HomeMy WebLinkAboutR-2005-059 2005-2007 AFSCME Local 1122 General Municipal Employees Collective Bargaining Agreement (CBA)RESOLUTION NO. R-2005- 59
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement between the City of Yakima and Council 2,
Washington State Council of County and City Employees, representing
Local 1122 General Municipal Employees regarding wages, hours, and
working conditions through 2007.
WHEREAS, Council 2, Washington State Council of County and City Employees
representing Local 1122 Municipal Employees ("Union") is the exclusive bargaining
representative for general municipal employees of the City of Yakima.
WHEREAS, pursuant to the requirements of state law, labor negotiations have occurred
between the City and the Union regarding wages, hours, and working conditions for Union
members from January 1, 2005, through December 31, 2007; and
WHEREAS, the Union has expressed a willingness to agree to the terms and conditions
of the attached collective bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima that such collective bargaining agreement be executed by the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Collective Bargaining Agreement Between the City of Yakima, Washington and
Council 2, Washington State Council of County and City Employees Representing Local 1122
Municipal Employees" regarding wages, hours, and working conditions through 2007.
ADOPTED BY THE CITY COUNCIL this 5th day April, 2005.
ATTEST:
is
City Clerk
Paul P. George, 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, 2005 THROUGH DECEMBER 31, 2007
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
ARTICLE 34
ARTICLE 35
ARTICLE 36
ARTICLE 37
TABLE OF CONTENTS
PREAMBLE: 2
RECOGNITION OF UNION BARGAINING UNIT 3
UNION MEMBERSHIP 4
- COLLECTIVE BARGAINING 5
- CODE PROVISIONS 6
- IMPASSE 7
- GRIEVANCE PROCEDURE 8
- BUSINESS LEAVE 11
- EMPLOYEE RIGHTS 12
- MANAGEMENT RIGHTS 13
- LABOR/MANAGEMENT COMMITTEE 14
- SOCIAL SECURITY 15
EQUAL OPPORTUNITY CLAUSE 15
- CONTRACTING WORK 16
- STRIKES AND LOCKOUTS PROHIBITED 16
- UNION CONSTITUTION AND BY LAWS 16
- MATERNITY / PATERNITY LEAVE 17
SALARIES AND LONGEVITY 17
HEALTH CARE 18
- LIFE INSURANCE 20
- SICK LEAVE 20
- LAYOFF 25
- VACATION LEAVE 26
HOLIDAYS 27
WORK DAY / WORK WEEK PROVISIONS 30
- OVERTIME AND COMPENSATORY TIME 34
- BILINGUAL SPECIAL PAY 35
- CALL OUT PAY 35
STANDBY PAY 36
- SHIFT DIFFERENTIAL 36
- FIELD TRAINING OFFICER PAY 36
- SPECIAL ASSIGNMENT PAY 37
- LICENSING AND LICENSING RENEWALS 37
- PERMANENT PART-TIME EMPLOYEES, ON-CALL EMPLOYEES,
AND PERMANENT SEASONAL EMPLOYEES 38
TEMPORARY EMPLOYEES 39
- ENTIRE COLLECTIVELY BARGAINED AGREEMENT 39
- SAVINGS CLAUSE 40
TERMINATION 40
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PREAMBLE:
P-1 Collective Bargaining Agreement:
THIS COLLECTIVELY BARGAINED AGREEMENT, hereinafter called the
CBA, made and entered into the 1st day of January, 2005 by and between the City of
Yakima, Washington, hereinafter called the City, and the Council 2, Washington State
Council of County and City Employees, representing Local 1122 of the American
Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the
Union.
P-2 WITNESSETH:
A) WHEREAS, Chapter 41.56 of the Revised Code of Washington
contemplates the execution of collective bargaining Agreements between cities and
unions representing government employees, the intent and purpose of such act being the
promotion of the continued improvement of the relationship between public employers
and their employees by providing a uniform basis for implementing 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:
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ARTICLE 1 - RECOGNITION OF UNION BARGAINING UNIT
1.1 The City recognizes the Union as the exclusive bargaining representative of the
bargaining unit consisting of all permanent City employees except the following:
Commissioned employees of the Police Department
The Police Department Administrative Assistant
All employees of the Fire Department
All employees of the Human Resources Division
All employees of the Legal Department
All employees of the Yakima Municipal Court
The City Manager and members of his/her staff including the Administrative Secretary
and Executive Assistant
Senior Analyst
Payroll Officer
Accountant
Financial Services Officer
Treasury Services Officer
Financial Services Technician — Payroll
Deputy City Clerk
Utility and Finance Assistant
Engineering Contracts Specialist
Engineering Office Assistant
Construction Supervisor
Utility Engineer
Supervising Traffic Engineer
Senior Engineer
Water/Irrigation Engineer
Surface Water Engineer
Supervising Planner
Supervising Project Planner (Transit)
Supervising Code Inspector
Traffic Operations Supervisor
Senior Program Supervisor
Neighborhood Development Services Operations Supervisor
Recreation Program Supervisor
Aquatics Program Supervisor
Recreation Supervisor
Community and Economic Development Office Administrator
Code Inspection Office Supervisor
Public Works Office Assistant
Parks and Recreation Administrative Associate
Police Services Supervisor
Corrections Sergeant
Administrative Assistant to the Director of Public Works
Supervising Senior Analyst
Equipment Maintenance Supervisor
Mechanic II
Equipment Supervisor
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Industrial Maintenance Supervisor
Parks Operations Supervisor
Parks Superintendent
Cemetery Supervisor
Sewer Maintenance Supervisor
Street Supervisor
Street Maintenance Supervisor
Irrigations Supervisor
Water Distribution Supervisor
Building Superintendent
Traffic sign Supervisor
Solid Waste Supervisor
Transit Operations supervisor
Utility Service Supervisor
Assistant Wastewater Manager
Wastewater Treatment Plant Process Control Supervisor
Wastewater Treatment Plan Chief Operator
Environmental Analyst
Water Treatment Plant supervisor
Lab Coordinator
All other Department Heads and Division Managers
Any other classification covered by Section 2.20.100 D of the Yakima Municipal Code
ARTICLE 2 - UNION MEMBERSHIP
2.1 Union Membership:
All employees in the bargaining unit shall, within thirty (30) days after hiring, as a
condition of employment, become members of the Union, provided that exceptions to
membership shall be subject to the provisions of RCW 41.56.122 (1).
2.2 Union Insignia:
Union Members may wear official AFSCME lapel/stick pins (tie tacks) while on duty.
2.3 Payroll Deductions:
The City agrees to deduct Union fees, dues and other assessments by the Union against its
members within the bargaining unit from the pay of employees who authorize the City to
do so, which authorization shall be in writing and signed by each person authorizing such
deductions, and filed with the City. The Secretary of the Union shall notify the Finance
Director, or their designee, of the City of Yakima of amounts to be deducted from the pay
of each such person. The City shall transmit to the Washington State Council of County
and City Employees, P.O. Box 750, Everett, Washington, 98206 the aggregate of such
deductions, together with an itemized statement, on or before the 20th day of each month
following the month for which deductions are made.
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2.4 Indemnification:
The Union agrees to defend, indemnify and hold harmless the City for any loss or damage
arising from the operation of this Article knowingly caused by the Union. It is also
agreed that neither any employee nor the Union shall have any claim against the City for
any deductions made or not made unless a claim of error is made in writing to the City
within forty-five (45) calendar days after the date such deductions were or should have
been made.
ARTICLE 3 - COLLECTIVE BARGAINING
3.1 Bargaining Teams:
Collective bargaining between the parties shall be carried out by the City Manager, or his
representatives, on behalf of the City Council, and a person or persons representing the
Union. Said collective bargaining committees shall include the City Manager or his
designee, the Union staff representative, and not more than seven (7) additional members
from each party without mutual consent of the parties. The Union staff representative and
the City Manager shall exchange in writing the names of the person or persons
representing the respective parties for collective bargaining purposes prior to the first
bargaining session.
3.2 Wages Hours and Working Conditions:
Where negotiable matters pertaining to wages, hours and working conditions are fixed by
various City Ordinances, the City Manager shall give notice to the Secretary of the Union
with a copy to the staff representative of any proposed enactment or repeal of, or any
amendments to, any such ordinance applicable to members of the bargaining unit. Such
notice shall be given no less than ten (10) working days prior to the first meeting of the
City Council where such ordinance is considered, and shall be in writing and contain a
copy of the ordinance proposed to be enacted or of the proposed amendment, or shall
refer by code number to any ordinance proposed to be repealed. No ordinance affecting
wages, hours or working conditions of members of the bargaining unit shall be enacted by
the City Council unless mutually agreed upon between the City Manager (or designee)
and the collective bargaining committee of the Union.
3.3 Negotiations Timetable:
A) Prior to the termination of this CBA, the Union and the City shall exchange
written proposals for any changes in negotiable matters pertaining to wages, hours and
working conditions sought for the subsequent year(s), specifying all sought changes.
B) During the City Manager's preparation of the annual budget while negotiations are
occurring for a new CBA, the City Manager or his designee shall consider the Union's
proposals and negotiate with the Union's collective bargaining representatives. Any
agreement reached in negotiations shall be reduced to writing in a memorandum of
agreement which shall be signed by the City Manager and the Union's representative.
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C) In the event of disagreement between the collective bargaining committees
concerning any Union recommendation and before impasse procedures are invoked the
City's representative and the representative of the Union shall each set out in writing, and
furnish a copy thereof to the other party, a brief signed statement containing the subject of
disagreement as understood by the party writing the statement and the position on that
subject of the other party as understood by the party writing the statement.
D) Nothing herein shall be construed so as to require approval by the Union of any
budget, nor any portion thereof, before its submission to and adoption by the City
Council.
ARTICLE 4 - CODE PROVISIONS
4.1 Incorporation By Reference:
The following sections of the Yakima Municipal Code are hereby incorporated by
reference and made a part of this CBA. All sections listed shall be in accord with the
terms of this CBA and in the event of a conflict the terms of the CBA shall prevail.
A) Section 2.04.030
B) Section 2.20.010
C) Section 2.20.020
D) Section 2.20.040
E) Section 2.20.050
City Contributions A, B-4, C-2.
Persons Subject to Plan.
Content of Plan.
Policy for Pay Steps.
Policy for Present Employees
Subparagraph (a).
Transfer, Promotion, Reclassification,
Demotion, or Reinstatement of Employees.
Reduction of Salary.
Reimbursement for Expenditures
Subparagraph 1.
Uniform Allowance Special Assignment Pay,
Subparagraphs B and C.
Classification Plan, Subparagraph (b).
Compensation Plan, Subparagraph (e).
Shift Differential.
Longevity Plan, Eligibility Restrictions,
Subparagraphs A, C, D.
Vacation Leave, Subparagraphs A, Section 1,
and Subparagraphs B, C, D, E.
Sick Leave.
Leave Without Pay.
Unauthorized Absences.
Holidays with Pay, Subparagraphs A,
B, C, D, E, F, G, H, J, K.
F) Section 2.20.060
G) Section 2.20.070
H) Section 2.20.085
I) Section 2.20.088
J) Section 2.20.100
K) Section 2.20.110
L) Section 2.20.120
M) Section 2.24.010
N) Section 2.40.020
0) Section 2.40.030
P) Section 2.40.060
Q) Section 2.40.070
R) Section 2.40.080
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S) Section 2.40.090 Work Week.
T) Section 2.40.100 Overtime Pay, Subparagraphs A-4, B, C, D, E.
U) Section 2.40.120 Shared Leave-AFSCME employees.
ARTICLE 5 - IMPASSE
5.1 Consideration by City Council:
In the event the Union and the City Manager are unable to resolve any negotiable matter
relating to wages, hours or working conditions, either party may request that the matter be
submitted to the Yakima City Council for preliminary discussion and consideration by
that body in an effort to satisfactorily settle such unresolved matter prior to any final City
Council action by ordinance, resolution or otherwise. Such consideration by the Council
shall be made after reasonable notice to the parties, who shall have the right to be in
attendance and to be heard.
5.2 Mediation:
In the event the Union and the City Manager are unable to resolve any negotiable matter
relating to wages, hours and working conditions, either party may request mediation.
Before mediation is requested, the unresolved matter must be reduced to writing and
reasonable notice given to the other party of intentions to seek mediation. Mediation shall
be conducted by an appointee of the Washington State Public Employment Relations
Commission (PERC), or the Federal Mediation Conciliatory Service (FMCS). The
parties shall attempt to agree as to whether to request a mediator from PERC or FMCS,
however if the parties cannot agree, a mediator shall be requested from PERC.
5.3 Fact Finding:
In the event the Union and the City Manager are unable to resolve any negotiable matter
relating to wages, hours and working conditions, either party may request fact finding.
Before fact finding is requested, the unresolved matter must be reduced to writing and
reasonable notice given to the other party of intentions to seek fact finding. Fact finding
shall be conducted by a committee of citizens of the City who are not employees of the
City, one of whom shall be selected by the City Manager, one of whom shall be selected
by the Union, and the third chosen by the two so selected. The conclusions of the fact
finding committee shall be made public.
5.4 Impasse Procedure:
The impasse procedure contemplated by Article 5 - Impasse, Sections 5.1, 5.2, and 5.3,
hereinabove are not mutually exclusive, and any one or all such procedures may be
invoked by either party in the event the Union's collective bargaining committee and the
City Manager are unable to resolve any negotiable matter relating to wages, hours or
working conditions.
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5.5 Public Disclosure:
Neither party shall independently issue releases to any news media, nor otherwise make
public disclosure, during pre -impasse negotiations for a collective bargaining agreement.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 Policy:
The parties recognize that the most effective accomplishment of the work of the City
requires prompt consideration and equitable adjustments of employee grievances. It is
the desire of the parties to resolve grievances informally whenever possible, and both
supervisors and employees are expected to make every effort to resolve problems as they
arise. However, it is recognized that there may be grievances which can be resolved only
after a formal review. Accordingly, the following procedure is hereby established in
order that grievances of employees covered by this CBA may be resolved as fairly and
expeditiously as possible.
6.2 Remedies:
The Union may either grieve matters according to this Article or the Union may appeal to
the Yakima Charter Civil Service Commission according to the Commission's Rules and
Regulations. However, the Union may not exercise both approaches but must choose one
or the other.
6.3 Definitions:
A) A "grievance" is a dispute concerning the interpretation, application, or alleged
violation of any provision of this Agreement.
B) The term "working day" as used in this Article means Monday through Friday
excluding holidays.
C) The term "employee" as used in this Article means a permanent, permanent part
time, permanent seasonal, or probationary employee who is a member of the bargaining
unit or group of such employees, accompanied by a representative if so desired.
6.4 Special Provisions:
A) The aggrieved party and his or her chosen representative shall be granted time off
without loss of pay for the purpose of processing a grievance. City employees attending
hearings as a witness for the aggrieved party shall be granted time off without loss of pay
for the purpose of providing testimony, including Civil Service Commission meetings.
The aggrieved party's representative may, after making advance notification in writing as
soon as possible to the relevant Division Manager(s), visit the work location of
employees covered by this CBA for the purpose of investigating a grievance. Said
investigation shall be conducted so as not to disturb the work of uninvolved employees.
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B) Grievances on behalf of one individual employee may not be initiated or pursued
without the employee's written consent.
C) Grievances on behalf of more than one individual employee may be initiated or
pursued without the employees' written consent.
D) A grievance may be entertained in or advanced to any step in the grievance
procedure if requested by one party in writing and agreed to by the other party in writing.
E) The time limits within which action must be taken or a decision made as specified
in this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties
involved at the step to be extended. Failure of either party to meet the time limit or
extended time limit for responses or appeals at any step in the process shall render the
decision in favor of the other party.
6.5 Procedure: To be reviewable under this procedure a Union grievance must be filed in
writing within thirty (30) calendar days after the action or decision giving rise to the grievance
and must comply with the following:
A) Be filed upon an AFSCME Form F-29.
B) Identify an alleged act or omission by management concerning this CBA.
C) Identify the specific provisions of this CBA alleged to have been violated.
D) Specify the relief sought.
6.6 STEP I: Informal Discussion with Immediate Supervisor:
Prior to filing a written grievance as described in Step II below, the employee shall meet with his
or her immediate supervisor to discuss the subject of dispute. If the subject of dispute is the
immediate supervisor, the employee shall meet with the Division Manager.
6.7 STEP II: Grievance Filed with Division Manager:
The affected employee shall pose the question of the grievance in writing to his or her Division
Manager within 30 calendar days of the action or decision giving rise to the grievance. The
Division Manager shall answer the question of the misunderstanding and/or dispute in writing
within 15 working days.
6.8 STEP III: Grievance Appealed to Department Head:
An employee who is dissatisfied with the decision of the Division Manager may submit the
grievance in writing to the Department Head within fifteen (15) working days after receipt of the
Division Manager's decision. The Department Head shall make a separate investigation and
notify the employee in writing of the decision, and the reasons therefore, within fifteen (15)
working days after receipt of the employee's grievance.
6.9 STEP IV: Grievance Appealed to City Manager:
If the employee is dissatisfied with the decision of the Department Head, the employee may
obtain a review by the City Manager by submitting a written request to the City Manager within
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fifteen (15) working days after receipt of the decision of the Department Head. The City
Manager shall make such investigation and conduct such hearings as is deemed necessary, and
shall, within fifteen (15) working days after receipt of the employee's request for review, inform
the employee in writing of the City Manager's findings and decision.
6.10 Management Grievance:
Any grievance by the City against the Union shall be reduced to writing and submitted, no later
than thirty (30) calendar days after having been made aware of the issue, to the President of the
Union Local with a copy to the WSCCCE staff representative. The Union President shall make
an investigation of the relevant facts and shall, within fifteen (15) working days, provide a written
decision, and the reasons therefore. If the matter is not satisfactorily settled, an appeal may be
instituted as set forth in 6.11 below.
6.11 STEP V: Final Resolution of Grievance:
A) Either party to this CBA may refer unsettled grievances to Arbitration.
B) 1) A request for Arbitration shall be in writing and shall be submitted to the other party
not more than thirty (30) working days after the reply of the City Manager, or the Union
President, respectively, unless the time shall be extended by written mutual agreement.
2) Such request shall identify the previously filed grievance which is the basis for the
request for Arbitration and shall set forth the issue or issues which the party making the
request seeks to resolve.
C) 1) The Arbitrator may be selected by mutual agreement between the City Manager and
the Union. Alternatively, the parties may mutually request a list of nine (9) Arbitrators
from the Public Employment Relations Commission (PERC), the American Arbitration
Association (AAA), or the Federal Mediation and Conciliation Service (FMCS). In the
event the parties cannot agree on what agency to request a list from within fifteen (15)
working days, then either the City Manager or the Union may request a list of nine (9)
Arbitrators from PERC.
2) Within fifteen (15) working days from the receipt of the list the parties shall alternately
strike names from the list until one (1) name remains, who shall serve as Arbitrator. The
party to strike the first name shall be determined by a coin flip.
D) The Arbitrator shall be limited to determining whether the City or the Union has violated
or failed to apply properly the terms and conditions of this CBA. The Arbitrator shall
have no power to destroy, change, delete from or add to the terms of this CBA.
E) PERC rules and procedures shall govern the hearing.
F) The parties agree that the decision of the Arbitrator shall be final and binding and
implemented within thirty (30) calendar days following the rendering of the decision.
G) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcript(s) shall
be shared equally by the parties.
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H) Each party shall bear the remaining costs of the preparation and presentation of its own
case, including attorneys' fees, regardless of the outcome.
ARTICLE 7 - BUSINESS LEAVE
7.1 Contract Administration:
Members representing the Union, not exceeding seven (7) in number, shall be granted
leave from duty without any loss of pay for actual time spent for all meetings between the
City and the Union for the purpose of negotiating wages, hours and working conditions
and the terms of a contract and up to four (4) members for meetings between the City and
the Union for the purpose of processing grievances when such meetings take place at a
time during which any such members are scheduled to be on duty. Actual time spent for
meetings shall be limited to time spent in meetings and travel time. The Union may
choose which union members to send to contract administration meetings, provided it
gives the members' immediate supervisor(s) reasonable notice.
7.2 Other Union Business:
A) The City of Yakima will maintain a standard for the accounting of Union business
leave.
B)Such officers and members of the Union as may be designated by the Union, not to
exceed four (4) in number at any one time (except for attending labor conventions when
the number shall not exceed seven (7) at any one time), shall be granted leave from duty
with pay for union business other than that provided in Articles 7.1 and 7.3 herein
including, but not limited to attending labor conventions and educational conferences
regarding collective bargaining and civil service, provided that notice of such leave shall
be given in writing at least one week prior thereto (emergencies excepted), and approval
obtained from the Department Head, and provided further that the total leave for the
bargaining unit for the purpose set forth in this section shall not exceed 135 hours in any
calendar year.
7.3 Shop Stewards:
Shop Stewards shall be allowed up to one (1) hour per month with pay for Shop Stewards
meetings conducted during the steward's work shift. The number of Shop Stewards shall
not exceed five (5) per City department or a City-wide total of twenty (20). The Union
shall keep the City informed, in writing, of the current Shop Stewards and Local Union
Officers and shall provide at least seven calendar days advance notice of regular meetings
in writing to the affected Division Managers in order to properly schedule staff coverage.
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ARTICLE 8 - EMPLOYEE RIGHTS
8.1 Personnel Files:
Employees shall have the right, upon request, to inspect their personnel file. No material
referring to an employee's job competence or conduct shall be placed in the file without
the employee's knowledge and the employee's opportunity to attach his or her comments.
A copy of any entry pertaining to job competence or conduct will be given to the
employee.
8.2 Performance Evaluations:
A) The initial discussion regarding a probationary, special or annual performance
evaluation shall take place solely between an employee and his or her immediate rating
supervisor. Thereafter, an employee may be accompanied by a Union representative
where job conduct or said performance evaluation is reviewed in a conference with
management. On-the-job discussions between employee(s) and supervisor(s) regarding
job duties, assignments, or performance shall not be considered disciplinary action and
shall not be subject to this provision.
B) Appeals of performance evaluations shall be made in accordance with Charter Civil
Service Rules and Regulations.
8.3 Probationary Period:
A) Police Department Positions.
The probationary period for all Police Department positions, including new hires and
promotions, shall be twelve (12) months.
B) Non -Police Department Positions.
The probationary period for all other bargaining unit positions shall be as follows:
The probationary period for promotions shall be six (6) months. Effective June 1, 2005,
the probationary period for new hires shall be twelve (12) months, provided that
probationary employees may use vacation leave and are eligible for step increases after
six (6) months of employment, subject to and in accordance with all other rules, policies,
the Yakima Municipal Code, and this CBA.
8.4 Off Duty Actions:
Off-duty activities shall be cause for disciplinary action in accordance with state and local
law and the Charter Civil Service Commission Rules and Regulations.
8.5 Work Rules:
Work rules and policy shall be posted for employees and be in writing. They shall be
uniformly applied. When existing work rules, policy or procedure are changed or new
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rules or procedures established, employees whose work assignment is affected shall be
notified in writing (that is, by circulating memoranda) and the new rule or procedure shall
be posted prominently on appropriate bulletin boards for a period of fourteen (14)
calendar days before becoming effective, except for changes of an emergency nature.
8.6 Compliance:
Employees shall comply with all existing rules that are not in conflict with the express
items of this CBA, provided that rules are uniformly applied and uniformly enforced, and
provided that reasonable notice has been given of the existence of the rule.
8.7 Safety and Health Committee:
A) The City has established a City-wide Safety and Health Committee in accordance with
state law. Such committee shall receive and investigate complaints of unsafe or
unhealthy working conditions and shall recommend appropriate remedies to the City.
B) Unresolved complaints of violations of Washington Industrial Safety and Health laws
may be referred to the Washington State Department of Labor and Industries, Industrial
Safety Division, for investigation.
C) The City and the Union agree to form a Labor -Management Task Force to study safety
and health issues and make recommendations to the Safety and Health Committee.
8.8 Union Participation:
An employee has the right to hold Union office, seek Union assistance, file a grievance or
use other benefits of this CBA according to the terms set forth without reprisal,
repression, intimidation, prejudice or discrimination.
8.9 Working Environment:
The City shall provide the members of the bargaining unit with safe and healthy working
environments. These working environments shall follow Federal and State law, and shall
be free from discrimination, harassment, disparate treatment, and non-professional
management practices.
ARTICLE 9 - MANAGEMENT RIGHTS
9.1 Management Rights Exclusive of the CBA:
Except as specifically abridged, granted, delegated or modified by this CBA, including
amendments, the City retains all legal and inherent exclusive rights with respect to
matters of legislative and managerial policy. Furthermore, the City reserves all customary
management prerogatives including, but not limited to, the right to:
A) Establish, plan for, and direct the work force toward the organizational goals of
the municipal government.
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B) Determine the organization, and the merits, necessity and level of activity or
service provided to the public.
C) Determine the City budget and financial policies including accounting procedures.
D) Establish, regulate and administer a personnel system, in conformity with the City
Charter and Charter Civil Service Rules and Regulations, which provides for all types of
personnel transactions including determining the procedures and standards for hiring,
promotion, transfer, assignment, lay off, discipline, retention and classification of
positions.
E) Discipline or discharge of employees for cause as provided by the General Rules
and Regulations of the Charter Civil Service Commission and in conformity with this
CBA.
F) Determine the methods, means, equipment, numbers and kinds of personnel and
the job or position content required to accomplish governmental operations and maintain
the efficiency thereof.
G) Determine and change the number and locations and types of operations,
processes and materials to be used in carrying out all City functions.
H) Assign work to and schedule employees in accordance with Civil Service
classifications and position descriptions, and to establish and change work schedules in
accordance with Article XXIV-Work Day, Work Week Provisions, Section 24.6.
I) Relieve any employees from duty due to a lack of work or insufficient funds.
J) Take all actions necessary to carry out the mission of the City in emergencies.
9.2 Scope of Management Rights:
The above-cited management rights are not to be interpreted as being all inclusive, but
merely indicate the type of rights which belong to the City. It is understood that any of
the rights, power and authority the City had prior to the signing of this CBA are retained
by the City.
ARTICLE 10 - LABOR / MANAGEMENT COMMITTEE
10.1 Intent:
The City and the Union shall cooperate to provide the public with efficient and courteous
service, encourage good attendance of employees, and promote a climate of labor
relations that will aid in achieving a high level of efficiency and productivity in all
departments of City government.
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10.2 Makeup:
In order to accomplish these goals, a Labor/Management Committee shall be established
consisting of up to eight (8) individuals: three (3) Union members chosen by the Union,
the Union staff representative, the City Manager or his/her designee, and three (3)
individuals selected by the City Manager from the management team and/or the City
Council.
10.3 Time Frame:
The Labor/Management Committee shall schedule meetings at mutually agreeable times,
but not later than fifteen (15) working days from the date of a request for a meeting by a
party to this CBA. Requests shall be in writing and contain the item(s) or topic(s) at
issue.
10.4 Agenda:
At least ten (10) working days prior to the meeting, a written agenda shall be prepared by
the party requesting the meeting and may be supplemented by additions made by the other
parties. A final agenda shall be established and distributed to all parties at least three (3)
working days prior to the date of the meeting. Items not on the agenda are not required to
be discussed at the meeting unless mutually agreed by all parties at the beginning of the
meeting.
10.5 Resolution:
Should the Labor/Management process result in a particular change in wages, hours and
working conditions or otherwise supplement or modify this CBA, the change shall be
reduced to writing in the form of a Letter of Understanding or Memorandum of
Agreement and shall be executed by the parties.
ARTICLE 11 - SOCIAL SECURITY
The City will continue to provide the employer's share of Medicare and FICA (Social Security)
for bargaining unit members.
ARTICLE 12 - EQUAL OPPORTUNITY CLAUSE
12.1 It is the policy that the City of Yakima will comply with Revised Order No. 4
implementing U.S. Executive Order 11246, Equal Employment Opportunity Act of 1972,
the Vocational Rehabilitation Act of 1973 as amended and implementing regulations, and
the "Americans with Disabilities Act" (ADA) of 1991 as is mandated by these provisions
and regulations.
12.2 It is the policy of the City of Yakima and the Union to not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national
origin, marital status or disability.
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ARTICLE 13 - CONTRACTING WORK
Effective January 1, 2000, the City agrees that no permanent employee shall be laid off as a
direct result of the City contracting out work currently done by City employees. The City,
however, retains the right to continue currently contracted out work and retains the right to
contract out any other positions or services deemed desirable or necessary, and reassign
employees who might otherwise be laid off as a result thereof. The City further retains the
exclusive right to lay off employees at the discretion of the City, due to the lack of funds.
In the event the City is considering contracting out work/services in the future, it will provide the
Union with forty-five (45) days notice prior to its final decision. During said time period, the
Union may provide information to the City concerning other alternatives/options that the Union
asserts are more cost-effective than subcontracting out the work/services. However, the parties
agree that the City expressly reserves and retains the exclusive right to decide whether to
subcontract out the work/services after consideration of the information provided by the Union.
Additionally, and in the event the City decides to contract out work/services in the future, it will
provide the Union with forty-five (45) days advance notice to bargain any effects of the
subcontract upon the bargaining unit. The parties shall make a good faith effort to resolve any
such issues within the forty-five (45) day time period. After forty-five (45) days, the City may
implement the subcontract even though the effects of bargaining are not concluded.
ARTICLE 14 - STRIKES AND LOCKOUTS PROHIBITED
14.1 Strikes:
The Union shall neither cause, encourage nor counsel employees within the bargaining unit to
strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees
to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to
perform any customarily assigned duties; provided, however, in the event the laws of the State of
Washington should be changed so as to allow the right to strike, or to substitute therefore any
other right in its place, this CBA shall be construed so as to allow the Union to exercise any such
right that is hereafter provided by law or change of law, and the parties to this Agreement hereby
agree to be bound by the terms of any such law or change of law.
14.2 Lockouts:
The City agrees that during the term of this CBA, there will be no lockouts. However, a
complete or partial reduction of operations for economic or other compelling business reasons
shall not be considered a lockout. In addition, if an employee is unable to perform his or her
duties because equipment or facilities are not available due to a strike, work stoppage or
slowdown by any other employees, such inability to provide work shall not be deemed a lockout.
ARTICLE 15 - UNION CONSTITUTION AND BY LAWS
Upon request of the City Manager or his or her designee, the Union promptly shall furnish to the
City Manager a current copy of the constitution, by laws and any other rules or regulations of the
Union, including any revisions thereto.
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ARTICLE 16 - MATERNITY / PATERNITY LEAVE
16.1 Maternity Leave:
Pregnancy will be treated in accordance with the Municipal Code as governed by RCW
Chapter 49.60, WAC 162-30-120, and the Family Medical Leave Act (FMLA).
16.2 Paternity Leave:
Paternity Leave granted by the City under the FMLA is subject to the specific Paternity
Leave tenets of that act. The intent of this CBA is not to add to, delete from, or otherwise
interfere with employee rights under this law.
ARTICLE 17 - SALARIES AND LONGEVITY
17.1 Salaries:
A) Effective January 1, 2005, the compensation schedule in effect on December 31,
2004 shall be increased by two percent (2%).
B) Effective January 1, 2006, the compensation schedule in effect on December 31,
2005 shall be increased by two and one-quarter percent (2.25%).
C) The parties agree to re -open this collective bargaining agreement on the issue of
salaries for 2007.
17.2 Longevity defined:
Longevity Compensation shall be in accordance with Yakima Municipal Code Section
2.24.010, Subparagraph "A" as amended, effective January 1, 1984.
17.3 Longevity Accruals:
Longevity Compensation
Years Service Percentage of Base Pay
At least 60 months and
less than 120 months 1.5%
At least 120 months and
less than 180 months 3%
At least 180 months and
less than 240 months 4.5%
240 months or more 6%
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ARTICLE 18 - HEALTH CARE
18.1 Availability:
Medical, Dental, and Vision insurance is provided by the City through the Health Care
Trust.
Covered bargaining unit employees, retirees and their dependents shall participate in the
"City of Yakima Employees' Health and Welfare Plans." Eligibility rules, types and
levels of benefits, payment of premiums through a cafeteria plan, co -payment, co-
insurance and deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the "City of Yakima Employees'
Welfare Benefit Program."
18.2 Health Care, Dental, and Life Premium Contributions:
All insurance premium base rates shall be determined annually by the applicable broker
of record and the formulas described below shall apply.
A) Employee Only Premium Contribution:
The City shall pay the monthly employee only health care premium as set by the City of
Yakima Employees' Welfare Benefit Board.
B) Employee and Family Premium Contribution:
The City and employees shall share the monthly dependent unit health insurance
premiums on a 50% by the employer and 50% by the employee basis.
Example for Illustration Purposes Only -- Based Upon 2003 Rates
50%/50% split dependent coverage ($342.18)
50% City contribution. $171.09
50% Employee contribution: $171.09
C) Dental Insurance Premium Contribution:
The City shall pay the premium for the employee and dependent family dental insurance.
18.3 Retiree Medical, Dental, and Vision Coverage:
A) Upon payment of the full premium as required in 18.2 herein above, retirees may elect
to remain in the group medical, dental, vision plan until they reach age 65.
B) Spouses of retirees may remain in the group medical plan until they reach age 65 or in
the case of spouses of deceased retirees, until the spouse reaches the age of age 65, or
remarries, whichever occurs first.
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C) Other dependents of retirees may remain in the group medical plan as long as they
remain eligible under the provisions of the plan or until coverage for the retiree and
spouse, or, the spouse of a deceased retiree terminates, at which time such dependent
insurance coverage ceases regardless of the age of the dependents. Premiums shall be
paid by deduction from retirement checks paid to retired employees or their beneficiary.
D) Retirees, or spouses of deceased retirees, shall pay the full premium (including
dependents if enrolled) which shall be the same as the normal group rate assessed for
coverage of active municipal employees and dependents as applicable. Premiums shall
be paid by deduction from retirement checks paid to retired employees or their
beneficiary.
18.4 Long Term Disability:
The City agrees to continue to deduct voluntary long-term disability premiums through
payroll deduction. Employees shall authorize the City to do so in writing.
18.5 Wellness Committee:
Union representatives from this bargaining unit will be selected by the Union to serve on
the Wellness Committee. The Committee will discuss such topics as heart programs, life
programs, and physical examination coverage.
18.6 Health Hazards/Inoculations:
For employees who are exposed to health hazards by direct contact with raw sewage,
industrial waste, human waste, or animal waste, the City will arrange and provide for
inoculations or vaccines as recommended by the Yakima County Health Officer or other
governing regulations.
18.7 Annual Physical Examination Provided:
As part of the City's Wellness program and the encouragement of good health practices,
the City will provide Seventy -Five Dollars ($75.00) towards an annual physical
examination.
18.8 Employee Health and Welfare Benefit Board:
A) The Union will select four (4) representative board members. Along with
representatives from the City and other bargaining units, these representatives will serve
on the City of Yakima Employee Health and Welfare Benefit Board, hereinafter referred
to as the "Board."
B) The purpose of the Board shall be to study and become informed regarding Health
Insurance Programs, including the City's modified self-funded program; to identify
perceived and real problems, and make recommendations to the City and to the Union on
ways to improve and enhance, in an economical fashion, the Health Care Insurance
Program.
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C) To enable the Board to become knowledgeable and to make reasonable and objective
recommendations for change, the City agrees to the following:
1) There shall be complete and open disclosure within the limits of medical
confidentially to the board by City staff and Insurance Providers on information
necessary for the board to complete its duties.
2) The Board shall be permanent. Any member(s) of the board who for any
reason step down as a Board Member shall be replaced by the same selection
process hereinabove.
18.9 Right of Withdrawal:
The Union shall have the right to withdraw from the City's self-insured program by
notifying the City in writing six (6) months in advance.
18.10 VEBA:
The Union has the option to participate as a group in the VEBA program set up by the
City of Yakima upon 90 days advance written notice to the City.
ARTICLE 19 - LIFE INSURANCE
19.1 Employee Life Insurance Benefit:
A) Effective January 1, 2005, the City shall provide a life insurance policy to
bargaining unit members with a face value of Thirty -Five Thousand Dollars ($35,000).
B) Effective January 1, 2006, the City shall provide a life insurance policy to
bargaining unit members with a face value of Fifty Thousand Dollars ($50,000).
The life insurance premiums shall be paid in full by the City effective January 1, 2005
through December 31, 2007.
ARTICLE 20 - SICK LEAVE
20.1 Sick Leave:
Sick leave with pay is established as an insurance program for salary continuation during
periods of illness, and particularly extended illness as follows:
A) Accrual:
All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours per
month for each full calendar month of the eligible employee's continuous service with the
City. Said accrual shall be prorated for partial months worked, as well as prorated for
permanent part-time employees.
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B) Use:
Effective June 1, 2005, sick leave cannot be used during the month of accrual.
C) Sick Leave Not Used/Capped:
Unused sick leave shall accumulate to a maximum of 1040 hours. Employees whose sick
leave balance exceeded the aforementioned maximum as of December 31, 1981 shall be
permitted to exceed the maximum until such time as their use reduces the balance below
1040 hours. No additional credits will be subsequently earned or allowed to accumulate
above the cap of 1040 hours.
20.2 Permissible Use of Sick Leave:
An employee eligible for sick leave with pay, shall be granted such leave for the
following reasons:
A) Instances of personal illness or physical incapacity resulting from causes beyond
employee's control;
B) To care for a child of the employee with a health condition that requires treatment
or supervision; "child" as used herein means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in the place of a parent ("in loco
parentis" as legally defined) who is (a) under eighteen years of age or (b) eighteen years
of age or older and incapable of self-care because of a mental or physical disability;
C) To care for a spouse, parent, parent -in-law, or grandparent of an employee who
has a serious health condition or an emergency condition; "parent" as used herein
includes an individual who stood in the place of a parent ("in loco parentis" as legally
defined) to an employee when the employee was a child.
D) For verifiable visits to a health care provider, for the employee, or for the
employee's immediate family.
1) For the intent of this CBA, the "Immediate Family" is defined as persons
related by blood, marriage, legal guardianship or adoption such as any wife,
husband, parent, grandparent, brother, sister, child, recognized foster child, or
grandchild of the employee.
2) The term immediate family does not include persons sharing the same
general household when the living style is primarily that of a dormitory or
commune.
E) Quarantine of employee due to exposure to a contagious disease.
F) On the Job injuries:
Any employee receiving sick leave with pay, who is eligible for time loss payments under
the Workman's Compensation Law may be paid full salary (sick leave) and on receipt of
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time loss payments may endorse such payments to the City to restore a portion of their
used sick leave based upon the following formula: time loss payment divided by the
employee's regular hourly rate of pay equals hours of leave to be restored.
OR
At the option of the employee, the employee can retain their time loss payment and can
continue to use accumulated sick leave to equal up to 100% of the available hours per
month not to exceed 40 hours per week.
20.3 Bereavement Leave:
A) Employees who are eligible for sick leave under this CBA shall:
1) In the event of each death in the employee's immediate family, employees
may consume up to three (3) days bereavement leave, per year, without loss of
pay. These three (3) days shall not be credited against their sick leave accrual.
2) In the event of any days beyond the initial three (3) bereavement days per
year, additional leave days will be debited against the employee's sick leave
accrual.
20.4 Exception:
Employees are not allowed to report to work at another job during the same hours that
sick leave is claimed. Violations shall be treated in accordance with Section 20.7 B of
this CBA.
20.5 Sick Leave Exhausted:
Employees who have exhausted all accumulated sick leave may use accumulated vacation
leave, compensatory, in -lieu time, or their personal holiday in lieu of sick leave subject to
the requirements of Article 20 -Sick Leave, Section 20.2 -Permissible Use of Sick Leave,
herein above.
20.6 Requirements for Paid Sick Leave Usage:
A) Absence Reported:
(1) Unless otherwise provided herein, every employee must report to the
representative designated by his or her Department Head the reason for the
absence as far in advance of the starting of their scheduled work day as possible.
Generally, this report should be made no later than fifteen (15) minutes before the
starting time of the shift on the first day of absence.
(2) Police Services employees must report the reason for any unscheduled
absence due to illness or injury to the representative designated by the employee's
Division Manager at least one (1) hour before the starting time of the shift on each
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day of an absence of less than three (3) days. For incidents more than three (3)
days, Section 20.6(B) shall apply.
B) Incidents Greater Than Three Days:
For incidents of sick leave use lasting longer than three (3) working days, the Department
Head may require the employee to submit a written explanation for the leave and may
also require the employee to submit a written statement by the employee's health care
provider confirming the need for such leave. Requests for written statements from the
employee's health care provider will be made prior to the employee's return to work.
C) Home Visits:
Employees may choose to permit home visits by the Employer. In the event that home
visits are requested by the employer and denied by the employee, the sick leave usage
may be denied as unverifiable.
D) Designated Medical Examinations:
The Employee must permit medical examinations as designated by the City, at the
expense of the City. Scheduling of these medical examinations will be at the mutual
convenience of the City and the employee.
20.7 Enforcement of Sick Leave Provisions:
A) Failure to Comply:
Any failure to comply with the provisions of Article 20 - Sick Leave, Section 20.6 --
Requirements for Paid Sick Leave Usage, hereinabove, shall be grounds for denial of sick
leave with pay or other paid leave taken in lieu of sick leave for the period of absence.
B) Disciplinary Action:
Misrepresentation of any material facts in connection with paid sick leave or other paid
leave taken in lieu of sick leave by an employee shall constitute grounds for disciplinary
action, including suspension or discharge.
C) Review, Investigation, Disciplinary Action:
It shall be the responsibility of the Department Head or his/her designee to do the
following:
1) Review all sick leave or other paid leave taken in lieu of sick leave and
approve that which is bonafide and complies with the provisions of this section
and forward approved time cards to the Payroll Officer. The Payroll Officer shall
not certify the payment of sick leave or other paid leave taken in lieu of sick leave
until the approved applications have been received, except that employees still
absent at the end of a pay period may be certified for payment of sick leave or
other paid leave taken in lieu of sick leave by the Payroll Officer upon
recommendation of the Department Head as indicated by his/her signature on the
time sheet and subject to the receipt of an approved application for sick leave pay
or other paid leave taken in lieu of sick leave immediately upon the employee's
return to work;
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2) Investigate any suspected abuse of sick leave or other paid leave taken in
lieu of sick leave;
3) Withhold approval of sick leave pay or pay for other leave taken in lieu of
sick leave in the event of unauthorized use;
4) Initiate disciplinary action if, as a result of investigation, it is determined
that an employee has been guilty of willful misrepresentation in a request for sick
leave pay or other pay taken in lieu of sick leave pay.
20.8 Sick Leave Exchange: Up to 719 Hours:
A) Employees who have accrued up to 719 hours of sick leave may exchange sick leave
as follows:
1) Additional Vacation Days:
Employees who have accrued up to 719 hours of sick leave hours may exchange
sick leave hours for vacation days in accordance with Yakima Municipal Code
2.40.030 E -C.
2) Upon Retirement/Death:
Upon retirement or death, the employee's accrued sick leave up to and including
719 hours will be exchanged for pay at the rate of 50% of the employee's current
base pay. Effective January 1, 2001, maximum payment shall be $6,250.
3) Upon Termination:
Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to and including 719 hours or less will
be exchanged for pay at the rate of 25% of the employee's current base pay.
Honorable termination includes layoff for budget reasons, as well as resignation
with at least fourteen (14) calendar days notice. Effective beginning January 1,
2001, maximum payment shall be $6,250.
20.9 Sick Leave Exchanged: 720 Hours or More:
A) Employees who have accrued 720 or more hours of sick leave may exchange sick
leave for additional vacation days or for pay subject to the following provisions:
1) Upon Retirement/Death:
Upon retirement or death, the employee's accrued sick leave up through a
maximum of 720 hours will be exchanged for pay at the rate of 100% of the
employee's current base pay. Effective January 1, 2001, maximum payment shall
be $12,500.
2) Upon Termination:
Upon termination under honorable conditions, as distinct from death or
retirement, the employee's accrued sick leave up to a maximum of 720 hours will
be exchanged for pay at the rate of 50% of the employee's current base pay.
Effective January 1, 2001, maximum payment shall be $6,250.
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3) Additional Vacation Days:
Employees who have accrued 720 or more hours of sick leave may exchange such
sick leave for bonus (additional) leave days, at the rate of 32 hours of sick leave
for each additional 8 hours of leave, not to exceed a total of 40 added leave hours
annually, utilization of which would be subject to the scheduling and approval by
the Department Head.
20.10 Sick Leave Exchange Procedure:
A) Any permanent employee may exchange accrued sick leave as provided in Article
20 - Sick Leave, Sections 20.8 or 20.9 hereinabove, at the option of the employee, subject
to the following conditions and provisions:
1) A request for such an exchange shall be made to the Finance Director, or
his/her designee. All requests shall be in writing and shall be signed by the
employee making the request.
2) Requests will be accepted only during the first five (5) working days of
each month with exchanged leave to be available within fifteen (15) calendar days
of the date the request is received by the office of the Finance Director, or his/her
designee. Exceptions to the above will be made for termination, layoff or
disability retirement.
3) No request will be granted for less than eight (8) hours pay or a minimum
of three (3) days leave.
4) No exchange will be granted to an employee who has been terminated for
cause.
5) In the event of layoff, exchange requests are the responsibility of the
employee. Upon receipt of a written request to the Human Resources Division by
the Employee, the City shall explain the Employee's exchange options.
20.11 Sick Leave Pool:
Effective January 1, 2001, the three (3) days unpaid leave waiting period shall be
eliminated for an employee to be eligible for the sick leave pool, as per the City of
Yakima Municipal Code provision in 2.40.120 Shared Leave -- AFSCME Employees, #6,
and in this agreement per Article 4 - Code Provision 6.
ARTICLE 21 - LAYOFF
In the event that it becomes necessary to amend the layoff procedure in the Charter Civil Service
Rules, the City and the Union shall cooperate to develop layoff procedures which shall be
mutually acceptable for submission to the Yakima Charter Civil Service Commission.
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ARTICLE 22 - VACATION LEAVE
22.1 Vacation Leave Accrual:
Employees shall be granted annual vacation pursuant to the following conditions:
A) All full-time employees shall accrue vacation with pay as follows:
YEARS OF SERVICE ACCRUAL RATE
After one (1) full year 6.67 hours per month
(80 hours per year, 40 hours may be
taken after 6 months)
After two (2) full years 8.0 hours per month
(96 hours per year)
After five (5) full years 10.0 hours per month
(120 hours per year)
After ten (10) full years 12.67 hours per month (152 hours per
year)
After fifteen (15) full years 14.67 hours per month
(176 hours per year)
After twenty (20) full years 16.00 hours per month
(192 hours per year)
B) These accruals shall be prorated on actual hours worked for permanent, permanent
part-time, and permanent seasonal employees.
22.2 Capped Vacation Accruals:
Employees shall be allowed to accrue a total amount of vacation time equal to the amount
which can be earned in two (2) years.
22.3 Illness During Vacation Leave:
Employees who become ill while on approved vacation may utilize sick leave for the
period of illness subject to the provisions of Article 20, Section 20.2, Paragraph B,
provided the following conditions are met:
1. Immediately upon becoming ill, the employee notifies the Division Manager;
and
2. Upon returning to work, the employee presents to the Division Manager a
certificate from a health care provider stating the date and nature of the
illness and the length of the incapacity.
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22.4 Vacation Leave Use:
Effective June 1, 2005, vacation leave cannot be used during the month of accrual.
ARTICLE 23 - HOLIDAYS
23.1 Paid Holidays Recognized:
The following shall be recognized and observed as paid holidays:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans' Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25
23.2 Personal Holiday:
Employees have the availability of one (1) personal holiday per year.
23.3 Personal Holiday Taken:
The personal holiday may be taken subject to the following conditions:
A) The employee has been or is scheduled to be continuously employed by the City
for more than six (6) months.
B) The employee has given not less than 14 calendar days of written notice to the
Division Manager, provided, however, the employee and the Division Manager may agree
on an earlier day.
C) The Division Manager has approved the day.
D) The day selected does not prevent a department from providing continued public
service and does not interfere with the efficient operation of the department, and
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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. At the
employee's option, the employee may be paid at straight time with the equivalent of one
and one-half (1-1/2) days being granted off within ninety (90) days in lieu of the premium
holiday pay.
23.5 Weekend - Workers:
Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if a
holiday falls on Sunday, the holiday shall be observed Sunday for those employees
regularly scheduled to work on Saturday or Sunday unless otherwise provided herein.
23.6 Release from Holiday Duty:
Requests for release from holiday duty will be acted upon by the Division Manager at
least ten (10) days prior to the holiday unless otherwise provided herein. However,
management may cancel an approved request if unforeseen events create a staffing
vacancy which must be covered, or in case of an emergency. Subsequent to approval of
holiday time off, employees may not demand to work the holiday.
23.7 Equivalent Day Off:
A) If a holiday falls on an employee's normal day off, an equivalent day off will be
granted to the employee to be scheduled within ninety (90) days of the holiday. The
employee may express a preference on the equivalent day to take off, however, the
ultimate decision will be made by the Division Manager.
B) Whatever the employee's scheduled work day period may be, the holiday(s) taken
are worth the same number of hours as the employee's regularly scheduled work day.
23.8 Wastewater Division Holidays:
Due to the around-the-clock nature of services provided by the Wastewater Division, it is
often necessary to assign holiday work shifts to members of the bargaining unit.
A) Holiday shifts shall be worked as assigned. In the instances of holiday shifts,
relevant staffing levels will be determined by operational circumstances.
B) Requests for release from holiday duty shall be submitted to the Wastewater
Division Manager as early as possible, but no later than thirty (30) days prior to the
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holiday. Approval of holiday time off is at the discretion of management, and is
dependent upon operational requirements.
23.9 Refuse Division Holidays:
Holidays shall be worked as assigned except as modified herein below.
A) In addition to Thanksgiving, Christmas, and New Year's Day, which shall be non-
working holidays, employees of the Refuse Division shall not work on any contract
holiday when the County landfill is closed.
1) Provided, however, that when those holidays fall within the work week,
uncollected refuse on those days will be collected on a weekend or other alternate
day to be set by the Division Manager.
2) Employees working the alternate day will be paid at the overtime rate for
all hours over 40.
23.10 Police Department Holidays:
Due to the critical nature of the public safety services provided by the Police Department,
the following provisions apply to members of the bargaining unit assigned to all Police
Divisions, in lieu of and notwithstanding any other provision of this contract to the
contrary:
A) Holiday shifts shall be worked as assigned. Relevant staffing levels will be
determined by the Department in accordance with operational requirements.
B) Requests for release from holiday duty shall be submitted to the employee's
supervisor at least thirty (30) calendar days prior to the holiday.
C) Time off shall be granted in order of first come / first serve within a squad or
work unit. If there is a conflict, seniority prevails.
D) In lieu of overtime payment for holidays worked, employees of the Police
Department receive a bank of eighty-eight (88) hours of holiday time on January 1 of
each calendar year which they may use at their discretion, subject to the supervisor
approving the time off.
E) If a holiday occurs on a day the employee is not scheduled to work, no time is
deducted from the employee's in -lieu holiday bank.
F) If a holiday occurs on a day the employee is scheduled to work, but the employee
requests and is granted the day off, the time is deducted from the employee's in -lieu
holiday bank.
G) All in -lieu holiday hours must be taken during the calendar year of entitlement.
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H) An employee who uses up their 88 hours of holidays and leaves the Department
before December 31 shall have 8 hours removed from their earned leave account or final
pay for each holiday remaining in the calendar year.
ARTICLE 24 - WORK DAY / WORK WEEK PROVISIONS
24.1 Work Day, Work Week:
Employees shall be scheduled to work regular hours for each work day and each work
week in accordance with the provisions established below. Employees' schedules will
conform to the provisions of this CBA unless specifically modified by an Addendum to
this contract.
24.2 Permanent Full -Time and Permanent Seasonal Employees:
The following provisions apply to Permanent Full -Time and Permanent Seasonal
Employees, unless otherwise provided herein:
A) Work Day:
Employees will be scheduled to work a day of eight (8), nine (9), ten (10) or twelve (12)
consecutive hours within a 24 hour period. At the discretion of Management, the
appropriate option(s) will be selected.
B) Work Week:
1) The work week may consist of five (5) consecutive eight (8) hour days
with two (2) consecutive days off;
2) The work week may consist of four (4) consecutive ten (10) hour days
with three (3) consecutive days off;
3) The work week may consist of five (5) consecutive nine (9) hour days,
with two (2) consecutive days off, alternating with three (3) consecutive nine (9)
hour days and one (1) eight (8) hour day followed by three (3) consecutive days
off.
C) Regular Hours:
The City shall establish each work schedule which shall provide for regular starting and
quitting times for each work day, and shall provide for the work week to begin and end on
regularly established days of the week.
D) Meal Periods:
The work day will provide for at least one 30 minute unpaid meal period to be scheduled
as near mid -shift as possible. If an employee works 2 hours or more beyond a normal
work day, the City shall grant the employee at least one additional 30 minute unpaid meal
30
period prior to or during the overtime period. The City shall grant 30 unpaid minutes to
eat every 4 hours thereafter while the employee continues to work.
E) Rest Periods:
The City shall provide employees with a 15 minute rest period for each one-half (1/2)
shift provided the scheduled half shift exceeds a period of three (3) hours. The City shall
establish when the rest period shall be scheduled and rest periods will be scheduled as
near the middle of each half shift as reasonably possible.
24.3 Permanent Part -Time Employees:
The following provisions apply to Permanent Part -Time Employees unless otherwise
provided herein:
A) Schedules:
Permanent part-time employees will be assigned to schedules which may consist of a
part-time work day, a part-time work week or a combination thereof. Whenever possible,
permanent part-time employees shall be assigned to a specific work schedule not
requiring split days off in a calendar week. However, permanent part-time employees
may be assigned work to fill-in while permanent full-time employees are absent due to
vacation, illness, or other cause that may preclude the assignment of a specific work
schedule for that time period.
B) Work Day:
Permanent part-time employees may be assigned to a work day of eight (8) hours or less
and scheduled for consecutive hours of work.
C) Work Week:
Permanent part-time employees' work week may be scheduled for consecutive or non-
consecutive days. For example: an employee may be scheduled to work on Monday,
Wednesday and Friday; or, an employee may work Monday, Tuesday, Wednesday and
Thursday. Work weeks shall be scheduled to meet the needs of the division/department.
D) Regular Hours:
Permanent part-time employees will be scheduled to a work day with regular starting and
ending times.
E) Meal Periods:
Permanent part-time employees will be entitled to at least one 30 minute unpaid meal
period after four (4) hours of work.
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F) Rest Periods:
Permanent part-time employees will be provided a 15 minute paid rest period for each
continuous four (4) hour period the employee works, provided that no permanent part-
time employee shall be required to work more than 3 hours without a rest period. The
City shall establish when the rest period shall be scheduled and rest periods will be
scheduled as near the middle of each half shift as reasonably possible.
24.4 On -Call Employees:
On-call employees will not be scheduled to work a regular set shift, but rather, will be
called to work to fill-in during the absence of another employee. On-call employees will
be entitled to the meal and rest periods provided for in the scheduled shift for which they
are called out.
24.5 Minimum and Maximum Shift:
No employee will be scheduled to a regular shift of less than four (4) consecutive hours.
No employee shall be scheduled to a regular shift of greater than 12 consecutive hours.
A) Minimum Exception:
The Parks and Recreation Division may in fact have the need to schedule pieces of
regular shifts in segments less than four (4) consecutive hours due to the nature of classes,
activities, and seasons.
24.6 Work Schedule Changes:
A) Any overall, long-term change in work schedules will be discussed between the
City and the Union prior to implementation. The City shall provide written notice to the
Union and the employees outlining work schedule changes. The City may change the
regular starting and quitting times and the days worked in a week with ten (10) working
day notice prior to the effective date of the new schedule. The ten (10) work day notice
may be waived upon written mutual agreement between Management and the affected
employees and AFSCME Local 1122.
B) Although reasonable warning will be given whenever possible, the ten (10) work
day notice provision will not be required for temporary individual shift assignment
changes which may be made only to cover for the absences of another employee.
C) Other than the reasons cited hereinabove, an employee's work shift shall not be
changed to avoid payment of overtime when an employee is called to work outside that
employee's regular work shift or called to work before the regular starting time or retained
to work beyond the regular quitting time.
24.7 Emergency Situations:
A) The City shall determine when an emergency situation exists.
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B) An emergency is a sudden, unexpected event which creates a situation
endangering the public or employee's health and/or safety.
C) In the case of emergencies, management may make schedule changes as required
to protect the public or employees without discussion with the Union or notice to the
employees.
D) However, management will endeavor to preserve employee work schedules
whenever possible.
24.8 Parks and Recreation:
Employees of the Parks and Recreation Division may be scheduled for split work days
and split work weeks when necessary. All work schedules shall have established starting
and quitting times for each day, shift or shift part.
24.9 Water Treatment Plant:
A) Water Treatment Plant Chief Operators hired before January 1, 1996, at the City's
Water Treatment Plant will rotate every twenty-eight (28) days from days to nights and
nights to days, as applicable.
B) Water Treatment Plant Chief Operators hired after January 1, 1996, will work a
straight night shift schedule (limited to 2 operators). The relief operator responsibilities
will rotate every three (3) months.
C) All of the Water Treatment Plant Chief Operators, including the night operator(s),
will work the relief rotation. As the rotating shift schedule progresses into a shift
partnership with the straight night shift operator, the operators hired before January 1,
1996 will work day shift. The work week begins 6:00 a.m. each Sunday.
D) Employees hired before January 1, 2005, will continue to be given the choice of
being either salaried or hourly.
1) Salaried employees will earn nine (9) hours of compensatory time (six hours
at time and one-half) during their 46 -hour workweek, which shall be taken as
nine (9) hours of compensatory time during their thirty-one (31) hour
workweek.
2) Hourly employees will be paid overtime for six (6) overtime hours worked in
the 46 -hour workweek. The next week they will be paid for thirty-one (31)
scheduled hours worked.
E) Employees hired after December 31, 2004, will be hourly and will be paid
overtime for six (6) hours overtime hours worked in the 46 -hour workweek. The next
week they will be paid for thirty-one (31) scheduled hours worked.
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24.10 Police Department Work Day, Meal and Rest Periods:
The following provisions apply to members of the bargaining unit assigned to the Police
Department in lieu of and notwithstanding any other provision of this contract to the
contrary:
A) The work day for Police Department employees shall be either eight (8), ten (10),
or twelve (12) hours within a twenty-four (24) hour period, at the discretion of
management.
B) Due to the critical public -safety nature of the services performed by Police
Department employees, it is occasionally not possible to relieve employees from their
work stations for meal and rest periods.
C) The length of the meal period for corrections officers in the Police Department
shall be 40 minutes. Given the unique nature of duties performed by corrections officers,
their meal period shall be paid.
D) Effective June 1, 2005, the length of the meal period for service employees in the
Police Department shall be 30 minutes. The meal period for service employees in the
Police Department shall be paid.
ARTICLE 25 - OVERTIME AND
COMPENSATORY TIME
25.1 Overtime Pay:
Employees who are required to work more than forty (40) hours in any work week shall
be paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess
of forty (40) hours per week. Credited time shall be in fifteen (15) minute increments.
25.2 Compensatory Time:
Compensatory time off at the time and one-half (1-1/2) rate in lieu of overtime pay may
be requested by the affected employee. In that event, compensatory time may be taken at
such time as is agreed upon by the employer and the employee, but may not be imposed
by the employer upon any employee who has not so requested such compensatory time
off.
25.3 Compensatory Time Accrual:
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.
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25.4 Mandatory Training Time/Overtime:
Time spent by an employee beyond the normal working day for training classes required
by the Division Manager shall be paid at the overtime rate of time and one-half (1-1/2)
times the employee's regular rate of pay, or compensatory time earned at one and one-half
(1-1/2) times the employee's regular rate of pay.
25.5 Travel Time:
Travel time for City business during regular working hours shall be considered
compensable if approved in advance. Travel time outside of regular business hours on
City business shall be compensable time if the intended travel is required by the Division
Manager. If traveling by car outside of regular business hours for training not required but
approved by the Division Manager, only the driver shall be compensated for travel time.
25.6 City Provided Meals:
In the event an employee is unable to provide or obtain the meal(s) due to location or time
of day or emergency, the division head shall insure the employee obtains a meal provided
by the City.
ARTICLE 26 - BILINGUAL SPECIAL PAY
Employees who have Spanish bilingual capacity shall receive Sixty Dollars ($60.00) per month
for their work in that capacity subject to prior written approval from their respective Department
Head and subject to achieving a passing score on the bilingual skills examination conducted
under the Charter Civil Service Rules and Regulations and administered by the Civil Service
Chief Examiner. The Chief Examiner may waive this testing requirement if the employee can
demonstrate to the satisfaction of the Chief Examiner, through documentation (i.e. court
interpreter certification from the State of Washington) that the employee has sufficient bilingual
skills in the Spanish language.
ARTICLE 27 - CALL OUT PAY
Employees who are called back to work after completing their regular shift or who are called to
work on a day off shall be paid a minimum of two (2) hours pay at the time and one-half rate for
all time worked up to two (2) hours. Any time worked in excess of two (2) hours shall be paid at
the time and one half rate. This Article shall apply to all bargaining unit members, including
employees in the Police Department subpoenaed to testify in their official capacity.
For example:
30 minutes call out = 2 hours at 1'/2
4 hours call out = minimum of 2 hours at 11/2 plus 2 additional hours at 11/2
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ARTICLE 28 - STANDBY PAY
28.1 Standby Availability:
The determination of the need for and assignment of standby time is a responsibility of
Management. Employees will have the opportunity to volunteer or exchange for standby
prior to being made a required assignment. The employee must notify his/her supervisor
in writing by the end of the previous shift of an exchange with another employee for
assigned standby.
28.2 Standby Pay:
Effective January 1, 2003, compensation for assigned standby time will be One Dollar
and Fifty Cents ($1.50) per hour. Effective January 1, 2005, compensation for assigned
standby time will increase to One Dollar and Seventy -Five Cents ($1.75) per hour.
Effective January 1, 2006, compensation for assigned standby time will increase to Two
Dollars ($2.00) per hour.
28.3 Maintenance of Physical and Mental Capacity
Employees, when on assigned standby time, are required to maintain the same required
physical and mental capacity that is required during regular scheduled work hours and are
to be reachable if called.
ARTICLE 29 - SHIFT DIFFERENTIAL
29.1 Differential Pay for Alternate Shifts:
For employees who work a regularly scheduled shift where all or part of the shift hours
fall between 6:00 p.m. and 6:00 a.m., an additional four percent (4%) per hour over base
pay will be paid for all hours worked within the stipulated period to the nearest one-half
(1/2) hour. Persons working overtime past their normal shift will be entitled to full or
pro -rated payment under this article.
ARTICLE 30 — FIELD TRAINING OFFICER PAY
30.1 Effective January 1, 2005, corrections officers assigned to train newly hired corrections
officers and actually engaged in the same shall receive Field Training Officer (FTO) Pay
equal to Five Percent (5%) of their normal rate of pay per hour for time spent engaged in
the same. Officers assigned such duty for periods of less than forty (40) hours during the
pay period shall not be eligible for FTO pay. The City retains the exclusive right to select
Field Training Officers and determine the duration of assignment.
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ARTICLE 31— SPECIAL ASSIGNMENT PAY
31.1 Pursuant to Yakima Municipal Code 2.20.088, when a salaried permanent employee
represented by AFSCME Local 1122 works for one hour or longer in a higher
classification and in a different classification series from which the employee is regularly
employed and performs substantially all of the duties of such higher classification and is
not actually receiving supervised training for such position, the employee shall be paid at
the pay step in the higher classification which is next higher in amount above the
employee's pay in the lower classification for all such hours consecutively worked in the
higher classification.
31.2 Pursuant to Yakima Municipal Code 2.20.088, when a salaried permanent employee
represented by AFSCME Local 1122 works four consecutive hours or longer in a higher
classification in the same classification series in which the employee is regularly
employed and performs substantially all of the duties of such higher classification and is
not actually receiving supervised training for such position, the employee shall be paid at
the pay step in the higher classification which is next higher in amount above the
employee's pay in the lower classification for all such hours consecutively worked in the
higher classification.
ARTICLE 32 - LICENSING AND LICENSING RENEWALS
32.1 Licensing and Licensing Renewals:
Except for a basic Washington State driver's license, the City of Yakima will pay initial
and all required renewal fees for any license/certificate required by the City after
becoming a permanent employee to hold any given position as a condition of
employment. If licenses are initial conditions of employment, the prospective employee
will be required to pay for such licenses before becoming a permanent employee.
32.2 Changes of Status:
Employees shall immediately report to their supervisor any change in status, expiration,
or loss of any required license or certificate, including but not limited to Medical
Examiner's Certificates.
32.3 Employee -Caused Licensing Reinstatements:
Failure to maintain required license/certificates may lead to a change in employment
status. Employee -caused license/certificate reinstatement costs shall be born by that
employee.
37
ARTICLE 33 - PERMANENT PART-TIME EMPLOYEES,
ON-CALL EMPLOYEES, AND
PERMANENT SEASONAL EMPLOYEES
33.1 Permanent Part -Time Employee On Call/Call Out:
A) Permanent part-time employees may work on an "on-call" basis and may be asked
to report daily to their duty station to determine if their services are needed for that work
day.
1) Such employee will receive compensation only if their services are needed.
33.2 Required Residential Phones:
Permanent part-time employees may, as a condition of their employment, be required to
have a telephone in their personal residence so that they may be notified if they are
needed to work on a particular day.
33.3 Earned Leave in Lieu of Work:
If called to report for work in their assigned job classification, permanent part-time, on-
call, or seasonal employees shall report to work or utilize vacation, sick leave, or other
earned time off in accordance with the provisions of this CBA.
33.4 Overtime/Permanent Part -Time:
Permanent part-time employees will be eligible to receive overtime payments in
accordance with Article 24 only if they work more than forty (40) hours in any work
week. No overtime compensation will be paid if such employee exceeds the regularly
scheduled workday unless such work causes the employee to work more than forty (40)
hours in the work week.
33.5 Call Out Pay for Permanent Part -Time, On Call, and
Seasonal Employees:
The provisions of Article 27 -Call Out Pay, shall not apply to permanent part-time, or on-
call employees.
33.6 Actual Percentage of Time Worked:
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.
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ARTICLE 34 - TEMPORARY EMPLOYEES
34.1 Temporary Employees:
In the event the City deems it necessary to employ temporary employees, the following
shall apply:
A) The City shall regulate and administer the procedures and standards for hiring
temporary employees.
B) Temporary employees shall not be allowed to work more than 866 hours in a calendar
year.
C) The City shall provide a temporary employees report, on a quarterly basis, for
AFSCME Local 1122 reflecting Hire Dates and Termination Dates by Division and/or
Department.
34.2 The City and the Union agree to establish a Labor Management Task Force to study
temporary hiring practices in the City and negotiate in good faith possible changes.
ARTICLE 35 - ENTIRE COLLECTIVELY
BARGAINED AGREEMENT: [CBA]
35.1 Entire CBA:
This CBA constitutes the complete and entire Agreement between the parties and neither
the City nor the Union shall be bound by any requirement not specifically stated in this
CBA or applicable Charter Civil Service Rules. The parties are not bound by the past
practices or understandings of the City or the Union unless such past practices or
understandings are incorporated in this CBA.
35.2 Process:
A) The City and the Union acknowledge that each party has had ample opportunity to
submit proposals with respect to any subject or matter not removed from the collective
bargaining process by law and regarding wages, hours, and working conditions. They
further agree that all said proposals have been negotiated during the negotiations leading
to this CBA.
B) The parties further agree that negotiations will not be reopened on any item during the
life of this CBA except by the mutual consent or as provided in Article 10 -
Labor/Management Committee.
39
ARTICLE 36 - SAVINGS CLAUSE
36.1 Applicable Laws:
It is understood and agreed that all provisions of this CBA are subject to applicable laws,
and if any provision of any Article of this CBA is held or found to be in conflict
therewith, said Article shall be void and shall not bind either of the parties hereto,
however, such invalidity shall not affect the remaining Articles of this CBA.
36.2 ADA/FMLA Compliance:
Notwithstanding any other provisions of this CBA the parties may take all actions
reasonable to comply with the Americans with Disability Act and the Family Medical
Leave Act.
36.3 Mandated Changes:
If the Washington State Health Services Act of 1993 or Federal Health Care legislation
mandates changes to the Health Care Article of this CBA, then the parties agree to
negotiate about those mandated changes.
ARTICLE 37 - TERMINATION
This CBA shall be deemed effective from and after the 1st day of January 2005 and shall
terminate on December 31, 2007 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.
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EXECUTION
FOR THE UNION:
Tom l arringto ,
Staff Repres ntative
Council 2, WSCCCE
vette Lewis, President
Local 1 122 Bargaining Team
Fran Garcia,
Local 1 122 Bargaining Team
lames Dean,
Local 1122 Bargaining Team
,e‘c_fx,
Michael Haider
Local 1122 Bargaining Team
Annie Agbisit,
Local 1122 Bargainin
r
Team
an ne Beghtol,
al 1 122 Bargaining Team
Dave Williams,
Local 1122 Bargaining Team
42
FOR THE CITY OF YAKIMA
Dick Zais,
City Manager
Archie Sutton, Manager
Human Resources Division
Chris Waarvick,
artment of P
Sheryl S +. , deputy Manager
Human ' esources Division
Denise Nichols, Manager
Parks and Recreation Division
Doug Mapl, Code Administration and
Planning Manager
Rod Light, Captafn
Yakima Police Department
CITY CONTRAC T NO: oeDD,S-3 ct
RESOLUTION NO: ______ __
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /8' A i .S
For Meeting Of 4/5/05
ITEM TITLE: Consideration of a Resolution Authorizing the Execution of the 2005-2007 Collective
Bargaining Agreement Between the City of Yakima and the American Federation of
State, County & Municipal Employees (AFSCME) Local 1122 Municipal Employees
and Legislation Amending the Classification and Compensation Plan for Certain City
Employees specifically subsections A, C and of Section 2.20.110 of the City of
Yakima Municipal Code
SUBMITTED BY: Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Archie M. Sutton,
Human Resources Manager, Sheryl Smith, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE: Glenn Rice, x6051
Archie M. Sutton, x6090
Sheryl Smith, x6868
SUMMARY EXPLANATION:
The attached resolution authorizes a three (3) year collective bargaining agreement with AFSCME Local
1122 Municipal Employees for calendar years 2005-2007. This contract represents the result of months of
negotiations between the parties.
According to the City's calculations, the 2005 settlement cost for AFSCME Municipal is estimated to be
2.07% or $319,946 and has been included in the 2005 Budget.
The settlement package is outlined on the following page:
Continued
Resolution X Ordinance X Contract X Other (Specify)
Funding Source Operating Funds of affected Departments
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Adopt Resolution Authorizing the Execution of the Collective
Bargaining Agreement and Adopt Ordinance Reflecting Salary Adjustment and New Classification
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(A) Resolution adopted. RESOLUTION NO. R-2005-59
(B) Ordinance passed. ORDINANCE NO. 2005-17
2005-2007 AFSCME Municipal Settlement
• Wages:
(a) Effective January 1, 2005, the compensation schedule in effect December 31, 2004, is
increased by two percent (2.0%).
(b)
Effective January 1, 2006, the compensation schedule is increased by two and one-
quarter percent (2.25%).
(c) Effective January 1, 2007, the parties agree to a wage re -opener only.
•Health Insurance: The parties have agreed to maintain the current premium cost
sharing formula for 2005, 2006 and 2007.
•Life Insurance:
(a) Effective January 1, 2005, the $25,000 life insurance policy will be increased to $35,000.
(b) Effective January 1, 2006, the $35,000 life insurance policy will be increased to $50,000.
•Standby Pay:
(a) Effective January 1, 2005, the $1.50/hr. standby pay will be increased to $1.75/hr.
(b) Effective January 1, 2006, the $1.75/hr. standby pay will be increased to $2.00/hr.
•Field Training Officer Pay
(a) Effective January 1, 2005, corrections officers assigned to train newly hired
corrections officers and actually engaged in the same shall received Field Training Officer
(FTO) Pay equal to 5.0% of their normal rate of pay per hours for time spent engaged in the
same. Officers assigned such duty for period of less than 40 hours during the pay period
shall not be eligible for FTO pay.
The attached classification and compensation ordinance reflects the 2.0% wage increase effective
January 1, 2005 and a 2.25% increase effective January 1, 2006 as shown above. This salary
adjustment has been included in the 2005 Budget.
The ordinance also includes, as a housekeeping measure, the correction of the Fire LEOFF monthly wages
for 2005. The hourly rates were correct originally, however, the monthly wage was calculated an incorrect
number of scheduled hours of work.