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HomeMy WebLinkAboutR-1996-130 1994-1996 Collective Bargaining Amendment MOU / AFSCME (1122)1 • RESOLUIION NO R-96- 130 A RESOLU'lION authorizing and directing the City Manager and the City Clerk of the City of Yakima to sign a Memorandum of Understanding amending the 1994-1996 Collective Bargauung Agreement with the Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO, Council 2, Local 1122 as to the exclusion of the Water/Imgation Engineer from the bargaining unit. WHEREAS, pursuant to state law requirement, labor negotiations have occurred between the City and the Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL -C10, Council 2, Local 1122, and these negotiations have resulted in an agreement excluding the Water/ Irrigation Engineer from the bargaining unit, which by the terms of the current collective bargaining agreement with that union must be memorialized in an Memorandum of Understanding amending the 1994-1996 Collective Bargaining Agreement, and WHEREAS, the City Council deems it in the best interest of the City that the Memorandum of Understanding be completed at this time, now, therefore, BE 11 RESOLVED BY THE CITY COUNCIL OF fHE CITY OF YAKIMA THE City Manager and the City Clerk are hereby authorized and directed to execute a Memorandum of Understanding, to be attached to the 1994-1996 Collective Bargaining Agreement by and between the City of Yakima, Washington and Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO, Council 2, Local 1122, a copy of which Memorandum of Understanding is attached and by this reference made a part hereof u� ADOPTED B\ THE CITY COUNCIL thisl 7 'day of !�'�,,� 996 ATl ESI r 6QitR-✓�- �V •18_49-6-eA121 colc- City Clerk Lynn Buchanan, Mayor ORIGINAL MEMORANDUM OF AGREEMENT FOR EXCLUSION OF WATER AND IRRIGATION ENGINEER FROM BARGAINING UNIT This MEMORANDUM OF AGREEMENT is entered into by and between the City of Yakima and WSCCCE, AFSCME AFL-CIO, Council 2, Local 1122. The parties have been in the process of negotiating for a new collective bargaining agreement and the City has requested, as part of its bargaining position statement, that the Water and Irrigation Engineer position be excluded from the bargaining unit on the basis of supervisory responsibilities. After considerable discussion by and between the City and the Union, the parties have reached agreement that this position is supervisory and is a valid exclusion from the municipal bargaining unit. The parties agree to the following terms and conditions: (1) That the Water and Irrigation Engineer position is supervisory and shall immediately be excluded from the municipal bargaining unit; and, The parties agree that the Recognition clause shall be modified to reflect the exclusion of the Water and Irrigation Engineer position from the bargaining unit; and, The parties mutually agree that the exclusion of this position shall take effect immediately upon signature by all parties. The parties express their agreement to the above terms and conditions through the authorized signatures below: WSCCCE, AFSCME AFL-CIO, Council 2, Local 1122 Ron Gray, Staff Representative Date: 9/0/Y6 teff Sampson,''resident Date: / R. t f Attest: 'sem ry /61,- A -IO_ Karen S. Roberts, City Clerk MEMORANDUM OF AGREEMENT Page 1 CITY OF YAKIMA aa� Richard Zais, Date: `f t Manager len Rice, Ass'st nt City Manager Dat 9�J�l,� 01/ IffittUlr A chie Sutton, Personnel Officer Date: 1/3/96' iii \VAS H I NGTO N STAT E COL'\CIL OFCOUNTY AND CITY EMPLOYEES .AFSCNME .AFL-CIO CHRIS DUGOVICH President/Executive Director "15 N 2nd Street S.rte Yakima WA Amercan Fc. •at,c' •a r- ,. August 13, 1996 Glenn Rice, Asst. City Manager City of Yakima 129 N. 2nd Street Yakima, WA 98901 RE: Local 1122 - Yakima Municipal Employees Water & Irrigation Engineer Position Dear Glenn, The Union has received your letter of July 22, 1996, concerning the first-line supervisory duties of the Water and Irrigation Engineer position. The Union has given due consideration to the proposed removal of this position from the bargaining unit. Our consideration was also based on PERC's Supervisory Clarification criteria. Consensus has been reached that the position functions of the Water and Irrigation Engineer are indeed supervisory. Consensus also expressed that the position of Water and Irrigation Engineer is a valid exclusion from the municipal bargaining unit. The Union anticipates your Memorandum of understanding in this matter. RG:nfm cc: engnr02 1122 Executive Board Archie Sutton. -- Tony Menke Sincerely, Lam► ��, 'Ron Gray, Staff Representative Evt,m1I Ottic-p i3QS fakc,c 4,rn!n+ • i'1 R„k ;n . (- or ,t! n-• -, ADDENDUM TO 1994-1996 COLLECTIVE BARGAINING AGREEMENT FOR AFSCME EMPLOYEES THIS ADDENDUM to the existing collective bargaining agreement is entered into by and between the City of Yakima, Washington hereinafter called the Employer, and the 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. The current 1994-1996 AFSCME contract provides in Article XXX - Entire Agreement that the Agreement may be reopened on any item during the life of the Agreement by mutual consent of the parties. The current 1994-1996 AFSCME contract provides for in Article I - Recognition of Union -Bargaining Unit the exclusion of "commissioned employees of the Police Department and all employees of the Fire Department and except those persons appointed to exempt or unclassified positions, City Manager and members of his staff (including Administrative Secretary), Deputy City Clerk, all employees of the Human Resources and Legal Departments and Supervisors and confidential employees as agreed by the parties in PERC Case Number 08382-C-90-00474 and Supervising Sanitary Engineer, Supervising Traffic Engineer and Administrative Assistant to the Director of Public Works as excluded by PERC in Case Number 09915-C-92- 00571." The parties have mutually agreed to reopen Article I -Recognition of Union - Bargaining Unit and have met and negotiated a settlement regarding the exclusion of the Senior Engineer and Environmental Analyst classifications from the bargaining unit. The parties have mutually agreed to exclude the Senior Engineer and Environmental Analyst classifications from the bargaining unit. The parties have mutually agreed to amend Article I follows: "commissioned employees of the Police Department and all employees of the Fire Department and except those persons appointed to exempt or unclassified positions, City Manager and members of his staff (including Administrative Secretary), Deputy City Clerk, all employees of the Human Resources and Legal Departments and Supervisors and confidential employees as agreed by the parties in PERC Case Number 08382-C-90-00474 and Supervising Sanitary Engineer, Supervising Traffic Engineer and Administrative Assistant to the Director of Public Works as excluded by PERC in Case Number 09915-C-92-00571 and any other classifications covered under Section 2.20.100D of the Yakima Municipal Code ." THIS ADDENDUM is executed by the parties this day of 4,...„4,4„...9 1995. CITY OF YAKIMA By: R.A. Zais, Jr? City Manager ATTEST: City Clerk -�S-stop UNION Ron Gray, Taff Representative Council 2, WSCCCE 1/1 ed Sweesy, President/ ocal 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO RESOLUTION NO. R-95- 166 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to sign an Addendum to the 1994-1996 Collective Bargaining Agreement with the Washington State Council of County and City Employees Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO as to the exclusion of the Senior Engineer and Environmental Analyst from the bargaining unit. WHEREAS, pursuant to state law requirement, labor negotiations have occurred between the City and the Washington State Council of County and City Employees Local 1122 (AFSCME), and these negotiations have resulted in an agreement excluding the Senior Engineer and Environmental Analyst from the bargaining unit, which by the terms of the current collective bargaining agreement with that union must be memorialized in an Addendum to the 1994-1996 Collective Bargaining Agreement; and WHEREAS, the City Council deems it in the best interest of the City that the Addendum be completed at this time, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: THE City Manager and the City Clerk are hereby authorized and directed to execute an Addendum, to be attached to the 1994-1996 Collective Bargaining Agreement by and between the City of Yakima, Washington and Washington State Council of County and City Employees Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, a copy of which Addendum is attached and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this./ ay of Ye Perm -40.995. Mayor ATTEST: ketit / c c-v►c City Clerk COLLECTIVE BARGAINING AGREEMENT Between CITY OF YAKIMA, WASHINGTON And COUNCIL 2, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES REPRESENTING LOCAL 1122, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO EFFECTIVE JANUARY 1,1994 THROUGH DECEMBER 31, 1996 AFSCME Contract 1991 1996 INDEX PAGE Article I Recognition/Bargaining Unit 3 Article II Union Membership 4 Article III Collective Bargaining 4 Article IV Code Provisions 5 Article V Impasse 6 Article VI Grievance Procedure 7 Article VII Public Disclosure 11 Article VIII Business Leaves 11 Article IX Employee Rights 11 Article X Management Rights 13 Article XI Labor Management Committee 14 Article XII Social Security 14 Article XIII Equal Opportunity Clause 15 Article XIV Contracting Work 15 Article XV Strikes and Lockouts Prohibited 15 Article XVI Union Constitution and By Laws 15 Article XVII Maternity Leave Agreement 16 Article XVIII Salaries and Fringe Benefits 16 Article XIX Sick Leave 20 Article XX Layoff 24 Article XXI Vacation 24 Article XXII Holidays 25 Article XXIII Work Week Provisions 27 Article XXIV Overtime 30 Article XXV Call Out Pay 31 Article XXVI Standby Pay 31 Article XXVII Shift Differential 32 Article XXVIII Health Hazards/Inoculations 32 Article XXIX Permanent Part -Time Employees Permanent On -Call Employees Permanent Seasonal Employees 32 Article XXX Entire Agreement 33 Article XXXI Savings Clause 33 Article XXXII Termination 34 AFSCME Contract 1994 1996 COLLECTIVE BARGAINING AGREEMENT THIS AGREEMENT, made and entered into the 1st day of January, 1994, by and between the City of Yakima, Washington, hereinafter called the City, and the Council 2 Washington State Council of County and City Employees Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union. WITNESSETH: WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the execution of collective bargaining Agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers, and WHEREAS, the parties to this Agreement recognize that benefits accrue to general government employees of the City by virtue of union membership, and that the best interests of the citizens of the City of Yakima are served by the City's official recognition of the City's general government employees' Union. NOW, THEREFORE, pursuant to Chapter 41.56 of the Revised Code of Washington, and in accordance with the intent and purpose thereof, and for the purpose of promoting the morale, well being and security of the general government employees of the City, and for the purpose of promoting the general efficiency of the government of the City of Yakima, the parties hereto agree as follows: ARTICLE I - RECOGNITION OF UNION - BARGAINING UNIT The City recognizes the Union as the exclusive bargaining representative of the bargaining unit consisting of all permanent City employees except commissioned employees of the Police Department and all employees of the Fire Department and except those persons appointed to exempt or unclassified positions, City Manager and members of his staff (including Administrative Secretary), Deputy City Clerk, all employees of the Human Resources and Legal Departments, and supervisors and confidential employees as agreed by the parties in PERC Case Number 08382-C-90-00474 and Supervising Sanitary Engineer, Supervising Traffic Engineer and Administrative Assistant to the Director of Public Works as excluded by PERC in Case Number 09915-C-92-00571. AFSCME Contract 1994-1996 -3- In accordance with RCW 41.56.050 through RCW 41.56.080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) nor less than sixty (60) days prior to the expiration date of this Agreement. ARTICLE II - UNION MEMBERSHIP Section A -- Union Membership. All employees in the bargaining unit shall, within 30 days after hiring, as a condition of employment, become members of the Union, provided that exceptions to membership shall be subject to the provisions of RCW 41.56.122(1). Section B -- Payroll Deductions. The City agrees to deduct Union fees, dues and other assessments by the Union against its members within the bargaining unit from the pay of employees who authorize the City to do so, which authorization shall be in writing and signed by each person authorizing such deductions, and filed with the City. The Secretary of the Union shall notify the Finance Director of the City of Yakima of amounts to be deducted from the pay of each such person. The City shall transmit to the Washington State Council of County and City Employees, P.O. Box 6519, Lynnwood, Washington, 98036, the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month following the month for which deductions are made. The Union agrees to defend, indemnify and hold harmless the City for any loss or damage arising from the operation of this article knowingly caused by the Union. It is also agreed that neither any employee nor the Union shall have any claim against the City for any deductions made or not made unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made. ARTICLE III - COLLECTIVE BARGAINING Section A -- Collective bargaining between the parties shall be carried out by the City Manager, or his representatives, on behalf of the City Council, and a person or persons representing the Union. Said collective bargaining committees shall not exceed four (4) members each without mutual consent of the parties. The Union staff representative and the City Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes. AFSCME Contract 1994 1996 -4- Section B -- Wages, Hours and Working Conditions. Where negotiable matters pertaining to wages, hours and working conditions are fixed by various City ordinances, the City Manager shall give notice to the Secretary of the Union with a copy to the staff representative of any proposed enactment or repeal of, or any amendments to, any such ordinance applicable to members of the bargaining unit. Such notice shall be given no less than ten (10) days prior to the first meeting of the City Council where such ordinance is considered, and shall be in writing and contain a copy of the ordinance proposed to be enacted or of the proposed amendment, or shall refer by code number to any ordinance proposed to be repealed. No ordinance affecting wages, hours or working conditions of members of the bargaining unit shall be enacted by the City Council unless mutually agreed upon between the City Manager (or designee) and the collective bargaining committee of the Union. Section C -- Negotiations Timetable. Prior to the second Monday in September prior to the termination of this Agreement, the Union and the City shall exchange written proposals for any changes in negotiable matters pertaining to wages, hours and working conditions sought for the subsequent year, specifying all sought changes. During the City Manager's preparation of the annual budget, the City Manager shall consider the Union's proposals and negotiate with the Union's collective bargaining representatives. Any Agreement reached in negotiations shall be reduced to writing in a memorandum of Agreement which shall be signed by the City Manager and the Union's representative no later than the first Monday of November of each year. In the event of disagreement between the collective bargaining committees concerning any Union recommendation and before impasse procedures are invoked, the City's representative and the representative of the Union shall each set out in writing, and furnish a copy thereof to the other party, a brief signed statement containing the subject of disagreement as understood by the party writing the statement, the position on that subject of the other party as understood by the party writing the statement, which written statements shall take the place of a memorandum of Agreement on that subject, each of which written statements shall be furnished to the other party no later than the date last mentioned above. Nothing herein shall be construed so as to require approval by the Union of any budget, nor any portion thereof, before its submission to and adoption by the City Council. ARTICLE IV - CODE PROVISIONS The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this Agreement. All sections listed shall be in accord with the terms of this Agreement and in the event of a conflict the terms of the Agreement shall prevail. AFSCME Contract 1994-1996 - 5 - Section 2.04.030 -- Section 2.20.010 - Section 2.20.020 - Section 2.20.040 -- Section 2.20.050 - Section 2.20.060 - Reinstatement of Section 2.20.070 - Section 2.20.085 - Section 2.20.088 - Subparagraphs B Section 2.20.100 - Section 2.20.110 - Section 2.20.120 - Section 2.24.010 - Subparagraphs A Section 2.40.020 - Subparagraphs B, Section 2.40.030 - Section 2.40.060 - Section 2.40.070 Section 2.40.080 - H, J, K. Section 2.40.090 Section 2.40.100 - 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 Employees. - Reduction of Salary. - Reimbursement for Expenditures Subparagraph E. - Uniform Allowance - Special Assignment Pay, and C. - Classification Plan, Subparagraph (b). - Compensation Plan, Subparagraph (e). - Shift Differential. - Longevity Plan -- Eligibility -- Restrictions, ,C, D. - Vacation Leave, Subparagraphs A, Subunit 1, and C, D, E. - Sick Leave. - Leave Without Pay. -- Unauthorized Absences. - Holidays with Pay, Subparagraphs A, B, C, D, E, F, G, -- Work Week. - Overtime Pay, Subparagraphs A-4, B, C, D, E. ARTICLE V - IMPASSE Section A -- Consideration by City Council. In the event the Union and the City's representatives are unable to resolve any negotiable matter relating to wages, hours or working conditions, such unresolved matter may be submitted by the parties hereto to the Yakima City Council for preliminary discussion and consideration by that body in an effort to satisfactorily settle such unresolved matter prior to any final City Council action by ordinance, resolution or otherwise. Such consideration by the Council shall be made after reasonable notice to the parties who shall have the right to be in attendance and to be heard. Section B -- Mediation and Fact Finding. In the event the Union and the City Manager are unable to resolve any negotiable matter relating to wages, hours and working conditions, either party may request mediation and/or fact finding. Before mediation or fact finding is requested, the unresolved matter must be reduced to writing and reasonable notice given to the other party of intentions to seek AFSCME Contract 1994-1996 -6- mediation or fact finding. [Mediation shall be conducted by an appointee of the Washington State Public Employment Relations Commission (PERC).] Fact finding shall be conducted by a committee of citizens of the City who are not employees of the City, one of whom shall be selected by the City Manager, one of whom shall be selected by the Union, and the third chosen by the two so selected. The conclusions of the fact finding committee shall be made public. Section C -- Timeliness of Impasse Procedures. The impasse procedures contemplated by Sections A and B of this article are not mutually exclusive, and any one or all such procedures may be invoked in the event the Union's collective bargaining committee and the City's representatives are unable to resolve any negotiable matter relating to wages, hours or working conditions. In the event either party invokes impasse proceedings, the request therefore shall be made in a timely manner if reasonably possible so that such proceedings may be concluded before any final City Council action by ordinance, resolution or otherwise. ARTICLE VI - GRIEVANCE PROCEDURE Section A -- Policy. The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review. Accordingly, the following procedure is hereby established in order that grievances of employees covered by this Agreement may be resolved as fairly and expeditiously as possible. Section B -- Exclusions. Matters covered by the general rules and regulations of the Civil Service Commission of the City of Yakima shall not be covered by this procedure. Section C -- Grievance Defined. A grievance is an alleged wrong or dispute, considered by an employee or group of employees as grounds for complaint, pertaining to employment conditions covered by this Agreement or its application, meaning or interpretation. Section D -- Special Provisions. 1. The term "employee" as used in this article shall mean a permanent or probationary employee who is a member of the bargaining unit or group of such employees, accompanied by a representative if so desired. AFSCME Contract 1994 1996 -7- 2. The aggrieved party and his or her chosen representative shall be granted time off without loss of pay for the purpose of processing a grievance. City employees attending hearings as a witness for the aggrieved party shall be granted time off without loss of pay for the purpose of providing testimony, including Civil Service Commission meetings. The aggrieved party's representative may, after making advance notification to the relevant division manager, visit the work location of employees covered by this Agreement for the purpose of investigating a grievance. Said investigation shall be conducted so as not to disturb the work of uninvolved employees. 3. Grievances on behalf of an individual employee may not be initiated or pursued without his or her consent. However, contract grievances may be initiated or pursued by the Union. 4. A grievance may be entertained in or advanced to any step in the grievance procedure if requested by one party in writing and agreed to by the other party in writing. 5. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure to meet the time limit or extended time limit for responses by the City shall render the decision in favor of the grievant. 6. Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. must: Section E -- Procedure. To be reviewable under this procedure a grievance - Be filed upon a grievance form which has been mutually agreed upon by the City and the Union, specifically Form F-29. - Identify matters or incidents that are alleged to have occurred. - Identify an act or omission by management regarding aspects of this Agreement. - Arise out of a specific situation, act or acts complained of as being unfair which has resulted, or identifies an inequity or damage to an employee. - Specify the relief sought. AFSCME Contract 1994 1996 -8- 1. Discussion with Supervisor. Whenever there is an apparent misunderstanding or dispute between an employee and the City, an effort must first be made to resolve the matter informally with the supervisor and/or division manager. The affected employee shall pose the question of the misunderstanding and/or dispute in writing to the supervisor(s) and the supervisor(s) shall answer the question of the misunderstanding and/or dispute in writing (then and there) at the initial meeting. If the misunderstanding and/or dispute remains unresolved after the initial informal meeting, the employee shall reduce the dispute, in writing to the department head, within ten (10) working days, as a formal grievance. 2. Grievance Appealed to Department Head. An employee who is dissatisfied with the decision of the supervisor and/or division manager may submit the grievance in writing within seven (7) working days after notification to the employee of the decision of the supervisor and/or division manager to the department head. The department head shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within seven (7) working days after receipt of the employee's grievance. 3. Grievance Appealed to City Manager. If the employee is dissatisfied with the decision of his department head, the employee may obtain a review by the City Manager by submitting a written request to him for a review, which request shall be submitted within seven (7) working days after the notification to the employee of the decision of the department head. Said appeal shall delineate the areas of Agreement and disagreement with the response given by the department head. The City Manager shall make such investigation and conduct such hearings as he deems necessary, and shall, within fifteen (15) working days after the receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision. 4. A duplicate copy of all statements of grievance, requests for review and written decisions shall be filed by the person making them in the office of the Personnel Officer. 5. Any grievance which the City's management may have against the Union shall be reduced to writing and submitted, no later than ten (10) working days after having been made reasonably aware of the issue, to the President of the Union local with a copy to the staff representative. The Union President shall make an investigation of the relevant facts and shall, within fifteen (15) working days, provide a written decision, and the reasons therefore. If the matter is not satisfactorily settled, an appeal may be instituted as set forth in Section F below. 6. For purposes of this article, work days shall refer to Monday through Friday, excluding holidays. AFSCME Contract 19944996 -9- Section F -- Final Resolution of Grievance Disputes. Either party to this Agreement may refer unsettled grievances which concern provisions of this Agreement to arbitration. 1. A request for arbitration shall be in writing and shall be submitted to the other party not more than ten (10) working days after the reply of the City Manager, or the Union President as applies, or his/her designee, unless the time shall be extended by written mutual agreement. Such request shall identify the previously filed grievance which is the basis for the request for arbitration and shall set forth the issue which the party making the request seeks to resolve. 2. The arbitrator may be selected by mutual agreement between the City Manager and the Union. In the event the parties cannot agree on the selection of the arbitrator within ten (10) working days after the request is filed, then either the City Manager or the Union may request PERC to assign an arbitrator from its staff. Provided that if the parties mutually agree, the parties may request a list of nine (9) arbitrators, from either Public Employment Relations Commission (PERC), American Arbitration Association (AAA), or Federal Mediation and Conciliation Services (FMCS). Within five (5) working days from the receipt of the list the parties shall meet and alternately strike names from the list until one (1) name remains, who shall serve as arbitrator. The party to strike the first name shall be determined by a coin flip. 3. The arbitrator shall be limited to determining whether the City or the Union has violated or failed to apply properly the terms and conditions of this Agreement. The arbitrator shall have no power to destroy, change, delete from or add to the terms of this Agreement. 4. The arbitration hearing shall be convened within thirty (30) calendar days after the selection process is completed. PERC rules and procedures shall govern the hearing. 5. The parties agree that the decision of the arbitrator shall be final and binding and implemented within thirty (30) calendar days following the rendering of the decision. 6. Cost of the arbitration shall be shared equally by the parties, including the arbitrator's fee and expenses; room rental, if any, and cost of the record. AFSCME Contract 1994-1996 7. Each party shall bear the cost of the preparation of its own case. -10- ARTICLE VII - PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media, nor otherwise make public disclosure, during pre -impasse negotiations of a collective bargaining agreement. ARTICLE VIII - BUSINESS LEAVES Section A -- Members representing the Union, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay for actual time spent for all meetings between the City and the Union for the purpose of negotiating wages, hours and working conditions and the terms of a contract, or for processing grievances when such meetings take place at a time during which any such members are scheduled to be on duty. Actual time spent for meetings shall be limited to time spent in meetings and travel time. Section B -- Such officers and members of the Union may be designated by the Union, not to exceed three (3) in number at any one time (except for attending labor conventions when the number shall not exceed seven (7) at any one time), shall be granted leave from duty with pay for Union business, such as attending labor conventions and educational conferences regarding collective bargaining and civil service, provided that notice of such conventions or conferences shall be requested and approved at least one week prior thereto by the department head, and provided further that the total leave for the bargaining unit for the purpose set forth in this section shall not exceed fifteen (15) days in any fiscal year. Section C -- Shop Stewards. Shop stewards shall be allowed up to one hour per month with pay for shop stewards meetings conducted during the steward's work shift. The number of shop stewards shall not exceed five (5) per City department or a City-wide total of eighteen (18). The Union shall keep the City notified of the current shop stewards and local Union officers. ARTICLE IX - EMPLOYEE RIGHTS 1. An employee shall have the right, upon request, to inspect his/her personnel file. No material referring to the employee's job competence or conduct shall be placed in the file without the employees knowledge and the opportunity to attach his/her comments. A copy of any entry pertaining to job competence or conduct will be given to the employee by the initiating department. 2. The initial discussion of a probationary, special or annual performance evaluation shall take place solely between an employee and his/her immediate rating supervisor. Thereafter an employee may be accompanied by a AFSCME Contract 1994-1996 - 11 - Union representative where job conduct or said performance evaluation is reviewed in a conference with management. On the job discussions between employee(s) and supervisor(s) regarding job duties, assignments or performance shall not be considered disciplinary action and shall not be subject to this provision. Appeals of performance evaluations and disciplinary actions shall be made in accordance with Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 3. Except as otherwise provided in State law, City Charter or Civil Service Rules and Regulations, off-duty activities of an employee shall not be cause for disciplinary action unless such activity is detrimental to the employee's performance on the job. 4. Work Rules. Work rules and policy shall be posted for employees and be in writing. They shall be uniformly applied. When existing work rules, policy or procedure are changed or new rules or procedures established, employees whose work assignment is affected shall be notified in writing (that is circulating memorandum) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature. Employees shall comply with all existing rules that are not in conflict with the express items of this Agreement, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule. Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. 5. The City agrees to establish a Safety and Health Committee in accordance with WAC 296.24.045. Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City. Unresolved complaints of violations of Washington Industrial Safety and Health laws may be referred to the Washington State Department of Labor and Industries, Industrial Safety Division, for investigation. 6. An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this Agreement according to the terms set forth without reprisal, repression, intimidation, prejudice or discrimination. AFSCME Contract 1994-1996 - 12 - ARTICLE X - MANAGEMENT RIGHTS Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy. Furthermore, the City reserves all customary management prerogatives including, but not limited to, the right to: 1. Establish, plan for, and direct the work force toward the organizational goals of the municipal government. 2. Determine the organization, and the merits, necessity and level of activity or service provided to the public. 3. Determine the City budget and financial policies including accounting procedures. 4. Establish, regulate and administer a personnel system, in conformity with the City Charter and Civil Service Rules and Regulations, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions. 5. Discipline or discharge of employees for cause as provided by the General Rules and Regulations of the City's Charter Civil Service Commission and in conformity with this Agreement. 6. Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accomplish governmental operations and maintain the efficiency thereof. 7. Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. 8. Assign work to and schedule employees in accordance with Civil Service classifications and position descriptions, and to establish and change work schedules in accordance with Article XXIII, Section 5. 9. Relieve any employees from duty due to lack of work or insufficient funds. 10. Take all actions necessary to carry out the mission of the City in emergencies. AFSCME Contract 1994 1996 - 13 - The above-cited management rights are not to be interpreted as being all inclusive, but merely indicate the type of rights which belong to the City. It is understood that any of the rights, power and authority the City had prior to the signing of this Agreement are retained by the City. Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified herein- above, or any other claimed prerogative may seek his/her remedy by the grievance procedure provided in the Agreement. ARTICLE XI - LABOR MANAGEMENT COMMITTEE The City and the Union shall cooperate to provide the public with efficient and courteous service, to encourage good attendance of employees and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. In order to accomplish these goals, a Labor -Management Committee shall be established consisting of three Union members chosen by the Union and the Union business representative; the City Manager or his designee and one management team member chosen by the City Manager; and two City Council members chosen by the Council. The Labor -Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen (15) working days from the date of a request for a meeting by a party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at issue. Prior to the meeting, a written agenda shall be prepared by the party requesting the meeting and may be supplemented by additions made by the other parties. A final agenda shall be established and distributed to all parties three (3) working days prior to the date of the meeting. Items not on the agenda shall not be discussed at the meeting unless mutually agreed by all parties. Disposition of matters covered in a labor relations meeting shall not contradict, add to, or otherwise modify the terms and conditions of the contract between the City and the Union but shall approach the matter(s) at issue with a problem -solving effort. ARTICLE XII - SOCIAL SECURITY The City will continue to provide the employer's share of FICA (Social Security) coverage for the employees covered in the bargaining unit. AFSCME Contract 1994 1996 - 14 - ARTICLE XIII - EQUAL OPPORTUNITY CLAUSE In accordance with Revised Order No. 4 implementing U.S. Executive Order 11246, Equal Employment Opportunity Act of 1972 and the Vocational Rehabilitation Act of 1973 as amended and implementing regulations, it is the policy of the City of Yakima and the Union to not discriminate against any employee or applicant for employment because of race, color, religion, age, sex or national origin, marital status or handicap. ARTICLE XIV - CONTRACTING WORK The City agrees that no permanent employee shall be laid off as a direct result of the City contracting work currently done by City employees. The City, however, retains the right to contract work as deemed desirable or necessary by the City and reassign employees who might otherwise be laid off as a result thereof; and the City further retains the right to lay off employees at the discretion of the City, due to lack of funds. ARTICLE XV - STRIKES AND LOCKOUTS PROHIBITED The Union shall neither cause, encourage nor counsel employees within the bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to perform any customarily assigned duties; provided, however, in the event the laws of the State of Washington should be changed so as to allow the right to strike, or to substitute therefor any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the Terms of any such law or change of law. The City agrees that during the term of this Agreement, there will be no lockouts. However, a complete or partial reduction of operations for economic or other compelling business reasons shall not be considered a lockout. In addition, if an employee is unable to perform his/her duties 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 XVI - UNION CONSTITUTION AND BY LAWS Upon request of the City Manager or his designate, the Union promptly shall furnish to the City Manager a current copy of the constitution, by laws and any other rules or regulations of the Union; and a copy of any revisions of such constitution, by-laws or any other rules or regulations shall be promptly furnished by the Union to the City Manager. AFSCME Contract 1994-1996 - 15 - ARTICLE XVII - MATERNITY LEAVE AGREEMENT Pregnancy will be treated as any other disability. An employee may work with her doctor's consent as long as she is able and if not able, will be put on disability in accordance with the Municipal Code and as governed by RCW Chapter 49.60 and WAC 162-30-120. ARTICLE XVIII - SALARIES AND FRINGE BENEFITS Section A. Salaries. 1. January 1, 1994 - December 31, 1994 a. WAGES: Effective January 1, 1994, the compensation plan in effect December 31, 1993 for the bargaining unit shall be continued through December 31, 1994. 2. January 1, 1995 - December 31, 1995 a. WAGES: Effective January 1, 1995, the compensation plan for the bargaining unit in effect December 31, 1994, shall be increased by 90% of the average of the U.S. Cities CPI -W and Seattle CPI -W for the period of July 1993 -July 1994, subject to a two point five percent (2.5%) minimum and a four point five percent (4.5%) maximum. 3. January 1, 1995 - December 31, 1996 a. WAGES: Effective January 1, 1996, the compensation plan for the bargaining unit in effect December 31, 1995 shall be increased by 90% of the average of the U.S. Cities CPI -W and Seattle CPI -W for the period of July 1994 -July 1995, subject to a two point five percent (2.5%) minimum and a four point five (4.5%) maximum. 4. Longevity. City Code Section 2.24.010, Subparagraph A, shall be amended to provide, effective January 1, 1984, the following change in longevity pay schedule: AFSCME Contract 1994-1996 Longevity Compensation Years Service Percentage of Base Pay At least 60 months and less than 120 months At least 120 months and less than 180 months At least 180 months and less than 240 months 240 months or more -16- Section B. Fringe Benefits. 1. Medical, Vision and Dental Care Coverage a. For the period of January 1, 1994 through March 31, 1994 Article XVIII, Salaries and Fringe Benefits, of the 1992-1994 Collective Bargaining Agreement between the City of Yakima and Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO shall govern health, vision and dental care coverage for AFSCME employees. b. Effective April 1, 1994 covered bargaining unit employees, retirees and their dependents shall participate in the "City of Yakima Employees' Health and Welfare Benefit 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." 2. Medical, Vision, Dental and Life Insurance Premium Contributions a. January 1, 1994 - December 31, 1996 (i) EMPLOYEE ONLY FRINGE BENEFIT PACKAGE (MEDICAL, VISION, DENTAL AND LIFE INSURANCE): The City shall contribute up to a maximum of One Hundred Thirty Dollars ($130.00) per month toward the total premium for the covered employee's fringe benefit package which includes medical, vision, dental and life insurances and the employee shall contribute Twenty Dollars and Ninety -Two Cents ($20.92) for a total premium of One Hundred Fifty Dollars and Ninety -Two Cents ($150.92). Employee premium contributions shall be paid by payroll deduction. Any premium amount over and above the One Hundred Fifty Dollar and Ninety -Two Cents ($150.92) level shall be equally shared by the City and the employee on a 50%/50% basis as shown in the following example: EXAMPLE FOR ILLUSTRATION PURPOSES ONLY Projected Claims = $160.92 City/Employee Combined Premium Contribution = 150.92 Difference = 10.00 50%/50% Split = 5.00 New City Premium Contribution = $135.00 New Employee Premium Contribution = $25.92 AFSCME Contract 19941996 - 17 - Any premium amounts in excess of the One Hundred Fifty Dollar and Ninety -Two Cent ($150.92) level shall be determined by the applicable broker of record. (ii) EMPLOYEE AND FAMILY FRINGE BENEFIT PACKAGE (MEDICAL, VISION, DENTAL AND LIFE INSURANCE): The City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and family fringe benefit package which includes medical, vision, dental and life insurances and the employee shall contributed Fifty -One Dollars and Eighty -Five Cents ($51.85) for a total premium of Three hundred One Dollars and Eighty -Five Cents ($301.85). Employee premium contributions shall be paid by payroll deduction. Any premium amount over and above the Three Hundred One Dollars and Eighty -Five Cents ($301.85) level shall be equally shared by the City and the employee on a 50%150% basis as shown in the following example: EXAMPLE FOR ILLUSTRATION PURPOSES ONLY Projected Claims = $321.85 City/Employee Combined Premium Contribution = 301.85 Difference = 20.00 50%/50% Split = 10.00 New City Premium Contribution = $260.00 New Employee Premium Contribution = $61.85 Any premium amounts in excess of the Three Hundred One Dollars and Eighty -Five Cents ($301.85) level shall be determined by the applicable broker of record. (iii) In the event the projected claims for an employee only or for an employee and family decrease below the One Hundred Fifty Dollars and Ninety -Two Cents ($150.92) and the Three Hundred One Dollars and Eighty -Five Cents ($301.85) respectively, between January 1, 1994 and December 31, 1996, the employee's contribution shall be adjusted to reflect 100% of the savings. Said savings shall not exceed Twenty Dollars and Ninety -Two Cents ($20.92) for employee only coverage or Fifty -One Dollars and Eighty -Five Cents ($51.85) for an employee and family coverage. (iv) Employee Coverage -- Effective January 1, 1994, through December 31, 1996, the City and the employee shall pay the total monthly medical insurance premium as part of the fringe benefit package premium calculation AFSCME Contract 1994-1996 - 18 - specified in Sections (i) and (ii) above in acccordance with basic policy provisions in effect for each employee who is eligible to enroll in the group health care program. (v) Dependent Coverage -- Effective January 1, 1994, through December 31, 1996, the City and the employee shall pay the total monthly medical insurance premium, as part of the fringe benefit package premium calculation specified in Sections (i) and (ii) above, in accordance with basic policy provisions in effect for employees, for employee with spouse, and/or dependents who are eligible to enroll in the group health care program. b. Retiree Coverage 1) Upon payment of the premium as required in b.(4) herein, retirees may elect to remain in the group medical plan until they reach age 65. 2) Spouses of retirees may remain in the group medical plan until they reach age 65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. 3) Other dependents of retirees may remain in the group medical plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents. 4) Retirees, or spouses of deceased retirees, shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for coverage of active City employees and dependents as applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. c. Life Insurance. Effective January 1, 1994 through December 31, 1996 the life insurance premium shall be part of the total fringe benefit package premium calculation specified in Sections (i) and (ii) above. Effective January 1, 1995, the face value of the life insurance policy shall be increased from five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00). Effective January 1, 1996, the face value of the life insurance policy shall be increased from ten thousand dollars ($10,000.00) to fifteen thousand dollars ($15,000.00) AFSCME Contract 1994-1996 -19- d. Wellness Committee. A representative from this bargaining unit will be appointed to the Wellness Committee. The committee will discuss such topics as heart life programs and physical exam coverage. ARTICLE XIX - SICK LEAVE Section A -- Accrual. Sick leave with pay is established as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows: 1. All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City. Said accrual shall be prorated for permanent part-time employees. 2. Unused sick leave shall be cumulative for succeeding years to a maximum of 1040 hours. Employees whose sick leave balance exceeds the aforementioned maximum as of December 31, 1981 shall be permitted to retain that overage until such time as use reduces the balance below 1040 hours. No additional credits will be subsequently allowed above 1040 hours. Section B -- Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness or physical incapacity resulting from causes beyond employee's control; 2. Verifiable visits to a physician or dentist for examination and/or treatment. 3. Quarantine of employee due to exposure to a contagious disease. 4. On-the-job injuries. Any employee receiving sick leave with pay, who is eligible for time loss payments under the Workman's Compensation Law may be paid full salary (sick leave) and on receipt of time loss payments may endorse such payments to the City to restore a portion of their used sick leave based upon the following formula: Time loss payment divided by the employee's regular hourly rate of pay equals hours of leave to be restored. At the option of the employee, the employee can retain her/his time loss payment. Employees retaining the time loss payment can continue to use accumulated sick leave. AFSCME Contract 19941996 - 20 - 5. The death of a member of the immediate family of an employee or employee's spouse. For purposes of this subparagraph, the term "immediate family" means any husband, wife, parent, grandparent, child, grandchild, brother or sister. No leave of absence in excess of three (3) days for a family death shall be taken by an employee unless additional leave is recommended by the employee's department head and approved by the appointing authority. 6. Care for a child of the employee under the age of 18 years of age with a health condition that requires verifiable treatment or supervision. 7. Serious injury or illness to other members of employee's immediate family constituting an emergency or crisis. Any sick leave granted for these purposes must be approved by the division manager or department head. 8. Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer. Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory time, in -lieu time, or their personal holiday in lieu of sick leave subject to the requirements of Sections C and D of this article. Section C -- Requirements for All Paid Sick Leave. 1. Every employee must report to the representative designated by his/her department head the reason for the absence as far in advance of the starting of his/her scheduled work day as possible. Generally, this report should be made no later than one-half (1/2) hour after the starting time of the shift on the first day of absence. 2. An employee must keep his/her department head informed of his/her condition if absence is of more than three (3) working days in duration. 3. For each absence an employee must submit upon the approved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three (3) working days, or for each absence, if requested by the department head. If a physician's statement is to be requested by the department head, the employee shall be so notified before his/her return to work. 4. Employees must permit home visits or medical examinations at the expense of the City and mutual convenience of the City and the employee. Section D -- Enforcement of Sick Leave Provisions. 1. Any failure to comply with the provisions of Section C above shall be grounds for denial of sick leave with pay or other paid leave taken in lieu of sick leave for the period of absence. AFSCME Contract 1994-1996 - 21 - 2. Misrepresentation of any material facts in connection with paid sick leave or other paid leave taken in lieu of sick leave by an employee shall constitute grounds for suspension or discharge. 3. It shall be the responsibility of the department head or his designated representative to: a. Review all sick leave or other paid leave taken in lieu of sick leave and approve that which is bona fide and complies with the provisions of this section and forward approved time cards to the Human Resources Division. The Personnel Officer shall not certify the payment of sick leave or other paid leave taken in lieu of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for pay- ment of sick leave or other paid leave taken in lieu of sick leave by the Personnel Officer upon recommendation of the department head as indicated by his/her signing the time sheet and subject to the receipt of an approved application for sick leave pay or other paid leave taken in lieu of sick leave immediately upon the employee's return to work; b. Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave; c. Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use; d. Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay or other pay taken in lieu of sick leave pay. Section E -- Sick Leave Exchange. Any permanent employee may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions: 1. Employees who have accrued less than 720 hours of sick leave may exchange sick leave for additional vacation days or for cash as follows: a. Upon retirement or death the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $6,250. b. Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay. Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen calendar days notice. Effective January 1, 1988, maximum payment shall be $6,250. AFSCME Contract 1994 1996 -22- 2. Employees who have accrued 720 hours or more of sick leave may exchange sick leave for additional vacation days or for cash subject to the following provisions: a. Upon retirement or death, the employee's accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 100% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $12,500. b. Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of 720 hours will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $6,250. c. Employees who have accrued more than 720 hours of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for each additional 8 hours of leave, not to exceed a total of 40 added leave hours annually, utilization of which would be subject to the scheduling and approval by the department head. 3. Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided in Section E-1 or E-2 above at the option of the employee, subject to the following conditions and provisions: a. A request for such an exchange shall be made to the Finance Director. All requests shall be in writing and shall be signed by the employee making the request. b. Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Finance Director. Exceptions to the above will be made for termination, layoff or disability retirement. c. No request will be granted for less than eight (8) hours pay or a minimum of three (3) days leave. d. No exchange will be granted to an employee who has been terminated for cause. e. In the event of layoff, exchange requests are the responsibility of the employee. AFSCME Contract 1994-1996 - 23 - ARTICLE XX - LAYOFF In the event that it becomes necessary to amend the layoff procedure in the Civil Service Rules, the City and the Union shall cooperate to develop layoff procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE XXI - VACATION Employees shall be granted annual vacation pursuant to the following conditions: 1. All full time employees shall accrue vacation with pay as follows: 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) (Effective 1/1/95) Said accruals shall be prorated for permanent, part-time employees. 2. Employees shall be allowed to accrue a total amount of vacation time equal to the amount which can be earned in two years. 3. Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article XDC, Section C and D provided the employee immediately upon becoming ill, notifies the division manager and presents to the division manager upon return to work a physician's certificate stating the nature of the illness and the length of the incapacity. AFSCME Contract 1904 1996 - 24 - ARTICLE XOQI - HOLIDAYS The following shall be recognized and observed as paid holidays: New Year's Day; Martin Luther King's Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; day after Thanksgiving Day; Christmas and one (1) personal holiday. Section A -- Personal Holiday. The personal holiday may be taken subject to the following conditions: 1. The employee has been or is scheduled to be continuously employed by the City for more than six (6) months, and 2. The employee has given not less than 14 calendar days of written notice to the division manager, provided, however, the employee and the division manager may agree on an earlier day, and 3. The division manager has approved the day, and 4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department, and 5. The personal day must be taken during the calendar year of entitlement or the day will lapse except when an employee has requested a personal holiday and the request has been denied. Section B -- General Holidays. 1. Whenever any holiday specified by State law falls on Saturday, the preceding Friday shall be the holiday. Employees who work Friday in such case shall be paid according to City Code Section 2.40.080 Subsection E. Whenever any 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. 2. For employees scheduled off other days: Whenever a holiday falls on a regular day off the employee shall be granted an equivalent day off within 30 days of the holiday with such day off to be scheduled by the division manager, but giving the employee the choice of the day preferred if possible. AFSCME Contract 1994-1996 -25- 3. Weekend -Workers: Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if a holiday falls on Sunday, the holiday shall be observed Sunday for those employees regularly scheduled to work on Saturday or Sunday. 4. Sewer Division Holidays: Thanksgiving, Christmas and New Years shall be non -working holidays except for emergency coverage in accordance with the rules established by the division manager. Holidays other than the three (3) stipulated holidays shall be worked if assigned if they fall within the scheduled work week. Individual employees and management may make mutually satisfactory arrangements which allow time off rather than work on the non -working holidays. Requests for release from holiday duty shall be submitted to the Wastewater Superintendent as early as possible, but no later than 30 days prior to the working holiday. Approval of time off is at the discretion of management dependent upon operational circumstances. 5. A request(s) for release from holiday duty will be acted upon by the division manager at least ten (10) days prior to the holiday. However, management may cancel an approved request if unforeseen events create a staffing vacancy which must be covered, or in case of an emergency. Subsequent to approval of holiday time off, employees may not demand to work the holiday. 6. If a holiday falls on a normal day off, an equivalent day off will be granted to be scheduled within 90 days of the holiday. Time and one-half will be paid for the hours worked on a holiday in addition to the employee's rate of pay. At the employee's option, the premium holiday pay shall be received or the employee may be paid at straight time with the equivalent of 1-1/2 days being granted off within 90 days. If not specified here the general holiday agreement applies. 7. Refuse Division Holidays: Holidays shall be worked as assigned except as modified below. In addition to Thanksgiving, Christmas, and New Year's Day, which shall be non -working holidays, employees of the Refuse Division shall not work on any contract holiday when the County landfill is closed. Provided, however, that when these holidays fall within the work week, uncollected refuse on these days will be collected on a weekend or other alternate day to be set by the division manager and employees working the alternate day will be paid at the overtime rate for all hours over 40. If not specified here, the general holiday agreement will apply. AFSCME Contract 1994-1996 - 26 - 8. Police Division Holidays: Due to the round-the-clock character of Police Department services, it is often necessary to assign members of the bargaining unit to work on holidays. If an employee is assigned to work on one or more of the designated ten (10) holidays, he or she may, at least thirty (30) days prior to the upcoming holiday: (1) Request that day off, or (2) Request a day off in lieu of the day in question. The alternate day off may be specified at the time of the request or established at a later date. If, in Management's discretion, either of the above types of requests are not approved, the employee shall be compensated at time and one-half pay for all hours worked on the assigned holiday. This is in addition to the regular, straight time pay due. The same pay conditions will hold for employees who have not requested the day off but have been assigned to, and perform, work on the holiday. If a request is approved for an in lieu day off, and a specific date has not been designated by the employee, a subsequent request to Management should be submitted at least thirty (30) days prior to the desired day off. In the event Management does not approve the requested in lieu day off or subsequently assigns an employee to work on a previously approved in lieu day, compensation shall be made at time and one-half pay for all hours worked. This is in addition to the regular straight time pay due. It is the employee's responsibility to make requests for appropriate holiday time off. If in lieu days accumulate, they will be lost at calendar year end unless they have been previously specified per the conditions of these provisions. 9. 10/4 Schedule: Employees working a 10/4 schedule shall earn ten (10) hours credit per holiday listed above. All other provisions of this article will continue to apply. ARTICLE XXIII - WORK WEEK PROVISIONS Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below. Employees' schedules will conform to the provisions of this article unless specifically modified by an Addendum to this contract, as provided for in Section 9. AFSCME Contract 1904 1996 - 27 - Section 1 -- Full-time and Permanent Seasonal Employees a. Work Day. Employees will be scheduled to work a day of eight (8), ten (10) or twelve (12) consecutive hours within a 24 hour period. b. Work Week. The work week shall consist of five consecutive 8 -hour days with 2 consecutive days off, or 4 consecutive 10 -hour days with 3 consecutive days off. c. Regular Hours. The City shall establish each work schedule which shall provide for regular starting and quitting times for each work day, and shall provide for the work week to begin and end on regularly established days of the week. d. Meal Periods. The work day will provide for at least a one-half (1/2) hour unpaid meal period to be scheduled as near mid -shift as possible. e. Rest Periods. The City shall provide employees with a 15 minute rest period for each one-half (1/2) 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. Section 2 -- Permanent Part -Time Employees a. Schedules. Part-time employees will be assigned to schedules which may consist of a part-time work day, a part-time work week or a combination thereof. b. Work Day. Part-time employees may be assigned to a work day of eight (8) hours or less and scheduled for consecutive hours of work. c. Work Week. Part-time employees' work week may be scheduled for consecutive or non-consecutive days. For example: an employee may be scheduled to work on Monday, Wednesday and Friday; or, an employee may work Monday, Tuesday, Wednesday and Thursday. Work weeks shall be scheduled to meet the needs of the division/department. d. Regular Hours. Permanent part-time employees will be scheduled to a work day with regular starting and ending times and scheduled to begin and end the work week on regularly established days of the week. e. Meal Periods. Part-time employees will be entitled to at least a one-half (1/2) hour unpaid meal period after four (4) hours of work which the City will provide if the employee requests the time. AFSCME Contract 1904 1996 - 28 - f. Rest Periods. Part-time employees will be provided a 15 minute paid rest period for each continuous four (4) hour period the employee works. Section 3 -- On -Call Employees On-call employees will not be scheduled to work a regular set shift, but rather, will be called to work to fill-in during the absence of another employee. On-call employees will be entitled to the meal and rest periods provided for in the scheduled shift for which they are filling in. Section 4 -- Minimum and Maximum Shift No employee will be scheduled to a regular shift of less than four (4) consecutive hours except in the Transit Division or Parks and Recreation Divisions. No employee shall be scheduled to a regular shift of greater than 12 consecutive hours. Section 5 -- Work Schedule Changes Any overall, long term change in work schedules will be discussed between the City and the Union prior to implementation. The City may change the regular starting and quitting times and the days worked in a week with five (5) work days notice prior to the effective date of the new schedule. The five (5) work day notice may be waived upon written mutual agreement between Management and the effected employees. Although reasonable warning will be given whenever possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to cover for the absences of another employee due to termination, resignation, vacations, or sick leave. Other than the reasons cited above, an employee's work shift shall not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or called to work before the regular starting time or retained to work beyond the regular quitting time. Section 6 -- Emergency Situations The City shall determine when an emergency situation exists and an emergency shall be defined as a sudden, unexpected event which creates a situation endangering the public or employees health and/or safety. In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees. However, management will endeavor to preserve employee work schedules whenever possible. AFSCME Contract 1994-1996 - 29 - Section 7 -- 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. Section 8 -- Water Treatment Plant All of the operators at the City's Water Treatment Plant will rotate every twenty-eight (28) days from days to nights and nights to days, as applicable. The relief operator responsibilities are also rotated every three (3) months. Under this work schedule, the hours are split forty-six (46) hours one week and thirty-one (31) hours the next week. The work week begins 6:00 a.m. each Sunday. Under this arrangement, the employees will be changed from their current salary pay status to hourly pay status. Thus, the employees will be paid over -time for six (6) overtime hours worked in the 46 hour week (46 minus 40=6). The next week the employee will work and be paid for a scheduled thirty-one (31) hours. This will facilitate the payment of overtime to the employees for working more than forty (40) hours in one week. Section 9 -- Addenda Recognizing the diversity of the work force in the Bargaining Unit, the Union and the City agree that other work week provisions may, from time to time, be required for various groups of employees. It is therefore, agreed that alternative work week provisions may be adopted. These alternative provisions will be adopted as written Addenda to this contract and will require approval of the City and the Union and a majority of the employees covered by the Addenda. ARTICLE XXIV - OVERTIME Employees who are required to work more than 40 hours in any work week shall be paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess of forty (40) hours per week. Credited time shall be in fifteen (15) minute increments. However, compensating time off at the time and one-half rate in lieu of overtime pay may be requested by the affected employee. In that case, compensating time may be taken at such time as is agreed upon by the employer and the employee, but may not be imposed by the employer upon any employee who has not so requested such compensating time off. Compensatory time off may be accrued to a maximum of 40 hours unless the City Manager approves additional accrual because of an emergency or other unusual circumstance. Provided, however, existing compensatory time in excess of forty (40) hours shall remain until used. AFSCME Contract 1994-1996 -30- Time spent by an employee beyond the normal working day for training classes or travel time for same, shall not be considered time worked for calculation of overtime pay. Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay. The City shall grant time off to eat to any employee who is requested to and does work two (2) hours beyond the regular quitting time. The employer shall grant thirty (30) minutes to eat every four (4) hours thereafter while the employee continues to work. In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall insure the employee obtains a meal though at the latter's expense. ARTICLE XXV - CALL OUT PAY A minimum of two (2) hours pay at the time and one-half rate will be paid to an employee who is called to return to work after leaving the work site at the completion of the shift or is called to work on a day off. Call out time is counted from the time the employee begins work until the employee is released from the workplace. ARTICLE XXVI - STANDBY PAY The determination of the need for and assignment of standby time is a responsibility of Management. Employees will have the opportunity to volunteer or exchange for standby prior to being made a required assignment. The employee must notify their supervisor in writing by the end of the previous shift of an exchange with another employee for assigned standby. Effective January 1, 1992 compensation for assigned standby time will be $1.00 per hour. 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. AFSCME Contract 1994-1996 - 31 - ARTICLE XXVII - SHIFT DIFF ERENTIAL For employees who work a regularly scheduled shift where all or part of the shift hours fall between 6:00 p.m. and 6:00 a.m., an additional 4% per hour over base pay will be paid for all hours worked within the stipulated period to the nearest one-half (1/2) hour. Persons working overtime past their normal shift will not be entitled to payment under this article unless all of the scheduled hours of the second shift are worked. Transit operators who work a split shift or split work week shall receive 4% shift differential for 20 hours per week. Operators who work both split shift and split work week shall receive 4% differential for 30 hours per week. ARTICLE XXVIII - HEALTH HAZARDS/INOCULATIONS For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human or animal waste, the City will arrange and provide for inoculations or vaccines recommended by the Yakima County Health Officer. ARTICLE XXIX - PERMANENT PART-TIME EMPLOYEES PERMANENT ON-CALL EMPLOYEES PERMANENT SEASONAL EMPLOYEES Whenever possible permanent part-time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. Permanent part-time employees may work on an "on-call" basis and be asked to report daily to their duty station to determine if their services are needed for that day. Such employees will receive compensation only if their services are needed. Permanent part-time employees may, as a condition of their employment, be required to have a telephone in their personal residence so that they may be notified if they are needed to work on a particular day. If called to report for work in their assigned job classification, permanent part-time, on-call, or seasonal employees shall report to work or utilize vacation, sick leave, or other time off in accordance with the provisions of this Agreement. It is recognized and expected that permanent part-time and on-call employees may be assigned work to fill-in while permanent full-time employees are absent due to vacation, illness, or other cause which may preclude the assignment of a specific work schedule and therefore not considered to have a regularly scheduled work shift. Permanent part-time employees will be eligible to receive overtime payments in accordance with Article XXIV only if they work more than forty (40) hours in any calendar week. No overtime compensation will be paid if such employee exceeds the regularly scheduled workday unless such work causes the employee to work more than forty (40) hours in the work week. AFSCME Contract 1994-1996 - 32 - The provisions of Article XXV, Call Out Pay, shall not apply to permanent part-time, on-call or seasonal employees. Permanent part-time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked. In order to facilitate crediting to those accounts, permanent part-time, on-call, and permanent seasonal employees benefits will be initially assigned to 50%, 75%, or 100%, as determined by the appointing authority, of the accrual rate. Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates. Holiday time will be adjusted annually. ARTICLE XXX - ENTIRE AGREEMENT This Agreement constitutes the complete and entire Agreement between the parties and neither the City nor the Union shall be bound by any requirement not specifically stated in this Agreement or applicable Civil Service rules. The parties are not bound by the past practices or understandings of the City or the Union unless such past practices or understandings are incorporated in this Agreement. The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter not removed from the collective bargaining process by law and regarding wages, hours, and working conditions and agree that all said proposals have been negotiated during the negotiations leading to this Agreement. The parties further agree that negotiations will not be reopened on any item during the life of this Agreement except by the mutual consent or as provided in Article IV, Section C, Negotiations Timetable. ARTICLE XXXI - SAVINGS CLAUSE It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any article of this Agreement is held or found to be in conflict therewith, said article shall be void and shall not bind either of the parties hereto, however, such invalidity shall not affect the remaining articles of this Agreement. Notwithstanding any other provisions of this Agreement, the parties may take all actions reasonable to comply with the Americans with Disability Act and the Family Medical Leave Act. If the Washington State Health Services Act of 1993 or Federal Health Care legislation mandates changes to the Health Care/Fringe Benefits article of this Agreement, then the parties agree to negotiate about those mandated changes subject to the dollar amounts and contribution formulas remaining the same as provided in Article B2a-c. AFSCME Contract 1904 1996 - 33 - ARTICLE XXXII - TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 1994 and shall terminate on December 31, 1996 provided, however, that this Agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto during the term hereof. Recommended by: For the Union: G22 rte Ron Gray, aff i3epresentative Council 2, Washington State Council of County and City Employees 4A__O) /1&,,a) Clara Sanders, President AFSCME Local 1122, AFL-CIO For the Employer: G1 Rice, Assistant City Manager City of Yakima Robert Dse11i Bargainin eam, AFSCME Local 1122, AFL-CIO y Covell, Director Engineering & Utilities City of Yakima 4Tz/Z2-ie,7,7 David Hussell, Director Streets/Traffic Engineering City of Yakima Larl\f aquihs Bargaining `eam, AFSCME Local 1122, AFL-CIO ttiuk Lirz -f Mary Grable( Bargaining eam AFSCME Local 1122, AFL-CIO AFSCME Contract 1994-1996 Archie Sutton, Director Human Resources City of Yakima -34- Richard A. Zais, City Manager City of Yakima EXECUTED by the parties hereto this l 8-174- day of J-wL-+ ATTEST: City Clerk CITY CO# TRAcr NO. AFSCME Contract 1994-1996 City of Yakima By: R.A. Zais, jr. City Manager ,19 9Y. Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO By: Clara Sanders President Council 2, Washington State Council of County and City Employees, AFSCME, AFL-CIO Bv: - 35 - \;), on ay Staff Representative 7 RESOLUTION NO. R -94- A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute a collective bargaining agreement for calendar years 1994, 1995 and 1996 with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, resulting in the attached proposed collective bargaining agreement document for calendar years 1994, 1995 and 1996, and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a collective bargaining agreement for calendar years 1994, 1995 and 1996 with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, a copy of which collective bargaining agreement is attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this 2 1 day of June, 1994. MAYOR ATTEST: 1 az'i� CITY CLERK