance,
requests for review and written decisions shall be
filed ]by the person making them in the human resource
office.
1: STEP I: Discussion with Supervisor:
a: 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/or Division
Manager.
b: The supervisor(s) and /or the Division Manager
shall answer the question of the
misunderstanding and/or dispute in writing
(then and there) at the initial meeting.
c: 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 fifteen
(15) working days, as a formal grievance.
2: STEP II: 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 fifteen (15) 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 the decision, and the reasons
therefore, within fifteen (15) working days after
receipt of the employee's grievance.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 1:3
3: STEP III: Grievance Appealed to City Manager:
If the employee is dissatisfied with the
decision of their Department Head, the employee
may obtain a review by the City Manager by
submitting a written request to the City Manager
for a review, which request shall be submitted
within fifteen (15) 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 is deemed 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: Management or Union Grievance:
a: Any grievance which the City's Management may
have against the Union shall be reduced to
writing and submitted, no later than fifteen
(15) working days after having been made aware
of the issue, to the President of the Union
Local with a copy to the WSCCCE staff
representative. The Union President shall make
an investigation of the relevant facts and
shall, within fifteen (15) working days,
provide a written decision, and the reasons
therefore. If the matter is not satisfactorily
settled, an appeal may be instituted as set
forth in 6.6 below.
b: By this same intent, the Union may, in kind,
file a contractual grievance at Step III
5: Work Day Defined:
For purpose of the this Article work day shall
refer to Monday through Friday excluding
holidays.
6.6: STEP IV: Final Resolution of Grievance Disputes:
A: Either party to this CBA may refer unsettled
grievances which concern provisions of this CBA to
Arbitration.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 14
B:
1:
C:
2:
1:
A request for Arbitration shall be in writing
and shall be submitted to the other party not
more than thirty (30) working days after the
reply of the City Manager, or the Union
President, respectively, unless the time shall
be extended by written mutual agreement.
Such request shall identify the previously
failed grievance which is the basis for the
request for Arbitration and shall set forth the
issue or issues which the party making the
request seeks to resolve.
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
fifteen (15) 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) .
2: Within fifteen (15) 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.
D: The Arbitrator shall be limited to determining
whether the City or the Union has violated or failed
to apply properly the terms and conditions of this
CBA. The Arbitrator shall have no power to destroy,
change, delete from or add to the terms of this CBA.
E: The Arbitration hearing shall be convened within
thirty (30) calendar days after the selection process
is completed.
1: PERC rules and procedures, shall govern the
hearing.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 15
F: The parties agree that the decision of the
Arbitrator shall be final and binding and implemented
within thirty (30) calendar days following the
rendering of the decision.
G: Cost of the Arbitration shall be shared equally by
the parties, including the Arbitrator's fees and
expenses; room rental, if any, and cost of the
Transcript[s]
H: Each party shall bear the cost of the preparation
and presentation of its own case.
ARTICLE VII - BUSINESS LEAVES
7.1: Contract Administration:
Members representing the Union, not exceeding four (4)
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.
7.2: Union Business:
Such officers and members of the Union may be
designated by the Union, not to exceed four (4) in number at
any one time (except for attending labor conventions when
the number shall not exceed seven (7) at any one time),
shall be granted leave from duty with pay Including, but not
limited to the following: Union business; such as attending
labor conventions and educational conferences regarding
collective bargaining and civil service, provided that
notice of such conventions or conferences shall be requested
and approved at least one week prior thereto (emergencies
excepted), 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 135 hours in any
calendar year.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 16
7.3: 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
Twenty (20), or ratio of 1 to 20 Employees. The Union shall
keep the City informed of the current Shop Stewards and
Local Union Officers.
ARTICLE VIVI - EMPLOYEE RIGHTS
8.1: Personnel Files:
An employee shall have the right, upon request, to
inspect their personnel f:Lle. No material referring to the
employee's job competence or conduct shall be placed in the
file without the employee's knowledge, the employee's
signature denoting that they have read the document, and the
employee's 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: Performance Evaluation Discussion:
A: 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.
B. Appeals of performance evaluations and disciplinary
actions shall be made in accordance with Civil Service
Rules and Regulations, or in accordance with Article
VI -Grievance Procedure.
1:
However, the Union may not exercise both
approaches but must choose one or the other,
as set out in Article VI -Grievance Procedure,
Section 6.2, hereinabove.
City of Yakima
Local 1122 ) nicipal Employees
1997 1998 CBA.
Page 1'7
8.3: Off Duty Actions:
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, by circulating memoranda) and the new rule or procedure
shall be posted prominently on appropriate bulletin boards
for a period of fourteen (14) calendar days before becoming
effective, except for changes of an emergency nature.
8.5: Compliance:
Employees shall comply with all existing rules that are
not in conflict with the express items of this CBA, provided
that rules are uniformly applied and uniformly enforced, and
provided that reasonable notice has been given of the
existence of the rule.
8.6: Written and Signed Complaints:
Any unresolved complaint as to the reasonableness of
any new or existing rule, or any written and signed
complaint involving discrimination in the application of new
or existing work rules, or wages, hours, and working
conditions, shall be resolved through the grievance
procedure.
8.7: Safety and Health Committee:
A: The City has established a City -Wide 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.
B: Unresolved complaints of violations of Washington
Industrial Safety and Health laws may be referred to
the Washington State Department of Labor and
Industries, Industrial Safety Division, for
investigation.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 18
8.8: Union Participation:
An employee has the right to hold Union office, seek
Union assistance, file a grievance or use other benefits of
this CBA according to the terms set forth without reprisal,
repression, intimidation, prejudice or discrimination-.
8.9: Working Environment:
With the intent of Equal Treatment Employee to
Employee, the Employer shall provide the members of the
Bargaining Unit with safe and healthful working
environments. These working Environments shall be
respective- of Federal, and State Maw, and shall be free
from discrimination-, harassment, disparate treatment, and
non-professional Management practices.
ARTICLE IX - MANAGEMENT RIGHTS
9.1: Management Rights Exclusive of the CBA:
Except as specifically abridged, granted, delegated or
modified by this CBA, including amendments, the City retains
all legal and inherent exclusive rights with respect to
matters of legislative and managerial policy. Furthermore,
the City reserves all customary management prerogatives
including, but not limited to, the right to:
A: Establish, plan for, and direct the work force
toward the organizational goals of the municipal
government.
B: Determine the organization, and the merits,
necessity and level of activity or service provided to
the public.
C: Determine the City budget and financial policies
including accounting procedures.
D: Establish, regulate and administer a personnel
system, in conformity with the City Charter and
Charter Civil Service Rules and Regulations, which
provides for all types of personnel transactions
including determining the procedures and standards for
hiring, promotion, transfer, assignment, lay off,
discipline, retention and classification of positions.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 19
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 CBA.
F: Determine the methods, means, equipment, numbers and
kinds of personnel and the job or position content
required to accomplish governmental operations and
maintain the efficiency thereof.
G: Determine and change the number and locations and
types of operations, processes and materials to be
used in carrying out all City functions.
H: Assign work to and schedule employees in accordance
with Civil Service classifications and position
descriptions, and to establish and change work
schedules in accordance with Article XXIV-Work Day,
Work Week Provisions, Section 24.6.
I: Relieve any employees from duty due to a lack of
work or insufficient funds.
J: Take all actions necessary to carry out the mission
of the City in emergencies.
9.2: Scope of Management Rights:
The above-cited management rights are not to be
interpreted as being all inclusive, but merely indicate the
type of rights which belong to the City. It is understood
that any of the rights, power and authority the City had
prior to the signing of this CBA are retained by the City.
9.3: Unfair or Discriminatory Exercise of Management Rights:
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 via the grievance
procedure provided in this CBA.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 20
ARTICLE X - LABOR / MANAGEMENT COMMITTEE
10.1: Intent:
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.
10.2: Makeup:
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 staff
representative; the City Manager or their designee, and one
management team member chosen by the City Manager; and may
include up to two (2) City Council members chosen by the
Council.
10.3: Time Frame:
The Labor/Management Committee shall schedule meetings
at mutually agreeable times, but not later than fifteen (15)
working days from the date of a request for a meeting by a
party to this CBA. Requests shall be in writing and contain
the item(s) or topic(s) at issue.
10.4: Agenda:
Prior to the meeting, a written agenda shall be
prepared by the party requesting the meeting and may be
supplemented by additions made by the other parties. A
final agenda shall be established and distributed to all
parties three (3) working days prior to the date of the
meeting. Items not on the agenda shall not be discussed at
the meeting unless mutually agreed by all parties.
10.5: Resolution:
A: Disposition of matters covered in the
Labor/Management process shall not contradict, add to,
or otherwise modify the terms and conditions of the
CBA between the City and the Union, but shall approach
the matter(s) at issue with a problem solving effort.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 21
B: However, should the Labor/Management process result
in a particular change in wages, hours and working
conditions, the change shall be reduced to writing in
the form of a Letter of Understanding, Memorandum of
Agreement, etc...
ARTICLE XI - SOCIAL SECURITY
The City will continue to provide the employer's share
of Medicare, FICA (Social Security) coverage for the
employees covered in this CBA.
ARTICLE XII - EQUAL OPPORTUNITY CLAUSE
12.1: In accordance with Revised Order No. 4 implementing
U.S. Executive Order 11246, Equal Employment Opportunity Act
of 1972, the Vocational Rehabilitation Act of 1973 as
amended and implementing regulations, and The "Americans
with Disabilities Act" (ADA) OF 1991.
12.2: It is the policy of the City of Yakima and the Union to
not discriminate against any employee or applicant for
employment because of race, color, religion, age, sex,
national origin, marital status, handicap, or life style
choice.
ARTICLE XIII - 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; and the City
further retains the right to lay off employees at the
discretion of the City, due to a lack of funds.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 22
ARTICLE XIV - STRIKES AND LOCKOUTS PROHIBITED
14.1: Strikes:
The Union shall neither cause, encourage nor counsel
employees within the bargaining unit to strike, nor shall it
in any manner cause, encourage nor counsel any such employee
or employees to directly or indirectly commit any concerted
acts of work stoppage, slow -down or refusal to 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 CBA shall be construed so as
to allow the Union to exercise any such right that is
hereafter provided by law or change of law, and the parties
to this Agreement hereby agree to be bound by the Terms of
any such law or change of law.
14.2: Lockouts:
The City agrees that during the term of this CBA, there
will be no lockouts. However, a complete or partial
reduction of operations for economic or other compelling
business reasons shall not be considered a lockout. In
addition, if an employee is unable to perform their duties
because equipment or facilities are not available due to a
strike, work stoppage or slowdown by any other employees,
such inability to provide work shall not be deemed a
lockout.
ARTICLE XV - UNION CONSTITUTION AND BY LAWS
Upon request of the City Manager or their designee, the
Union promptly shall furnish to the City Manager a current:
copy of the constitution, by laws and any other rules or
regulations of the Union; 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 23
ARTICLE XVI - MATERNITY / PATERNITY LEAVE
16.1: Maternity Leave:
Pregnancy will be treated as any other disability. An
employee may work with her doctor's consent as long as she
is able and if not able, will be put on disability in
accordance with the Municipal Code as governed by RCW
Chapter 49.60, WAC 162-30-120, and the Family Medical Leave
Act (FMLA).
16.2: Paternity Leave:
Paternity Leave granted by the City under the FMLA is
subject only to the specific Paternity Leave tenants of that
act. The intent of this CBA is not to add to, delete from,
or otherwise interfere with Employee rights under this law.
ARTICLE XVII -SALARIES AND LONGEVITY
17.1: Salaries:
A: Effective January 1, 1997:
The compensation plan for the bargaining unit in
effect December 31, 1996, shall be increased by three
percent (3%).
B: Effective January 1, 1998:
The compensation plan for the bargaining unit in
effect December 31, 1997, shall be increase by ninety
percent (90%) of the averaged 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 1996 to July 1997.
2: the Seattle consumer price index for Urban
Wage Earners and Clerical Workers (CPI -W), for
the period July of 1996 to July of 1997.
a: The CPI -W formula as stipulated herein above,
is subject to a Two point five percent (2.5%)
minimum and a three point five percent (3.5%)
maximum.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 24
17.2:
17.3:
Longevity defined:
Longevity Compensation shall be in accordance with
Yakima Municipal Code Section 2.24.010, Subparagraph "A" as
amended, effective January 1, 1984.
Longevity Accruals:
Years Service
At least
than 120
At least
than 180
60 months and less
months
120 months and less
months
At least 180 months and less
than 240 months
240 months or more
Longevity Compensation
Percentage of Base Pay
1.5%
3%
4.5%
6%
ARTICLE XVIII - HEALTH CARE
18.1: Availability:
Medical, Dental , and Vision insurance is provided by
the City through the Health Care Trust.
18.2: Health & Welfare Benefit Plans:
Effective January 1, 1997, covered bargaining unit
employees, retirees and their dependents shall participate
in the "City of Yakima Employees' Health and Welfare Plans."
Eligibility rules, types and levels of benefits, payment of
premiums through a cafeteria plan, co -payment, co-insurance
and deductibility requirements and all other terms and
conditions for the provision of these health benefits shall
be governed by the "City of Yakima Employees' Welfare
Benefit Program."
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 25
18.3: Health Care, Dental, and Life Premium Contributions:
January 1, 1997 - December 31, 1998:
A: Employee Only Premium Contribution:
Employee only fringe benefit package (medical,
vision, dental & life insurance): The City shall
contribute up to a maximum of One Hundred Thirty
Dollars ($130.00) per month toward the total premium
for the covered employee's fringe benefit package
which includes medical, vision, dental, and life
insurance and the employee shall contribute twenty
Dollars and Ninety -Two Cents ($20.92) for a total
premium of One Hundred Fifty Dollars and Ninety -Two
Cents ($150.92). Employees premium contributions
shall be paid by payroll deduction. Any premium
amount over and above the One Hundred Fifty Dollar and
Ninety -Two Cents ($150.92) level shall be equally
shared by the City and the employee on a Fifty/Fifty
[50%/50%] basis as shown in the following example:
Example for Illustration Purposes Only
Projected Claims = $160.92
City/Employee Combined
Premium Contribution = 150.92
Difference = 10.00
50%/50% Split 5.00
New City Premium Contribution = $135.00
New Employee Premium Contribution = $25.92
Any premium amounts in excess of the One Hundred
Fifty Dollars and Ninety -Two Cents ($152.92) level
shall be determined by the applicable broker of
record.
B: Employee & Family Premium Contribution:
Employee and family fringe benefit package (medical,
vision, dental and life insurance): 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 which includes medical, vision, dental and
life insurances and the employee shall contribute
Fifty -One Dollars and Eighty -Five Cents ($51.85) for a
total premium of Three Hundred One Dollars and Eighty -
Five Cents ($301.85). Employee premium contributions
shall be paid by payroll deduction. Any premium
amount over and above the Three Hundred One Dollars
and Eighty -Five Cents ($301.85) level shall be equally
shared by the City and the employee on a Fifty/Fifty
[50%/50%] basis as shown in the following example:
City of Yakima Page 26
Local 1122 Municipal Employees
1997 1998 CEA
Example for Illustration Purposes Only
Projected Claims = $312.85
City/Employee Combined
Premium Contribution = 301.85
Difference = 20.00
50%/50% Split = 10.00
New City Premium Contribution = $260.00
New Employee Premium Contribution = $61.85
Any premium amounts in excess of the Three Hundred
One Dollars and Eighty -Five Cents ($301.85) level
shall be determined by the applicable broker of
record.
C: Premiums Decreased:
In the event the projected claims for an employee
only or for an employee and family decrease below the
One Hundred Fifty Dollars and Ninety -Two Cents
($150.92) and the Three Hundred One Dollars and
Eighty -Five Cents ($301.85) respectively, between
January 1, 1997 and December 31, 1998, the employee's
contribution shall be adjusted to reflect 100% of the
savings. Said savings shall not exceed Twenty Dollars
and Ninety -Two Cents ($20.92) for employee only
coverage or Fifty -One Dollars and Eighty -Five Cents
($51.85) for an employee and family coverage.
D: Employee Coverage:
Effective January 1, 1997 through December -31, 1998
the City and the employee shall pay the total monthly
medical insurance premiums as part of the fringe
benefit package premium calculation specified in
Sections A and B above in accordance with basic policy
provisions in effect for each employee who is eligible
to enroll in the group health care program.
E: Dependent Coverage:
Effective January 1, 1997 through December 31, 1998
the City and the employee shall pay the total monthly
medical issuance premium, as part of the fringe
benefit package premium calculation specified in
Sections A and B above, in accordance with basic
policy provisions in effect for employees, for
employees with spouse, and/or dependents who are
eligible to enroll in the group health care program.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 27
18.4: Applicability of Cost Sharing:
This cost sharing shall only be applicable to those
employees who enroll their dependents in the Employer's
health care plan.
18.5: Retiree Medical, Dental, and Vision Coverage:
A: Upon payment of the full premium as required 18.2
and/or in 18.3 herein above, retirees may elect to
remain in the group Medical, Dental, Vision plan until
they reach age 65.
B: Spouses of retirees may remain in the group medical
plan until they reach age 65 or in the case of spouses
of deceased retirees, until the Spouse reaches the age
of age 65, or remarries, whichever occurs first.
C: Other dependents of retirees may remain in the group
medical plan as long as they remain eligible under the
provisions of the plan or 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. Premiums shall be plaid by deduction from
retirement checks paid to retired employees or their
beneficiary.
D: Retirees, or spouses of deceased retirees, shall pay
the full premium (including dependents if enrolled)
which shall be the same as the normal group rate
assessed for coverage of active Municipal employees
and dependents as applicable. Premiums shall be paid
by deduction from retirement checks paid to retired
employees or their beneficiary.
18.6: Wellness Committee:
Union representatives from this bargaining unit will be
selected by the Union to serve on the Wellness Committee.
The Committee will discuss such topics which may include,
but are not limited to the following: heart programs, life
programs, and physical examination coverage.
18.7: Health Hazards/Inoculations:
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 as recommended by the Yakima County
Health Officer or other governing regulations.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 28
18.8: Annual Physical Examination Provided:
Physical examination coverage will be provided as
agreed upon, through administrative changes effective
January 31, 1992 (See Addendum 97-1).
18.9: Employee Health and Welfare Benefit Board:
A: The Union will select four (4) Representative board
members. The Union shall also select one (1)
Nonvoting member from the transit bargaining unit.
Along with representatives from the City and other
Bargaining Units, these Representatives serve on the
City of Yakima Employee Health and Welfare Benefit
Board, hereinafter referred to as the board.
B: The purpose of the board shall be to study and
become informed regarding Health Insurance Programs,
Including the City's modified self-funded program; to
identify perceived and real problems, and make
recommendations to the City and to the Union on ways
to improve, enhance, in an economical fashion, the
Health Care Insurance Program.
C: To enable the board to become knowledgeable and to
make reasonable and objective recommendations for
change, the City Agrees to the following:
1:
Complete open disclosure within the
limits of medical confidentially 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
step down as a board member, shall be
replaced by the same selection process
hereinabove.
18.10: Right of Withdrawal:
The Union shall 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 CBA.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 29
ARTICLE XIX - LIFE INSURANCE
19.1: Employee Life Insurance Benefit:
A: Effective January 1, 1997 through December 31, 1998
the life insurance premium shall be part of the total
fringe package benefit premium calculation specified
in Article 18.3 Section A & B above.
B: However, the calculation shall include a fixed
amount of Five Dollars and ten Cents ($5.10) per month
for life insurance. Any premium cost over this Five
Dollars and Ten Cents ($5.10) per month shall be paid
by the City.
C: Effective May 1, 1997 the face value of the life
insurance policy shall be increased from Fifteen
Thousand Dollars ($15,000) to Twenty Thousand Dollars
($20,000).
D: Effective January 1, 1998 the face value of the life
insurance policy shall be increased from Twenty
Thousand Dollars ($20,000) to Twenty -Five Thousand
Dollars ($25,000).
ARTICLE XX - SICK LEAVE
20.1: Sick Leave Intent:
Sick leave with pay is established as an insurance
program for salary continuation during periods of illness,
and particularly extended illness as follows:
A: Accrual:
All full-time employees shall accrue sick leave with
pay at the rate of eight (8) hours per month for each
full calendar month of the eligible employee's
continuous service with the City. Said accrual shall
be prorated for partial months worked, as well as
prorated for permanent part-time employees.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 30
B: Sick Leave Not Used/Capped:
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 earned or allowed to accumulate above
the cap of 1040 hours.
20.2: Permissible Use of Sick Leave:
An employee eligible for sick leave with pay, shall be
granted such leave for the following reasons:
A: Instances of personal illness or physical incapacity
resulting from causes beyond employee's control;
B: Verifiable visits to a Health Care Provider, for the
employee, or for the employee's immediate Family.
1: For the intent of this CEA, the "Immediate
Family" is defined as persons related by blood,
marriage, legal guardianship or adoption such
as any wife, husband, parent, grandparent,
brother, sister, child, recognized foster
child, or grandchild of the Employee.
2: The term immediate family does not include
persons sharing the same general household when
the living style is primarily that of a
dormitory or commune.
C: Quarantine of employee due to exposure to a
contagious disease.
D: On the Job injuries:
Any employee receiving sick leave with pay, who is
eligible for time loss payments under the Workman's
Compensation Law may be paid full salary (sick leave)
and on receipt of time loss payments may endorse such
payments to the City to restore a portion of their
used sick leave based upon the following formula:
1:
Time loss payment divided by the employee's
regular hourly rate of pay equals hours of
leave to be restored.
2: At the option of the employee, the employee
can retain their time loss payment. Employees
retaining the time loss payment can continue to
use accumulated sick leave.
City of Yakima
Local 1122 Municipal }employees
1997 1998 CSA
Page :31
20.3: Bereavement Leave:
A: Employees who are eligible for sick leave under this
CBA shall:
1:
In the event of each death in the
Employee's immediate family, employees may
consume up to three (3) days bereavement
leave, per year, without loss of pay. These
three (3) days shall not be credited against
their sick leave accrual.
2: In the event of any days beyond the
initial three bereavement days per year,
additional leave days will be debited against
the employee's sick leave accrual.
20.4: Exception:
Sick leave shall not be allowed for any period of time
that the employee is gainfully employed by another employer.
20.5: Sick Leave Exhausted:
Employees who have exhausted all accumulated sick leave
may use accumulated vacation leave, compensatory, in -lieu
time, or their personal holiday in lieu of sick leave
subject to the requirements of Article XXI-Sick Leave,
Section 21.2 -Permissible Use of Sick Leave, herein above.
20.6: Requirements for Paid Sick Leave Usage:
A: Absence Reported:
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. Generally, this
report should be made no later than one-half (1/2)
hour after the starting time of the shift on the first
day of absence.
B: Department Head Informed:
An employee must keep their Department Head informed
of their condition if absence is of more than three
(3) working days in duration.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 32
C: Incidents Greater Than Three Days:
For each incident of sick leave use which last
longer than three days, an employee may be asked to
submit upon the approved form an explanation of the
reason for such absence. A statement by the health
care provider may be required if an absence caused by
illness or injury extends beyond three (3) working
days, if requested by the Department Head. If a
health care provider's statement is to be requested by
the Department Head, the employee shall be so notified
before their return to work.
D: Home Visits:
Employees may choose to permit home visits by the
Employer. In the event that home visits are requested
by the Employer and denied by the Employee, the sick
leave usage may be denied as unverifiable.
E: Designated Medical Examinations:
The Employee must permit medical examinations as
designated by the City, at the expense of the City.
Scheduling of these medical examination will be at the
mutual convenience of the City and the Employee.
20.7: Enforcement of Sick Leave Provisions:
A: Failure to Comply:
Any failure to comply with the provisions of Article
XX - Sick Leave, Section 20.4 -Requirements for Paid
Sick Leave, hereinabove, shall be grounds for denial
of sick leave with pay or other paid leave taken in
lieu of sick leave for the period of absence.
B: Disciplinary Action:
Misrepresentation of any material facts in
connection with paid sick leave or other paid leave
taken in lieu of sick leave by an employee shall
constitute grounds for Disciplinary Action, including
suspension or discharge.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CHAS
Page 3:3
C: Review, Investigation, Disciplinary Action:
It shall be the responsibility of the Department
Head or their designee to do the following:
1:
2:
Review all sick leave or other paid leave
taken in lieu of sick leave and approve that
which is bonafide and complies with the
provisions of this section and forward approved
time cards to the Payroll Officer. The Payroll
Officer shall not certify the payment of sick
leave or other paid leave taken in lieu of sick
leave until the approved applications have been
received, except that employees still absent at
the end of a pay period may be certified for
payment of sick leave or other paid leave taken
in lieu of sick leave by the Payroll Officer
upon recommendation of the Department Head as
indicated by their signature on the time sheet
and subject to the receipt of an approved
application for sick leave pay or other paid
leave taken in lieu of sick leave immediately
upon the employee's return to work;
Investigate any suspected abuse of sick leave
or other paid leave taken in lieu of sick
leave;
3: Withhold approval of sick leave pay or pay
for other leave taken in lieu of sick leave in
the event of unauthorized use;
4: Initiate disciplinary action if, as a result
of investigation, it is determined that an
employee has been guilty of willful
misrepresentation in a request for sick leave
pay or other pay taken in lieu of sick leave
pay.
20.8: Sick Leave Exchange: Up to 719 Hours:
A: Employees who have accrued up to 719 hours of sick
leave may exchange sick leave as follows:
1: Additional Vacation Days:
Employees who have accrued up to 719 hours of
sick leave hours may exchange sick leave hours
for vacation days in accordance with Yakima
Municipal Code 2.40.030 E -C.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 34
2: Upon Retirement/Death:
Upon retirement or death, the employee's
accrued sick leave up to and including 719
hours will be exchanged for pay at the rate of
50% of the employee's current base pay.
Effective January 1, 1988, maximum payment
shall be $6,250.
3: Upon termination:
Upon termination under honorable conditions,
as distinct from retirement or 1 death, the
employee's accrued sick leave up to and
including 719 hours or less will be exchanged
for pay at the rate of 25% of the employee's
current base pay. Honoralble 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.
20.9: Sick Leave Exchanged: 720 Hours or More:
A: Employees who have accrued 720 or more hours of sick
leave may exchange sick leave for additional vacation
days or for pay subject to the following provisions:
1: Upon retirement 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 720 or more hours
of sick leave may exchange such sick leave for
bonus (additional) leave days, at the rate of
32 hours of sick leave for each additional 8
hours of leave, riot 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 35
20.10: Sick Leave Exchange Procedure:
A: Any permanent employee may exchange accrued sick
leave as provided in Article XXI - Sick Leave,
Sections 21.8, Paragraphs A or B hereinabove, at the
option of the employee, subject to the following
conditions and provisions:
1: A request for such an exchange shall be made
to the Finance Director, or their designee.
All requests shall be in writing and shall be
signed by the employee making the request.
2: Requests will be accepted only during the
first five (5) working days of each month with
exchanged leave to be available within fifteen
(15) calendar days of the date the request is
received by the office of the Finance Director,
or their designee. Exceptions to the above
will be made for termination, layoff or
disability retirement.
3: No request will be granted for less than
eight (8) hours pay or a minimum of three (3)
days leave.
4: No exchange will be granted to an employee
who has been terminated for cause.
5: In the event of layoff,t exchange requests are
the responsibility of the employee. . Upon
receipt of a written request to the Human
Resources Division by the Employee, the City
shall explain the Employee's exchange options.
ARTICLE XXI - LAYOFF
In the event that it becomes necessary to amend the
layoff procedure in the Charter Civil Service Rules, the
City and the Union shall cooperate to develop layoff
procedures which shall be mutually acceptable for submission
to the Charter Civil Service Commission.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 36
ARTICLE XXII - VACATION LEAVE
9
22.1: Vacation Leave Accrual:
Employees shall be granted annual vacation pursuant to
the following conditions:
A: All full time employees shall accrue vacation with
pay as follows:
8: Accruals shall be prorated for permanent part-time,
or seasonal; employees.
YEARS OF SERVICE ACCRUAL RATE
After one (1) full year
After two (2) full years
After five (5) full years
After ten (10) full years
6.67 hours per month (80
hours per year, 40 hours
may be taken after 6
months)
8.0 hours per month
(96 hours per year)
10.0 hours per month
(120 hours per year)
12.67 hours per month
(152 hours per year)
After fifteen (15) full 14.67 hours per month
years (176 hours per year)
After twenty (20) full 16.00 hours per month
(192 hours per year)
(Revised: Effective 1/1/96)
years
C: These accruals shall be
worked for Permanent, Permanent Part -Time, or Permanent
Seasonal Employees.
prorated on actual hours
22.2: Capped Vacation Accruals:
Employees shall be allowed to accrue a total amount of
vacation time equal to the amount which can be earned in two
years.
22.3: Illness During Vacation Leave:
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 37
Employees who become ill while on approved vacation may
utilize sick leave for the period of illness subject to the
provisions of Article XXI, Section 21.2, Paragraph B,
provided the employee immediately upon becoming ill,
notifies the division manager; and presents to the division
manager upon returning to work, a certificate from a health
care provider, stating the nature of the illness and the
length of the incapacity. A statement by the health care
provider shall required by the division manager upon return
to work.
ARTICLE XXIII - HOLIDAYS
23.1: Paid Holidays Recognized:
The following shall be recognized and observed as paid
holidays:
New Year's Day
Martin Luther King's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
23.2: Personal Holiday:
Employees have the availability of One
holiday per year.
23.3:
Personal Holiday Taken:
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
(1) personal
Page 38
23.3: Personal Holiday Taken:
The personal holiday may be taken subject to the
following conditions:
A: The employee has been or is scheduled to be
continuously employed by the City for more than six
(6) months.
B: The employee has given not less than 14 calendar
days of written notice to the Division Manager,
provided however, the employee and the Division
Manager may agree on an earlier day.
C: The Division Manager has approved the day.
D: The day selected does not prevent a department from
providing continued public service and does not
interfere with the efficient operation of the
department, and
E: The personal day must be taken during the calendar
year of entitlement or the day will lapse except when
an employee has requested a personal holiday and the
request has been denied.
23.4: General Holidays:
Whenever any holiday specified by State law falls on
Saturday, the preceding Friday shall be the holiday.
Employees who work Friday in such case shall be paid
according to City Code Section 2.40.080 Subsection E.
Whenever any holiday specified by State law falls on Sunday
the following Monday shall be the holiday. Employees who
work Monday in such case shall be paid according to City
Code Section 2.40.080 Subsection E.
23.5: For Employees Scheduled Off; Equivalent Days:
Whenever a holiday falls on a regular day off the
employee shall be granted an equivalent day off within 90
(as per Article XXII, Section 23.9 to be consistent) 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.
23.6: 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 39
23.7: Release from Holiday Duty:
Requests for release from holiday duty will be acted
upon by the division Manager at least ten (10) days prior to
the holiday. However, management may cancel an approved
request if unforeseen events create a staffing vacancy which
must be covered, or in case of an emergency. Subsequent to
approval of holiday time off, employees may not demand to
work the holiday.
23.8: Equivalent Day Off:
A: If a holiday falls on a normal day off, an
equivalent day off will be granted to be scheduled
within ninety (90) days of the holiday. Time and one-
half (1.5) will be paid for the hours worked on a
holiday in addition to the employee's rate of pay. At
the employee's option, the premium holiday pay shall
be received or the employee may be paid at straight
time with the equivalent of one and one half (1.5)
days being granted off within ninety (90) days. If
not specified here the general holiday agreement
applies.
B: Equivalent Day Earned:
Whatever the employees scheduled work day period may
be, the holidays taken are worth the same number of
hours as the employee's regularly scheduled work day.
23.9: Wastewater Division Holidays:
Due to the around the clock nature of services provided
by the Wastewater Division, it is often necessary to assign
holiday work shifts to members of the bargaining unit.
A: Holiday shifts shall be worked as assigned. In the
instances of Holiday shifts, relevant staffing levels
will be determined by operational circumstances.
B: Requests for release from holiday duty shall be
submitted to the Wastewater Superintendent as early a
possible, but no later that thirty days (30) prior to
the holiday. Approval of holiday time off is at the
discretion of management, and is dependent upon
operational requirements.
23.10: Refuse Division Holidays:
Holidays shall be worked as assigned except as modified
hereinbelow.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 40
A: In addition to Thanksgiving, Christmas, and New
Year's Day, which shall be non -working holidays,
employees of the Refuse Division shall not work on any
contract holiday when the County landfill is closed.
1:
Provided, however, that when those holidays
fall within the work week, uncollected refuse
on those days will be collected on a weekend or
other alternate day to be set by the Division
Manager.
2: Employees working the alternate day will be
paid at the overtime rate for all hours over
40. If not specified here, the general holiday
agreement will apply.
23.11: Police Division Holidays:
Due to the around-the-clock character of Police
Department services, it is often necessary to assign members
of the bargaining unit to work on holidays.
A: If an employee is assigned to work on one or more of
the designated ten (10) holidays, they may, at least
thirty (30) days prior to the upcoming holiday:
1: Request that day off.
2: Request a day off in lieu of the day in
question. The alternate day off nay be
specified at the time of the request or
established at a later date.
B: 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 beenassigned to, and
perform, work on the holiday.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 41
C: 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.
D: 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.
23.12: Ten Hour Four Day (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 XXIV - WORK DAY / WORK WEEK PROVISIONS
24.1: Work Day, Work Week:
Employees shall be scheduled to work regular hours for
each work day and each work week in accordance with the
provisions established below. Employees' schedules will
conform to the provisions of this Article unless
specifically modified by an Addendum to this contract, as
provided for in Article XXIV - Addenda, Section 9-24.10.
24.2: General Municipal Employees:
Permanent Full -Time, Permanent Part Time, and Permanent Seasonal
Employees:
A: Work Day:
Employees will be scheduled to work a day of eight
(8), nine (9), ten (10) or twelve (12) consecutive
hours within a 24 hour period. At the discretion of
Management, the appropriate option(s) will be
selected.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 42
B: Work Week:
1: The work week may consist of five (5)
consecutive eight (8) hour days with two (2)
consecutive days off;
2: The work week may consistof four (4)
consecutive ten (10) hour days with three (3)
consecutive days off;
3: of five (5) consecutive nine (9) hour days,
with two (2) consecutive days off, alternating
with three (3) consecutive nine (9) hour days
and one eight (8) hour days followed by three
(3) consecutive days off.
C: Regular Hours:
The City shall establish each work schedule which
shall provide for regular starting and quitting times
for each work day, and shall provide for the work week
to begin and end on regularly established days of the
week.
D: Meal Periods:
The work day will provide for at least a one-half
(1/2) hour unpaid meal period to be scheduled as near
mid -shift as possible.
E: Rest Periods:
The City shall provide employees with a 15 minute
rest period for each one-half (1.5) shift, provided,
the scheduled half shift exceeds a period of three (3)
hours. The City shall establish when the rest period
shall be scheduled and rest periods will be scheduled
as near the middle of each half shift as reasonably
possible.
24.3: Permanent Part -Time Employees:
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 Day:
Part -•Time employees may be assigned to a work day of
eight (8) hours or less and scheduled for consecutive
hours of work.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA.
Page 43
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.
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 (1.5) 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.
24.4: On Call Employees:
On-call employees will not be scheduled -to work a
regular set shift, but rather, will be called to work to
fill-in during the absence of another employee. On-call
employees will be entitled to the meal and rest periods
provided for in the scheduled shift for which they are
called out.
24.5: Minimum and Maximum Shift:
No employee will be scheduled to a regular shift of
less than four (4) consecutive hours. No employee shall be
scheduled to a regular shift of greater than 12 consecutive
hours.
A: Minimum Exception:
The Parks and Recreation Division may in fact have the
need to schedule pieces of regular shifts in segments
less than four consecutive hours due to the nature of
classes, activities, and seasons.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 44
1: - No employee of the Parks and Recreation
Division shall be scheduled for a regular shift
of greater than twelve consecutive hours.
24.6: Work Schedule Changes:
A: Any overall, long term change in work schedules will
be discussed between the City and the Union prior to
implementation. The City may change the regular
starting and quitting times and the days worked in a
week with ten (10) working day notice prior to the
effective date of the new schedule. The ten (10) work
day notice any be waived upon written mutual agreement
between Management and the effected employees.
B: Although reasonable warning will be given whenever
possible, the ten (10) work day notice provision will
not be required for temporary individual shift
assignment changes which may be made only to cover for
the absences of another employee due to termination,
resignation, vacations, or sick leave.
C: Other than the reasons cited hereinabove, an
employee's work shift shall not be changed to avoid
payment of overtime when an employee is called to work
outside that employee':: regular work shift or called
to work before the regular starting time or retained
to work beyond the regular quitting time.
1: Shall not be made to avoid the payment of
overtime.
24.7: Emergency Situations:
A: The City shall determine when an emergency situation
exists..
B: An emergency shall be definedas a sudden,
unexpected event which creates a situation endangering
the public or employees health and/or. safety.
C: In the case of emergencies, management may make
schedule changes as required to protect the public or
employees without discussion with the Union or notice
to the employees.
D: However, management will endeavor to preserve
employee work schedules whenever possible.
24.8: Parks and Recreation:
Employees of the Parks and Recreation Division may be
scheduled for split work days and split work weeks when
necessary. All work schedules shall have established
starting and quitting times for each day, shift or shift
part.
City of Yakima Page 45
Local 1122 Municipal Employees
1997 1998 CBA
A: Minimum Exception:
The Parks and Recreation Division may in fact have
the need to schedule pieces of regular shifts in
segments less than four consecutive hours due to the
nature of classes, activities, and seasons. However,
no employee of the Parks and Recreation Division shall
be scheduled for a regular shift of greater ;than
twelve consecutive hours.
24.9: Water Treatment Plant:
A: Water treatment plant chief operators hired before
January 1, 1996, at the City's Water Treatment Plant
will rotate every twenty-eight (28) days from days to
nights and nights to days, as applicable.
B: Water treatment plant chief operators hired after
January 1, 1996, will work a straight night shift
schedule (limited to 2 operators). The relief
operator responsibilities are also rotated every three
(3) months.
C: All of the water treatment plant chief operators
including the night operator[s] will work the relief
rotation. As the rotating shift schedule progresses
into a shift partnership with the straight night shift
operator, the operators hired before January 1, 1996
will work day shift. The work week begins 6:00 a.m.
each Sunday.
D: The employees will be given a choice of being either
salaried or hourly.
1: The salaried employees will use the six [6]
hours overtime (earned as nine [9] hours
compensatory time) from their scheduled 46 hour
work week, which shall be taken (as nine [9]
hours compensatory time) during their scheduled
thirty-one (31) hour work week.
2: The hourly employees will be paid overtime
for six (6) overtime hours worked in the 46
hour week (46 hours minus [-] 40 hours = 6
hours). 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.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 46
24.10: Police Services Department: Work Day:
A: Police Services Department: Work Day:
1. The POLICE SERVICES DEPARTMENT has the right to
schedule Police Services Employees to work
eight (8) hour, ten (10) hour,, or twelve (12)
hour work shifts within a twenty-four (24) hour
period.
2. The Police Services Department has the right to
schedule certain employees to work eight (8)
hour, ten (10) hour or twelve (12) hour work
shifts. Work schedules designed by the City
Police Services Department will be consistent
with the provisions of FLSA.
24.11: Addenda:
Recognizing the diversity of the work force within the
Bargaining Unit, the Union and the City agree through
Article X - Labor/Management 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 Local 1122 Executive Board
ratification, the signature of the WSCCCE Staff
Representative, approval of the City, as well as a majority
of the employees covered by the Addenda.
ARTICLE XX:V - OVERTIME EARNED
COMPENSATORY TIME EARNED
25.1: Overtime Pay:
Employees who are required to work more than Forty (40)
hours in any work week shall be paid one and one-half (1.5)
times the regular rate of pay for credited time in excess of
forty (40) hours per week. Credited time shall be in
fifteen (15) minute increments
25.2: Compensatory Time:
Compensatory time off at the time and one-half (1.5)
rate in lieu of overtime pay may be requested by the
affected employee.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 47
A: In that event, Compensatory time may be taken at
such time as is agreed upon by the employer and the
employee, but may not be imposed by the employer upon
any employee who has not so requested such
compensatory time off.
25.3: Compensatory Time Accrual:
Compensatory time off may be accrued to a maximum of
forty (40) hours unless the City Manager approves additional
accrual because of an emergency or other unusual
circumstance. Provided, however due to such an emergency ,
existing compensatory time in excess of forty (40) hours
shall remain until used.
25.4: Mandatory Training Time/Overtime:
Time spent by an employee beyond the normal working day
for mandatory training classes shall be paid at the overtime
Rate of time and one half (1.5) times the employees regular
rate of pay, or compensatory time earned at one and one half
(1.5) times the employee's regular rate of pay.
25.5: Travel Time on the Job:
Authorized travel time spent in the performance of the
job shall be considered time worked for the calculation of
overtime pay.
25.6: Additional Meal Periods:
The City shall grant time off to eat to any employee
who is requested to and does work two (2) hours beyond the
regular quitting time. The employer shall grant thirty (30)
minutes to eat every four (4) hours thereafter while the
employee continues to work.
25.7: City Provided Meals:
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 provided by the City.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 48
ARTICLE XXVI - CALL OUT PAY
A minimum of two (2) hours pay at the time and one-half
(1.5) 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 XXVII - STANDBY PAY
27.1: Standby Availability:
The determination of the need for and assignment of
standby time is a responsibility of Management. Employees
will have the opportunity to volunteer or exchange for
standby prior to being made a required assignment. The
employee must notify their supervisor in writing by the end
of the previous shift of an exchange with another employee
for assigned standby.
27.2: Standby Pay:
Effective January 1, 1992 , compensation for assigned
standby time will be One Dollar ($1.00) per hour.
27.3: Maintenance of Physical and Mental Capacity
Employees, when on assigned standby time, are required
to maintain the same required physical and mental capacity
that is required during regular scheduled work hours and are
to be reachable if called.
ARTICLE XXVIII - SHIFT DIFFERENTIAL
28.1: Differential Pay for Alternate Shifts:
For employees who work a regularly scheduled shift where all
or part of the shift hours fall between 6:00 p.m. and 6:00
a.m., an additional four percent (4%) per hour over base pay
will be paid for all hours worked within the stipulated
period to the nearest one-half (.5) hour. Persons working
overtime past their normal shift will be entitled to full or
pro -rated payment under this article,.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CEA
Page 49
ARTICLE XXIX - LICENSING & LICENSING RENEWALS:
29.1: Licensing and Licensing Renewals:
Beyond the basic Washington State Drivers 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.
29.2: Changes of Status:
The Employee shall immediately report to the Employer
any changes in status, or loss of any required
license/certificate.
29.3: Employee Fault Licensing Reinstatements:
Failure to maintain required license/certificates may
lead to a change in employment status. Employee fault
license/certificate reinstatement costs shall be born by
that Employee.
ARTICLE XXX - PERMANENT PART-TIME EMPLOYEES,
PERMANENT ON-CALL EMPLOYEES,
PERMANENT SEASONAL EMPLOYEES
30.1: Permanent Part Time Employees:
Whenever possible permanent part-time employees shall
be assigned to a specific work schedule not requiring split
days off in a calendar week.
30.2: Permanent Part Time Employee On Call/Call Out:
A: Permanent part-time employees may work on an "on-
call" basis and may be asked to report daily to their
duty station to determine if their services are needed
for that work day.
1: Such employee will receive compensation only
if their services are needed.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Page 50
30.3: Required Residential Phones:
Permanent part-time employees may, as a condition of
their employment, be required to have a telephone in their
personal residence so that they may be notified if they are
needed to work on a particular day.
30.4: Earned Leave in Lieu of Work:
If called to report: for work in their assigned job
classification, permanent: part-time, on-call, or seasonal
employees shall report to work or utilize vacation, sick
leave, or other earned time off in accordance with the
provisions of this CBA.
30.5: Fil]. In Work:
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.
30.6: Overtime/Permanent Part Time:
Permanent part-time employees will be eligible to
receive overtime payments in accordance with Article XXIV
only if they work more than forty (40) hours in any work
week. No overtime compensation will be paid if such
employee exceeds the regularly scheduled workday unless such
work causes the employee to work more than forty (40) hours
in the work week.
30.7: Call Out Pay for Permanent Part Time, On Call, Seasonal
Employees:
The provisions of Article XXVIII-Call Out Pay, shall
not apply to permanent part-time, or on-call employees.
30.8: Actual Percentage of Time Worked:
A: Permanent part-time employees shall accrue all
earned benefits including, but not limited to:
vacation leave, sick leave, and longevity.
B: Permanent part-time employees shall be compensated
for all earned benefits at the accrual rate prescribed
in this CBA prorated to reflect the actual percentage
of time worked.
C: Employees' benefit accruals will be adjusted monthly
to reflect actual benefit accrual rates.
City of Yakima
Local 1122 M[un.icipal Employees
1997 1998 CEA
Page 51
ARTICLE XXXI - ENTIRE COLLECTIVELY BARGAINED AGREEMENT: ICBA1
31.1: Entire CBA:
This CBA constitutes the complete and entire Agreement
between the parties and neither the City nor the Union shall be
bound by any requirement not specifically stated in this CBA or
applicable Charter Civil Service rules. The parties are not
bound by the past practices or understandings of the City or
the Union unless such past practices or understandings are
incorporated in this CBA.
31.2: Process:
A: The City and the Union acknowledge that each party
has had ample opportunity to submit proposals with
respect to any subject or matter not removed from the
collective bargaining process by law and regarding
wages, hours, and working conditions and agree that
all said proposals have been negotiated during the
negotiations leading to this CBA.
B: The parties further agree that negotiations will not
be reopened on any item during the life of this CBA
except by the mutual consent, or as provided in
Article X - Labor/Management Committee.
ARTICLE XXXII - SAVINGS CLAUSE
32.1: Applicable Laws:
It is understood and agreed that all provisions of this
CBA are subject to applicable laws, and if any provision of
any Article of this CBA is held or found to be in conflict
therewith, said Article shall be void and shall not bind
either of the parties hereto, however, such invalidity shall
not affect the remaining Articles of this CBA
32.2: ADA/FMLA Compliance:
Notwithstanding any other provisions of this CBA the
parties may take all actions reasonable to comply with the
Americans with Disability Act and the Family Medical Leave
Act.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 52
32.3: Mandated Changes:
If the Washington State Health Services Act of 1993 or
Federal Health Care legislation mandates changes to the
Health Care Article of this CBA, then the parties agree to
negotiate about those mandated changes.
ARTICLE XXXIII - TERMINATION
This CBA shall be deemed effective from and after the
1st day of January, 1997 and shall terminate on December 31,
1998 provided, however, that this CBA shall be subject to
such periodic changes or modifications as may be voluntarily
and mutually agreed upon by the parties hereto during the
term hereof.
City of Yakima
Local 1122 Mtnicipal Employees
1997 1998 CEA
Page 53
Execution
FOR THE UNION: FOR THE CITY OF YAKIMA
Ron Gray, Staff Representative
Council 2, WSCCCE
f�Sampson,'President
Local 1122 Bargaining Team
ette Lewis,
ocal 1122
But er,
Local 1122
argaining Team
It(
Dave Williams, Bargaining Team
Local 1122
Teresa Bor an,e President
Bargaining Team Alternate
Local 1122
City of Yakima
Local 1122 Municipal Employees
1997 1998 CBA
Glenn Rice,
Assistant City Manager
Chris Waarvick, Manager
Wastewater Division
m
chie Sutton, anager
Human Resources
ally
a`ncy udette, Manager
Refuse & Re cling Division
CITY CO?TRACT PK):
RESOLUTION NO:
R.A. Zais, Jr., City Manager
Attest:
P 7
Karen S. Roberts, City Clerk
Page 54
APPENDIX 97 -1
97-1: Administrative changes: Effective January 31, 1992
A: The City of Yakima will pay initial and all required
renewal fee's for any license/certificate required by
the City after becoming a permanent employee to hold
any given position as a condition of employment. If
licenses are initial conditions of employment, the
prospective employee will be required to pay such
licenses.
B: As part of the City's Wellness program and the
encouragement of good health practices, the City will
provide an annual physical examination free ;performed
by the City's doctor, or to Seventy -•Five ($75.00], for
such physical examinations if employee chooses his or
her own doctor to perform the examination.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 55
APPENDIX 97 -1
97-1: Administrative changes: Effective January 31, 1992
A: The City of Yakima will pay initial and all required
renewal fee's for any license/certificate required by
the City after becoming a permanent employee to hold
any given position as a condition of employment. If
licenses are initial conditions of employment, the
prospective employee will be required to pay such
licenses.
B: As part of the City's Wellness program and the
encouragement of good health practices, the City will
provide an annual physical examination free performed
by the City's doctor, or to Seventy -Five [$75.00], for
such physical examinations if employee chooses his or
her own doctor to perform the examination.
City of Yakima
Local 1122 Municipal Employees
1997 1998 CSA
Page 55
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 4/15/97
ITEM TTTLE Consideration of a Resolution Authorizing the Execution the 1997-1998 Collective Bargaining
Agreement between the City of Yakima And AFSCME Local 1122, a Resolution Authorizing the
Execution of a Memorandum Of Understanding between the City of Yakima and Police Lieutenants, an
Ordinance Amending the Classification and Compensation Plan for Certain City Employees and an
Ordinance Amending Section 2.04.030 of the City of Yakima Municipal Code relating to city and
employee contributions toward the city health care plan
SUBMITTED BY: Glenn Rice, Assistant City Manager
Archie Sutton, Personnel Officer
Don Blesio, Police Chief
CONTACT PERSON/TELEPHONE: Archie Sutton, x6090
SUMMARY EXPLANATION:
ATTACHMENT 1 -The attached Resolution authorizes a two year collective bargaining agreement with
AFSCME, Local 1122. This contract represents the result of several months of negotiations between the
parties. The settlement package is outlined below:
Major 1997-1998 AFSCME Labor Settlement Provisions
Duration: 1/1/97 - 12/31 /98
Wages: Effective 1/1/97 - 3.0% across the board
Effective 1/1/98 - 90% of the average of the U.S. Cities CPI "W" and Seattle CPI "W"
for the period of July 1996 - July 1997, subject to a 2.5% minimum and a 3.5% maximum.
Life
Insurance: Increase coverage from $15,000 to $20,000 upon execution of the collective bargaining
agreement.
Effective 1/1/98 - Increase coverage from $20,000 to $25,000.
According to the City's calculations, this settlement cost is estimated at $347,455 for 1997 and $445,275 for
1998.
• CONTINUED •
Resolution X Ordinance Contract X Other (Specify)Memorandum of Understanding
Funding Source
c
APPROVED FOR SUBMITTAL -'% '�?v`7
City Manager
STAFF RECOMMENDATION: Enact Resolutions and Adopt Ordinances.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Page 2
ATTACHMENT 2 - The attached Resolution authorizes the execution of a Memorandum
Understanding between the City and Police Lieutenants. This Memorandum of Understanding
is the result of the Police Lieutenants and Police Captains filing a Question Concerning
Representation with the Public Employment Relations Commission on April 19, 1996.
Subsequently, a hearing was held on this matter by PERC and the Captains were determined to be
Confidential employees and therefore not part of Yakima Police Management Association (Police
Lieutenants). Since that time, City representatives (Don Blesio, John Hanson, and Sheryl Smith)
have been meeting with the Yakima Police Management Association and the attached
Memorandum Of Understanding represents the results of those negotiations. Those matters
covered by the Memorandum Of Understanding generally preserve benefits lost when
promoting to a Lieutenant position. Additionally, the Yakima Police Management Association
agreed to accept the City's proposal on dependent health premium cost sharing which results in
the Yakima Police Management Association paying $120.93/mo for family coverage. The
Captains and Chief have also agreed to the same dependent premium cost sharing formula.
ATTACHMENT 3 •• The attached Ordinance amends the Classification and Compensation
Ordinance by adjusting AFSCME employees salaries by 3.0% effective January 1, 1997. Further,
this Ordinance provides for a $100.00/mo. increase for the Yakima Police Management
Association as a result of the bargaining process and the same for Captain and Chief to offset
salary compression effective May 1, 1997.
ATTACHMENT 4 - The attached Ordinance amends Section 2.04.030 of the City of Ya
Municipal Code relating to city and employee contributions toward the city health care l,_—d.
This Ordinance requires the Police Chief, Captains and Lieutenants to contribute towards
dependent health care coverage by sharing the dependent unit cost equally on a 50% - 50% basis.
CCUTT—
ORIGINAL
c15 N 2nd Sireet, Suite C
Yakima, VOA 98901
(509) 452-7887 FAX (509) 575-1999
Aitiiaz2d
,,rne"lcE3Yec`.e-c.cion of Sia:e County & Vun:c pa; Employees
GS g,o s Sale :.aoor Sour,.,�,
MEMORANDUM OF UNDERSTANDING
Under Article X of the Collectively Bargained Agreement (CBA) between the City of Yakima and
Council 2, WSCCCE, representing Local 1122, AFSCME, AFL-CIO, a Union called Labor
Management Meeting was held on December 18, 1997.
Pursuant to that Labor Management Meeting, agreement was reached concerning workplace
issues within the Emergency Communications Division for Emergency 911 Calltakers This
agreement, effective on that same December 18, 1997 date, has applied from that time forth, and
shall continue to apply during the remainder of the current CBA, or until such time as successor
language may be bargained.
The agreement reads as follows:
911 Calltakers will be granted a paid meal period of forty (40) minutes during their shift. On an
eight (8), ten (10), or twelve (12) hours shift, there will be a single meal period, scheduled as
close to mid -shift as possible.
A rest period of fifteen (15) minutes shall be allowed for each four (4) hours of on shift time.
Rest periods shall be provided as near as possible to the midpoint of each four (4) hour period.
Meal and rest periods will be provided as long as a 911 Calltaker is available for relief. The
Employer's intent is to keep a minimum of two(2) positions manned in direct relationship to the
workload existing at any given time, such that the remaining personnel, not on a rest period shall
not provide a degradation of emergency calltaking services to the public
Employees on meal periods, or on rest periods, shall remain located in the immediate vicinity of
the Emergency Communications Center (On the grounds of the Law & Justice Center) and shall
be available for immediate call back such periods, into the status of duty service.
On occasion, at the discretion of the supervisor, employees may leave the confines of the building
and grounds of the Emergency Communications Center/Law & Justice Center for a brief period
of time during their respective meals periods. On such discretionary occasions, the employee's
time off-site should not customarily and usually exceed fifteen (15) minutes. This occasional
discretionary off-site time shall be counted as a part of the meal period.
Ml Rst01
2
ORIGINAL
Memorandum of Understanding
December 18, 1997
Page 2
The parties understand that meal periods and rest periods away from the work station are
dependent upon the current relationship between the number of employees scheduled for duty
status, and the workload at hand.
The intent of the parties is for two 911 Calltakers to always be in duty status at any given time.
However, the employee's continued exhibition of professionalism regarding meal periods and rest
periods shall permit the employer to continue their liberal application of this intent pursuant to
these matters. As previously stipulated hereinabove, "The Employer's intent is to keep a minimum
of two(2) positions manned in direct relationship to the workload existing at any given time, such
that the remaining personnel, ... shall not provide a degradation of emergency calltaking services
to the public. "
The parties anticipate that when there are only two people on duty, exercise their meal period or
their rest period in full cognizance of the current workload and the external forces which may
impact that workload at any given time.
Employees are expected to carry the portable radio at any time they are in duty status, and are not
at their respective work station(s).
Ml Rst01
ORIGINAL
Memorandum of Understanding
December 18, 1997
Page 3
As agreed on the 18th day if /December, 1997,
the parties sign in recognition of this Memorandum of Understanding.
For the Employer:
Wayn mind, Manager
Communications Division
City of Yakima
Glenn Rice
Assistant City Manager
City of Yakima
Dick Zais
City Manager
City of Yakima
City Contract #98-40
Ml RstO1
For the Union:
Ron Gray, Sta epresentative
Council 2, WSCCCE
ampson
Local 1122 President
AFSCME, AFL-CIO