HomeMy WebLinkAboutR-2019-102 Collective Bargaining Agreement / Yakima Police Corrections Sergeants (Teamsters 760)RESOLUTION NO. R-2019-102
A RESOLUTION authorizing a collective bargaining agreement with the Yakima Police
Corrections Sergeants (Teamsters Local 760) for January 1, 2020 -
December 31, 2023
WHEREAS, pursuant to Washington State law, the City and Teamsters Local 760 have
engaged in negotiations resulting in the attached collective bargaining agreement for Police
Corrections Sergeants for January 1, 2020 - December 31, 2021; and
WHEREAS, the Teamsters Local 760 and City of Yakima negotiated in good faith to
reach the proposed collective bargaining agreement, and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for January 1, 2020 - December 31, 2023, and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for January 1, 2020 - December 31, 2023, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated collective bargaining agreement between the City of Yakima and the
Yakima Police Corrections Sergeants for January 1, 2020 - December 31, 2023 The City
Manager is also hereby authorized to and, without a further resolution, execute amendments to
the collective bargaining agreement which may be necessary or appropriate to clarify its terms
and conditions, maintain compliance the law, and/or make other minor adjustments
ADOPTED BY THE CITY COUNCIL this 19th day of November, 2019
AxTEST
Sonya Claar \e, City Clerk
Teamsters Local Union 760
Agreement For
City of Yakima Police Corrections Sergeants
January 1, 2020 — December 31, 2023
OR
G NAL
CONTENTS
PREAMBLE 1
ARTICLE 1 — RECOGNITION 1
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF
AND MAINTENANCE OF MEMBERSHIP 2
ARTICLE 3 — RIGHTS OF PARTIES 2
ARTICLE 4 — WAGES AND BENEFITS 5
ARTICLE 5 — HOLIDAY PAY 8
ARTICLE 6 — VACATION LEAVE 9
ARTICLE 7 — SICK LEAVE 9
ARTICLE 8 — HEALTH CARE ... 10
ARTICLE 9 — RETIREE HEALTH CARE BENEFITS 10
ARTICLE 10 - GRIEVANCE PROCEDURE 10
ARTICLE 11 — HOURS OF WORK 12
ARTICLE 12 — SENORITY .................... 13
ARTICLE 13 — UNION LEAVE 13
ARTICLE 14 — TEAMSTERS RETIREMENT CONTRIBUTION 14
ARTICLE 15 — SAVINGS CLAUSE 14
ARTICLE 16 - TERM OF AGREEMENT 15
APPENDIX A 16
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter
41 56 by and between the City of Yakima hereinafter known as the "Employer" and the
Yakima Police Corrections Sergeants Unit represented by Teamsters Local #760,
hereinafter known as the "Union" for the purpose of setting forth the wages, hours, and
other terms and conditions of employment which shall be in effect during the term of this
Agreement for employees included in the bargaining unit described in Article 1 below.
ARTICLE 1 — RECOGNITION
1.1
The employer recognizes the Union as the exclusive bargaining representative
on matters concerning wages, hours, and conditions of employment for all City of
Yakima Corrections Sergeants, excluding all other employees of the department.
1.2 The Union recognizes the City as the representative of the people of the City of
Yakima and agrees to negotiate only with the City through the negotiating agent
or agents officially designated by the City Manager to act on the City's behalf.
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ARTICLE 2 — UNION SECURITY/DUES CHECK OFF AND MAINTENANCE OF
MEMBERSHIP
2.1 All employees of the Employer covered by this Agreement who are members of
the Union in good standing on the effective date of this Agreement shall remain
members in good standing in the Union.
2.1.1 If such employee pursuant to this Section requests the Union to use the
Grievance and Arbitration Procedure on his/her behalf, the Union is
authorized to charge the employee for the reasonable cost of using such
procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without
regard to Union membership.
2.3 When provided a "voluntary check -off' authorization form furnished by the Union
and signed by the employee, the Employer agrees to deduct from that
employee's pay, the Union's uniform applicable dues, initiation fee and/or service
fees, as prescribed in the "voluntary check -off' form. The full amount of monies
so deducted from the employee shall monthly be forwarded to the Union by
check along with an alphabetized list showing names and amounts deducted
from each employee The Union agrees to defend and hold the Employer
harmless from and against any and all claims, demands, lawsuits, orders or
judgments arising from the administration and effects of this Section.
2.3.1 An employee may revoke his or her authorization for payroll deduction of
payments to the Union by written notice to the Employer. Every effort will
be made to end the deduction effective on the first payroll, but not later
than the second payroll, after the Employer's receipt of the employee's
written notice.
2.4 The Union agrees to refund to the employee any amounts paid to the Union in
error on account of the payroll deduction provision upon presentation of proper
evidence thereof. The earning of the employee must be regularly sufficient after
other legal and required deductions are made to cover the amount of the
appropriate Union dues. All other legal and required deductions have priority for
payment over such dues
2.5 The Union agrees to defend and hold the Employer harmless from and against
any and all claims, demands, lawsuits, and/or orders of judgments arising from
the administration and effect of this Article. It is also agreed that neither any
employee nor the Union shall have any claim against the Employer for any
deductions made or not made unless a claim of error is made in writing to the
Employer within forty-five (45) calendar days after the date such deductions
were, or should have been made.
ARTICLE 3 — RIGHTS OF PARTIES
3.1 Employer Rights:
Any and all rights concerned with the management of Yakima Police Department
Corrections, are exclusively that of the Employer unless otherwise provided by
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the terms of this Agreement or the Charter Civil Service Rules and Regulations.
Furthermore, the City reserves all customary management prerogatives
including, but not limited to, the right to:
A) Adopt rules for the operation of the Division and conduct of the
employees covered by this Agreement;
B) Establish, plan for, and direct the work force toward the organizational
goals of the division;
C) Determine the organization, and the merits, necessity and level of activity
or service provided to the public;
D) Determine new work methods;
E) Control the Corrections Division budget;
F) Establish, regulate, and administer a personnel system in conformity with
the City Charter and Charter Civil Service Rules and Regulations and with
this Agreement, 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;
G) Discipline, suspend, demote or discharge employees for just cause, which
shall be defined as compliance with the due process procedures outlined
in this Agreement, as provided by the Department Rules and the
Regulations of the Charter Civil Service Commission and in conformity
with this Agreement;
H) Determine the methods, means, equipment, material, numbers and kinds
of personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
Agreement;
J) Relieve any employee from duty due to a lack of work or insufficient funds
as provided by in the Charter Civil Service Commission Rules and
Regulations and in conformity with this Agreement.
K) To perform all of the functions not otherwise expressly limited by this
Agreement;
L) Take all actions necessary to carry out the mission of the City in
emergencies.
M) Provided nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56.
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3.2 Scope of Management Rights:
The above management rights are not to be interpreted as being all inclusive, but
merely indicate the type of rights which inherently 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. The Employer acknowledges
that changes impacting the working conditions of employees covered by this
Agreement may be subject to bargaining as defined by RCW 41.56.
3.3 Employee Rights:
3.3.1 In the event an employee is subject to any legal action arising out of any
actions taken or not taken by the employee in the performance of their
duties, he/she has the right to request representation and indemnification
through his/her agency in accordance with City policy.
3.3.2 Employees may engage in off -duty employment provided that the
employee has submitted a written request to the Police Chief and
approval has been granted prior to engaging in such employment.
Approval will be granted if the employment does not:
A. Utilize Employer resources;
B. Create undue financial obligations for the Employer;
C Interfere with proper performance of assigned duties; or
D. Create a conflict of interest.
3.3.3 The Employer retains all of the Employer's rights to correct or discipline
an employee for off -duty conduct which has a nexus to their employment.
Employees shall report all arrests, criminal citations, and any court -
imposed sanctions or conditions that may affect their fitness for duty to
the Police Chief or designee within twenty-four (24) hours or prior to their
scheduled work shift, whichever occurs first.
3.3.4 Employees will not be required to unwillingly submit to a polygraph test;
provided, however, this provision does not apply to the initial application
for employment and does not preclude a voluntary polygraph.
3.3.5 Any employee within the bargaining unit who may feel aggrieved, may
seek remedy by the grievance procedure provided in this Agreement
except as otherwise provided in said Agreement.
3.3.6 Employees shall comply with all rules not in conflict with the expressed
terms of this Agreement, provided that the rules are in writing and
reasonable notice be given of the existence of said rules and that the
rules are uniformly applied and enforced.
3.4 Any employee who becomes the subject of an internal investigation shall be
notified in writing within seventy-two (72) hours after the Department assigns an
internal investigation number unless notification may prejudice the integrity of the
investigation. Any employee shall be advised at least twenty-four (24) hours prior
to the time of an investigative interview, unless the exigency of the situation
justifies Tess notice, for the following:
A. Committing a criminal offense; and/or,
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B. Misconduct that could be grounds for discipline including.
termination or discharge, demotion, suspension without pay, or
written reprimand.
Such notification shall be in sufficient detail to reasonably apprise him/her of the
matter.
3.5 In administrative matters relating to job performance, the following shall apply:
A. Interviewing shall be completed within a reasonable time and in a
reasonable manner unless the exigency of the interview dictates
otherwise;
B Any employee who becomes the subject of an internal
investigation may have legal or Union representation present
during all interviews. This representation is confined to counseling
and not active participation during interviews and/or meetings;
C Investigative interviews may be recorded by video or audio at the
discretion of the Employer Upon request, the employee under
investigation shall be provided an exact copy of any written
statement he/she has submitted and signed.
3.6 Where there is probable cause to believe that an employee unfit to perform
his/her duties, the Employer may require the employee to undergo a fitness for
duty examination in accordance with current standards established by the
Washington Association of Sheriffs and Police Chief's, the International
Association of Chiefs of Police, the Americans With Disabilities Act and other
applicable laws.
ARTICLE 4 — WAGES AND BENEFITS
4.1 Wages:
• 1 /1 /2020 2.5% of base pay increase
• 1 /1 /2021 2.5% of base pay increase
• 1/1/2022 2.5% of base pay increase
• 1/1/2023 2.5% of base pay increase
The top step Corrections Sergeant monthly wage will be established at a
minimum of 15% above the top step Corrections Officer monthly wage.
4.2 Deferred Compensation.
Each bargaining unit member shall be paid, in addition to that employee's
monthly salary, deferred compensation each month in an amount equal to 3.0%
of said monthly salary.
4.3 Life Insurance:
The City shall pay in full the premium for a group life insurance policy with a
maximum benefit of one hundred fifty thousand dollars ($150,000.00) up to the
date of retirement or separation from service. Life Insurance benefits will be paid
in accordance with the conditions of the group policy.
4.4 Shift Differential:
Employees will receive 5% shift differential for all hours worked between 6.00 PM
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and 6:00 AM weekdays and anytime on Saturday or Sunday.
4.5 Call Back Pay:
Employees who are called back to work, and the call back is not in conjunction
with 2 hours prior or after their regular shift, shall be paid a minimum of two (2)
hours pay at the rate of time and one-half (1 1/2). If call back is within two (2)
hours, it will be a continuation of the shift.
4.6 Standby Pay:
Compensation for assigned standby time is: $4.00
Yakima City Corrections Sergeants shall maintain responsibility of performing
standby duties at the Yakima City Jail throughout the term of this contract. The
determination of the need for standby time is the responsibility of Management.
Corrections Sergeants, when on 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. The parties agree to reopen this
Section in the event the Chief of Police wishes to implement a different
organizational structure.
4.7 Footwear Allowance.
The city will provide an annual one -hundred and fifty -dollar ($150.00) payment for
the purchase or repair of approved footwear.
4.8 Bilingual/Biliterate Compensation:
• Employees who have Spanish bilingual capacity shall receive 3% of their
base pay per month for their work in that capacity.
• Employees who have Spanish biliterate capacity shall receive 2% of their
base pay per month for their work in that capacity.
Bilingual/Biliterate compensation is subject to prior written approval from their
respective Department Head and subject to achieving a passing score on the
bilingual and/or biliterate 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. Once
certified and compensated for the bilingual special pay the employee can only
stop providing the service if the Department Head determines the skill is no
longer needed
4.9 Firearm Purchase:
The employee will enter into a personal agreement with the City to repay the cost
of the AR-15 firearm, interest free, in twenty-four (24) payroll deductions. If the
employee leaves employment prior to twenty-four (24) months the balance of the
cost will be deducted from the final paycheck. Employees may have only one (1)
personal agreement at a time.
4.10 Longevity:
Corrections Sergeants of the City of Yakima who are regularly and continuously
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employed full time, and who have completed periods of service as hereinafter set
forth, shall receive compensation, called longevity pay, in addition to their regular
salary, according to the following schedule, to be paid on the first applicable pay
day following the 31st day of December and the 30th day of June of each year:
Years of Service
Compensation At least four (4) years and
less than nine (9) years
At least nine (9) years and
less than fourteen (14) years
At least fourteen (14) years and
less than nineteen (19) years
At least nineteen (19) years and
less than twenty-four (24) years
Twenty-four (24) years and more
Longevity
1.5% of base monthly salary
3.0% of base monthly salary
5.5% of base monthly salary
7.0% of base monthly salary
10.0% of base monthly salary
4.11 Longevity Payment at Termination:
4.11.1 Upon termination of employment of anyone entitled to longevity pay,
such person shall receive a longevity payment, according to the above
schedule, for the number of months of eligibility served by such
employee from the date on which the previous longevity payment was
made. Such payment shall not be made for fractions of a month, and
shall not be counted as one for which longevity pay is to be made, and if
termination of employment occurs after the fifteenth day of any month,
that month shall be counted as one full month for which longevity is to be
made.
4.11.2 No longevity pay shall be made to any employee who is
terminated/discharged from employment for disciplinary reasons.
4.12 Education Incentive Pay:
Corrections Sergeants are eligible to receive either an educational incentive or
tuition reimbursement. If at any time the employee has participated in a tuition
reimbursement program paid by the City, they are not eligible to receive the
educational incentive. Alternatively, if an employee has received education
incentive, they are not eligible to receive tuition reimbursement. This section is
intended for an employee to take advantage of only one education benefit.
Educational Incentive:
Eligible Corrections Sergeants shall be paid a monthly education incentive
payment based on the following schedule:
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BA Degree:
MA Degree:
3.0% of their current base pay for that month
4 0% of their current base pay for that month
Education incentive pay shall be paid to employees only after the City has
received an official transcript from the educational institution verifying the degree
or credits received.
Tuition Reimbursement:
In consideration for the City's encouragement of formal education for its
supervisors and/or managers, the City will reimburse members for accredited
college and university courses in a related to a field of study in a degree program
for bachelor's degree or higher. The institutions of higher learning shall be
accredited by a nationally recognized accrediting agency. The City will reimburse
tuition, lab fees, and books (with verified invoice) at the following rates for
education beginning January 1, 2020 or later:
A+to A- =90%
B+ to B- = 75%
C+toC- =50%
Grades less than C- or equivalent, will not be eligible for reimbursement.
Members receiving reimbursement for education agree to remain in their position
with the Yakima Police Department (or promotion) for a minimum of twenty-four
(24) months beyond the graduation of their academic degree or the completion of
the last reimbursed class. If departure is anticipated to occur prior to twenty-four
months, the costs will be prorated.
4.13 Fitness Incentive:
A fitness incentive will be available to Corrections Sergeants who meet CJTC
standards for Corrections Officer each year during this contract period
Corrections Sergeants must successfully complete both semi-annual physical
agility tests (PAT) and other terms as defined in Appendix A of this
Agreement to be eligible to receive a one thousand dollar ($1000) annual
incentive payment with their November earnings.
4.14 Meal Reimbursement:
Employees will be provided an allowance of $45 per day for meals for travel more
than 50 miles outside the limits of the City of Yakima.
ARTICLE 5 — HOLIDAY PAY
Employees covered by this agreement shall receive a bank for holiday hours January 1,
of each calendar year. For eight hours shifts the bank will be ninety-six (96) hours and
ten hours shifts will be one -hundred twenty (120) hours.
Holiday shifts shall be worked as assigned. Relevant staffing levels will be
determined by the Department in accordance with operational
requirements.
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Holiday time must be used in the calendar year in which it was credited
and may not carry-over into successive calendar years.
New members of the bargaining unit will receive holiday credits at the rate
equivalent to the number of hours of their regularly assigned shift per
observed holiday remaining in the calendar year. Members must be
scheduled to work for more than one-half (1/2) of the month's shifts in
order to receive holiday credit for the month in which they were hired.
An employee who uses their holiday time and leaves the Department
before December 31st shall have the equivalent number of hours removed
from their earned leave account or final pay for each observed holiday
remaining in the year.
ARTICLE 6 — VACATION LEAVE
6.1 Accruals:
Employees will be awarded annual
Accumulation limits/annual carry-over
employee's maximum annual
• Less than 2 years
• After 2 full years -
• After 6 full years -
• After 10 full years
• After 15 full years
• After 20 full years
• After 25 full years
accrual.
of service - 8 hours per month (96 hours peryear)
9.33 hours per month (111.96 hours peryear)
12 hours per month (144 hours per year)
- 14 hours per month (168 hours peryear)
- 16 hours per month (192 hours peryear)
— 197 hours per year
— 205 hours per year
vacation time in the following manner.
shall continue to be two (2) times the
6.2 Vacation Leave Cash -Out:
Employees have the option to sell back to the City up to one-third (1/3) of their
vacation leave accrued within the previous twelve (12) month period (based on a
calendar year) in accordance with the City of Yakima Municipal Code provision in
section 2.40.120.
ARTICLE 7 — SICK LEAVE
7.1 Accrual:
Upon initial employment, employees shall accrue sick leave at the rate of sixteen
(16) hours for each of the first six full calendar months of service with the City,
and no sick leave shall accrue for the seventh through the twelfth full calendar
months of service. Thereafter, commencing with the thirteenth full calendar
month of service, each employee shall accrue sick leave at the rate of ten (10)
hours for each full calendar month of service. Unused sick leave may be
accumulated for an unlimited maximum period.
7.2 Sick Leave Exchange:
Employees who have accrued more than ninety (90) days (seven hundred twenty
hours) of sick leave may exchange such sick leave for bonus (additional) leave
days at the rate of three (3) days of sick leave for each additional leave day, not
to exceed a total of five added leave days annually, utilization of which would be
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subject to the scheduling and approval by the Department Head.
7.3 Sick Leave Cash -out:
A. Upon retirement the accrued sick leave will be sent as a contribution to a
Voluntary Employee Beneficiary Association (VEBA) account at the rate of
one hundred percent (100%) of the current base pay to a maximum of thirty-
eight thousand five hundred dollars ($38,500.00).
B. Upon termination under honorable condition other than retirement, such as
layoffs for budget reasons, resignation with proper notice and position
abolition, accrued sick leave up to a maximum of one thousand (1000) hours
will be exchanged for pay at the rate of fifty percent (50%) of the current base
wage to a maximum of eighteen thousand seven hundred and fifty dollars
($18,750.00).
7.4 Sick Leave Transfer:
Members shall be allowed to participate in the Sick Leave Transfer Program as
defined in the City of Yakima Municipal Code 2.40.110 — Sick Leave Transfer.
ARTICLE 8 — HEALTH CARE
The City will pay premiums to the Teamsters UEBT Plan A-6 (medical trust),
Washington Teamsters Welfare Trust, Northwest Administrators (WTWT) Dental Plan
A, and WTWT Vision Plan on behalf of each bargaining unit member who had at least
(40) compensable hours in the prior month. Coverage will include employees and their
eligible dependents. Current 2019 premiums are $1,125.60 The City's portion of the
current premium is $1,069.10 and the employee's portion is $56.50 toward the monthly
contributions for these Plans. Premium increases to this plan during this contract term
will be paid by the City. However, if premiums increase ten percent (10%) or more in
any contract year, then the City and Union agree to reopen this article and negotiate in
good faith to determine the cost sharing of the premium increase.
ARTICLE 9 — RETIREE HEALTH CARE BENEFITS
The Employer shall make contributions, subject to the procedures stated below, as are
necessary to implement the Teamsters Benefit Trust Fund's Retirement Security Plan
(RSP) (i.e. retiree medical), which provides for Health and Welfare benefits for retired
employees who qualify under the plan's enrollment rules. Current 2019 premiums are
$719.24. The City's portion of the current premium is $567.62, and the employee's
portion is $151.62 toward the monthly contributions for this Plan. Increases in the RSP
as established by the Teamsters Benefit Trust Board of Trustees during the term of this
Agreement will be paid 50% by the Employer and 50% from employee wage deductions.
The Union agrees to defend and hold the Employer harmless from and against any and
all claims, demands, lawsuits, orders or judgments arising from the administration and
effect of this participation. The Employer's obligation under this Agreement is limited to
the payment of normal contributions based on hours worked by unit employees.
ARTICLE 10 - GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
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Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within thirty
(30) calendar days after the employee knew or should have known of the action or
decision giving rise to the grievance. This thirty (30) calendar day period must be used
by the employee to attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in
writing. Days are calendar days and will be counted by excluding the first day and
including the last day of timelines. Transmittal of grievances, appeals and responses will
be in writing. Service on the parties is complete when delivered in person; or upon
receipt by electronic mail or by the postmarked date if sent by certified mail.
Timeliness:
Failure by the Union to comply with the timelines will result in the automatic withdrawal of
the grievance. Failure by the employer to comply with the timelines will entitle the Union
to move the grievance to the next step of the process.
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement or policy affecting
wages, hours, or working conditions allegedly violated and a specific
description of how each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals
involved in the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The Employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re -submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed -upon alternative,
the grievance will be considered "fully and finally" resolved and will not be moved to the
next step.
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
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writing, to employee's supervisor with a copy to Human Resources within the thirty (30)
calendar day period described above. The responsible supervisor shall meet with the
grievant and the Union Representative within thirty (30) calendar days of the receipt of
the grievance and respond in writing to the Union within thirty (30) calendar days of the
meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next
step by filing it with the Chief of Police or designee, with a copy to Human Resources,
within thirty (30) calendar days of the Union's receipt of the Step 1 decision. The Police
Chief or designee will meet with the grievant and the Union Representative within thirty
(30) calendar days of the receipt of the appeal and will respond in writing to the Union
within thirty (30) calendar days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next
step by filing it with the City Manager or designee, with a copy to Human Resources,
within thirty (30) calendar days of the Union's receipt of the Step 2 decision. The City
Manager will respond in writing to the union within thirty (30) calendar days of the receipt
of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter
may, within thirty (30) calendar days, be referred by either party to expedited mediation -
arbitration. There shall be no withholding by either side of known facts or evidence,
relating to a grievance prior to arbitration.
Upon demand for arbitration the parties may mutually agree to an Arbitrator or if
agreement cannot be reached, both parties shall immediately petition the Federal
Mediation and Conciliation Service for the names of seven (7) arbitrators and within
seven (7) calendar days from receipt of the list, the two (2) parties shall select one (1)
name from it by alternatively crossing off a name until one (1) remains, with the grieving
party striking first. This process for selecting an arbitrator need not be followed if both
parties agree on any person as an impartial arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her
decision solely to the interpretation, application or enforcement of this Agreement. The
arbiter shall confine himself/herself to the precise issue submitted for arbitration, and
shall have no authority to determine any other issues not so submitted to him/her. The
decision of the arbiter shall be final and binding upon the aggrieved employee, Union
and employer.
The arbitrator's fees and expenses, as well as the cost of any hearing room, shall be
borne equally by the employer and the Union. All other costs and expenses shall be
borne by the party incurring them.
ARTICLE 11 — HOURS OF WORK
The Union and Employer recognize that the work performed by the members of this
bargaining unit can be supervisory in nature. Sergeants are considered hourly
employees and are eligible for overtime after forty (40) hours of compensation in the
workweek (subject to appropriate FLSA period below).
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Employees covered by this agreement are accountable for their work product, meeting
the objectives of the organization, and are subject to the Employer's policies applicable
to all overtime -eligible employees.
The workweek may consist of:
• Five (5) consecutive eight (8) hour days with two consecutive days off (5/40 FLSA
schedule).
• Four (4) consecutive ten (10) hour days with three (3) consecutive days off (4/10
FLSA schedule).
• Five (5) consecutive nine (9) hour days with two (2) consecutive days off,
alternating with three (3) consecutive (9) hour days and one (1) eight (8) hour day
followed by three (3) consecutive days off. (9/80 FLSA schedule).
Employees shall work such days and hours as required to advance the mission of the
Corrections Division as determined by the Employer. The parties acknowledge that
assigned shifts may vary based on specific assignment and needs of the department,
and that historic patterns have developed over time unique to both. Per Article 1 Section
1.1 and Article 3 Section 3.2, exigent circumstances aside, the Employer acknowledges
its obligation to bargain the effects of a permanent change to an ongoing shift pattern.
All employees shall be scheduled to work on a regular work shift, and each work shift
shall have a regular starting and ending time. The Employer shall provide fourteen (14)
calendar days' notice of a permanent change to an ongoing shift pattern.
ARTICLE 12 — SENORITY
12.1 A seniority roster will be maintained by the department's Police Chief, or his/her
designee, and shall be used to schedule vacation leaves and days off.
Scheduling days off shall be executed by the Police Chief, or his/her designee, as
an administrative function. Seniority among Sergeants shall govern priorities for
vacation leave and days off and shift bidding.
12.2 If equal seniority exists preference will be given first to employees with the most
seniority in the classification involved; second, to employees with the most
seniority in the department; third, to employees with the most seniority in City
service; and if equal seniority exists, the order of lay-off will be determined by the
ranking on the Civil Service Register.
ARTICLE 13 — UNION LEAVE
13.1 One (1) Sergeant shall be granted leave from duty without any loss of pay during
the pre -impasse and post -impasse period as provided in RCW 41.56, for all
meetings between the City and the Union for the purpose of negotiating the terms
of a contract and/or attendance at mediation, when such meetings take place at a
time during which any such members are scheduled to be on duty.
13.2 Employees, not to exceed one (1) in number at any one time, shall be granted
leave from duty with pay for Teamster affiliated Union business, such as
attending labor conventions and educational conferences regarding collective
bargaining, provided that notice of such conventions or conferences shall be
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023 13
CM
given at least two (2) weeks prior thereto to the Police Chief, and provided further
that the total leave for the entire bargaining unit for the purposes set forth in this
section shall not exceed six (6) days in any fiscal year.
13.3 One (1) Sergeant may be granted release time during normal working hours to
attend meetings for collective bargaining, labor-management, grievances, pre-
disciplinary/disciplinary hearings, investigatory interviews and other meetings
related to contract administration.
ARTICLE 14 — TEAMSTERS RETIREMENT CONTRIBUTION
Employees of this group have expressed interest in voluntarily participating in this
program by utilizing employee paid contributions. The City and Union have not been able
to reach agreement on this article and hold harmless language but agree to reopen this
article for discussion at a later date.
ARTICLE 15 — SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any
Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of
the Agreement will remain in full force and effect. If such a finding is made, the parties
agree to make themselves available to negotiate a substitute for the invalid Article,
Section or portion.
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023
CM
14
I
ARTICLE 16 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect January 1,
2020 and continue through December 31, 2023.
Executed by the parties hereto this day of N)VArV rkt` c- (72019
Corrections Sergeants
Teamsters Local #760
By:
)tet.,/
Leonard J. Crouc //. /3.19
Secretary Treasurer
OR
NAL
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023
CM
15
City of Yakima
By;
Alex Meyrhoff
Interim City Man •er
ATTEST.
Sonya Claar-Tee
City Clerk
CITY CONTRACT NO:
RESOLUTION NO:
APPENDIX A
PERSONAL PHYSICAL FITNESS STANDARDS AND TESTING
A. PURPOSE
The purpose of the personal physical fitness standards and testing program is to
promote physical fitness of Corrections Sergeants within the Yakima Police
Department, and to specify the scheduling, conduct and administration of semi-
annual physical fitness tests.
B. PARTICIPATION
Enrollment and participation in the physical fitness testing program shall be optional
at the election of the employee Current bargaining unit employees who elect not to
enroll and participate in the program shall not be eligible for the monetary incentive
described below.
Current employees may elect annually each January to enroll, participate and test
under the Program Upon passing the applicable testing standards the employee
shall receive the monetary fitness incentive described below.
The Employer will not discriminate against any employee for exercising any option
to enroll and participate, or not to enroll or participate, in the program.
C. PHYSICAL FITNESS ABILITY TEST DESCRIPTION
The physical fitness ability test shall be comprised of the same elements as the
physical fitness ability test administered by the Washington State Criminal Justice
Training Center for its entry level corrections academy recruits. The Employer will
ensure that each semi-annual test is current and consistent with testing utilized by
the Washington State Criminal Justice Training Center.
D. ADMINISTRATION OF THE PHYSICAL FITNESS TESTING
The physical fitness ability testing will be conducted twice each year, in April and
October. Employees wishing to participate in the Fitness Testing shall notify the
Chief Examiner by 5:00pm on January 31 st of each year of his/her desire to test.
Participating employees will be notified at least thirty (30) days in advance of the
specific testing date, time and location. The Employer may select months other than
those specified above, provided the two (2) annual testing dates are at least six (6)
months apart, and shall provide participating employees at least thirty (30) days
advance notice of the date, time and location of the test.
All participating employees must make themselves available on the scheduled test
dates. Officers shall be on on -duty status during the examination (testing) process
but shall receive no overtime or extra compensation for the time spent taking the
examination. Employees who are ill or injured on the date of any scheduled test
may request an alternate test date, by providing medical documentation of their
condition. A request for an alternate test date must be made sufficiently in advance
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023 16
CM
of the test date, so the Employer can fairly and fully consider and schedule any
requested alternate test date. Untimely requests will not be considered. The Chief
Examiner shall make the final decision regarding the granting of an alternate test
date.
Employees who have an emergent or extraordinary schedule conflict with the
announced test date may request an alternate date. The reason(s) for the request
must be presented to the Chief Examiner in writing at least five (5) days before the
test date. The Chief Examiner shall make the final decision regarding the granting of
an alternate test date.
Testing will be administered by members of the Command Staff from the Yakima
Police Department and proctored by the Chief Examiner or his/her designee
E. TESTING RESULTS
Those employees who elect to enroll and participate in the program, and who have
achieved a passing score on both semi-annual tests within the same year, shall be
entitled to receive the fitness incentive pay described in the contract. If such
employees do not achieve passing score on either semi-annual test, such employee
shall not receive, and shall not be eligible to receive, any fitness incentive pay for
that period.
FITNESS TEST BENCHMARKS -FITNESS INCENTIVE PAY MINIMUM TEST
REQUIREMENTS: Eligibility to receive fitness incentive pay, requires
participants to pass all three of the following test components: push- ups, sit-
ups and 1.5 mile run/walk.
Each participating employee who passes both semi-annual physical fitness tests
within the same year shall be entitled to receive fitness incentive pay, which will be
paid annually, in an amount specified in the contract.
PHYSICAL ABILITY TEST STANDARDS
The Yakima Police Department's Corrections Sergeants Physical Ability Test (PAT) shall
utilize the same elements as the test administered by the Washington State Criminal
Justice Training Commission for entry level corrections academy recruits. At each semi-
annual test, the CJTC scoring system that is current at the time of the test will be utilized,
and an overall score of 120 or better must be achieved to be eligible for the incentive pay.
The PAT is comprised of three tests, following the CJTC Protocol below.
• Push-ups
• Sit-ups
• 1.5 Mile run/walk
**AII participants should have an opportunity to warm-up (5-10 minutes); this may be self -
directed or led by test personnel**
Protocol
The test is conducted in sequence as, #1 Push-up, #2 Sit-up, #3 1.5 Mile Run.
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023 17
CM
Push-up
Measures the muscular strength/endurance of the upper body, particularly the shoulders,
chest, and triceps (back of upper arm) used in high intensity defensive tactics training and
application. This is a critical component of the proper use of force involving pushing,
grabbing, and breaking one's fall to the ground, as well as getting back up off the ground.
The push-up is conducted with the participant starting in the up position. A rater lies facing
the participant with a four -inch cube placed under the participant's chest. The count begins
when the participant's arms are bent in a 90-degree bend at the elbow measured from the
outside of the arm, upper arms are horizontal to the mat and finishes when the participant
returns to the up position with the elbows fully extended. A correct pushup is performed
when the participant's back is flat (NO arch or bow), the feet are together (one foot can be
placed on the heel of the other or up to 1 foot apart), and the hands are shoulder width
apart. Rest can only be done in the up position.
Sit-up
Measures the muscular strength, endurance, and flexibility of the torso muscles of the
abdomen. The torso muscles are some of the most used muscles in the body. They bend
and twist the torso and generate power in many of the control tactics taught at the
academy, as well as performing other activities that involve the use of force. These
muscles are also important for maintaining good posture and minimizing lower back
problems. Please note: The participant has one minute to do as many correct sit-ups as
possible.
The sit-up is conducted with the participant lying on their back with knees bent to a 90-
degree angle and the heels of their feet on the perimeter of a padded floor mat. A Spotter
straddles the participant's feet holding the knees tightly, and a Counter kneels behind the
participant with a hand placed beneath the participant's head.
The participant has a choice of two positions for their hands on the head:
1. Position 1 is with the hands behind the head and the fingers laced. The fingers
MUST stay laced behind the head for the repetition to count.
2. Position 2 is the hands are cupped over the ears alongside the head. Again, the
hands MUST stay cupped over the ears for the repetition to count.
One full repetition starts with the back on the mat. The participant then comes forward all
the way to touch their knees with their elbow. Then come back down to the mat so that their
head touches the counter's hand. Rest can only be done in the up position.
Once in position, the participant has one minute to do as many correct sit-ups as they can
do.
1.5 Mile Run
Measures cardio-respiratory endurance or the aerobic capacity needed in extended control
and prolonged defensive tactics training. This is important for performing activities involving
stamina and endurance such as prolonged use of force events, rigorous and continuous
training classes 4-8 hours in length, and minimizing the risk of cardiovascular health
problems.
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023 18
CM
The run is conducted on a 440 yard/400 meter track or marked level course.
Scoring
Scoring of the P.A.T. will be in accordance with established CJTC scoring matrix/guidelines
that are current at time of testing. In order to pass the P.A.T. through the CJTC, the
participant must earn 120 points from three events however, to qualify for the Fitness
Incentive, participants must pass each event and must earn a minimum of 120 points
from the three events. The participant does not pass an event and earns "0" points if they
do Tess than the minimum number of repetitions for the event. The participant does not earn
more points if they do more than the maximum number of repetitions for the event.
Corrections Sergeants
Teamsters Local 760
January 1, 2020 — 2023
CM
19
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.D.
For Meeting of: November 19, 2019
Resolution authorizing Yakima Police Corrections Sergeants
(Teamsters Local 760) Collective Bargaining Agreement for 2020-
2023
SUBMITTED BY: Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
City Management and Teamsters Local #760 representatives for Yakima Police Corrections
Sergeants negotiated in good faith, a contract setting forth the wages, hours, and other terms and
conditions of employment for four years (2020-2023). To that end, both parties recommend the
City Council review and approve the attached CBA proposal. The Corrections Sergeants have
voted and ratified this proposed agreement.
Highlights of the proposed CBA include:
• Wage adjustment of 2.5% for 2020, 2021, 2022 and 2023
• Bilingual/Biliterate stipends are updated. The English/Spanish bilingual stipend is 3% of
base pay and an additional 2% of base pay is added for English/Spanish biliterate
capacity.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
resolution 11/14/2019
Type
ergo
2
D ?pm - 2n23 Corrcch00,= Sgl CBA 11/120019 Cover Metro
United E i ployees Benefit Trust
Non -Profit • . of Employee Romps Since 1965
1. Parties
PO Box 8130 * Tacoma WA 98419
(253) 474-1214 or (800) 223-2449 ext. 13
Fax: (253) 474-7180
E-mail: diana@unitedemployees.org
Participation Agreement —Represented Group
(Revised January 1, 2017)
The Employer and Labor Organization identified below are parties to a collective
bargaining agreement providing for participation in the United Employees Benefit Trust
(UEBT).
348 City of Yakima (Corrections) Teamsters Local 760
Employer Name Labor Organization
129 N Second St 1211 West Lincoln Avenue
Address Address
Yakima WA 98901 Yakima WA 98902
City, State, Zip Code City, State, Zip Code
916001293
Employer EIN (Tax ID No )
2. Participation Status
X This is an updated collective bargaining agreement covering a
current participating employer.
This is a new participating employer.
Trust coverage is effective. January 1, 2020
Based on hours reported for December 2019
3. Term of Bargaining Agreement
Effective Date: January 1, 2020
Termination Date: December 31, 2023
1 100 000 agmt oa02 1104
(month)
(month)
4. Benefit Plans Provided for in Bargaining Agreement
Please check the UEBT plans provided for in the collective bargaining agreement.
Medical
❑ A5 Medical (composite rate)
o A5 Medical (tiered rate)
z A6 Medical
❑ AV8 Medical
❑ AV9 Medical
Dental
❑ D5 Dental
O D7 Dental
❑ D8 Dental
O Orthodontia
Time Loss Vision
❑ Time Loss 2
to Time Loss 4
0 Vision 3
5. Eligibility Rules in Collective Bargaining Agreement
Benefits are only available to eligible participants who meet the requirements of the
collective bargaining agreement providing for participation in the UEBT. Please identify the
bargaining agreement's eligibility requirements
Required number of reportable hours per month:
Define hours which are reportable (i.e., hours worked; hours compensated; straight time
hours, etc.)
Identify any probationary period (must be uniformly applied):
Identify any contractually excluded class of employees (i.e , seasonal, etc.):
6. Employer Responsibility for Accurate Reporting
Contributions are due on the fifteenth (15th) of the month following the month for which
hours are reportable. The Employer is responsible for remitting the entire premium on behalf of
each eligible employee. It is the Employer's responsibility to collect any portion of the
contributions paid by employees. Any Employee meeting the bargaining agreement's eligibility
requirements may not be excluded unless the Employee has opted for and has maintained
Employer -sponsored coverage through an HMO as authorized by state law
Individuals who are retired, do not have sufficient reportable hours, are not covered by
the bargaining agreement, do not have a bona fide employment relationship with the Employer,
or are otherwise ineligible may not be reported to the Trust. Letters of Understanding or other
additions to or exceptions from the bargaining agreement language concerning Trust
participation are not valid unless approved in advance by the Board of Trustees. If benefits are
provided as a result of the Employer's reporting of ineligible individuals, the Trust may recover
any improperly paid benefits from either the individual on whose behalf the benefits were paid
or the Employer who reported them to the Trust. The Trust may also retain contributions made
on behalf of ineligible individuals.
1100 000 agmt oa021 104
-2-
1
7. Right to Audit
All Employers participating in the Trust are subject to the Trust's audit provisions and
policies. If contributions have not been paid on eligible employees, the Trustees may require
such contributions be made and also recover interest on the unpaid contributions, liquidated
damages of 10% of the unpaid contributions (20% after suit is filed), audit fees, attorney's fees,
and any other collection costs as provided for in the Trust Agreement. The Employer is
responsible for the cost of the audit if reporting discrepancies exceed five percent (5%).
8. Obligation to Maintain Records
All employers are required to maintain records (including records of hours worked and
compensated) sufficient to determine the accuracy of the contributions made to the Trust.
Pursuant to federal law, records are to be retained for seven years after the contributions are
made. If records are insufficient to determine whether contributions were in fact due, the Trust
in its discretion may employ a presumption that employees who appear to have performed any
bargaining unit work in a month did have sufficient hours in a month to require a contribution.
9. Continuation Rights
If an Employer ceases participating in the Trust, any current or former employees of the
Employer who have elected or have the right to get continuation coverage pursuant to federal
continuation laws will have their coverage terminated as of the last day of the month in which
the Employer's active employees cease participation in the Trust. Any further continuation
rights will be the responsibility of the Employer except when federal law requires to the
contrary.
10. No Transfer of Assets
If any employer ceases participation in the Trust, the withdrawing employer and its
employees shall have no right or claim to any of the assets of the Trust.
11. Subscription to Trust Agreement
In consideration of their acceptance as participants in the United Employees Benefit
Trust, the undersigned Employer and Union do hereby subscribe to, and agree to be bound by
the terms and provisions of the current Trust Agreement and any amendments thereto. The
undersigned Employer and Union further accept, as their respective representatives, the
Employer Trustees and Union Trustees now serving on the Board of Trustees of the Trust, and
their lawful successors. The Employer and the Union acknowledge and agree that the details of
the benefit plans provided by the Trust and the rules under which the employees shall be
eligible are determined solely by the Board of Trustees in accordance with the governing Trust
Agreement. The Board of Trustees has the sole discretion to interpret the terms of the Trust's
benefit plans, to establish policies and provisions governing the operation of the Trust, to
determine eligibility and to handle other matters related to the administration and operation of
the Trust.
1100.000 agmt oa021104
-3-
12. Authorization to Execute Agreement
By signing this Agreement, the signors for the Employer and the Union certify that they
have the authority to execute the collective bargaining agreement providing for participation in
the UEBT and this Agreement on behalf of the party for which they are signing.
13. Term
This Participation Agreement shall be effective for the term of the collective bargaining
agreement listed in paragraph 3 or the expiration of any obligation to continue contributions
under an applicable labor law, if later. To ensure proper management of the Trust, Trust rules
and this Participation Agreement obligates a bargaining group to participate in the Trust for a
minimum of 24 months. If a group has participated in the Trust for less than 24 total months,
the bargaining parties may not bargain out until 24 months have elapsed. A bargaining group
can terminate its participation in the Trust before 24 months have elapsed only if the Employer
goes out of business or the Labor Organization is decertified as the bargaining representative or
disclaims interest.
EMPLOYER / UNION
er or Represent
By: c
(Signature of Authorized Unis Representative) 5.tp.
Wt' it `` - L.eavltcroi 3. CvlAkc(n S €c-~Cis
(Name and Title of Eml9loyer Rep
resentative • Please Print) (Name and Title of Union Representative • Please Print)
CITY CONTRACT NO: 2019-17 z✓ `-'y" Um .
RESOLUTION NOI1- a'*•O) q- ) Ua
By:
(Signature of Employer or Representative)
(Name and Title of Employer Representative • Please Print)
1100.000 agmt oa021 104
-4-
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
TEAMSTERS LOCAL 760,
REPRESENTING YAKIMA CORRECTIONS SERGEANTS UNIT.
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by and
between Teamsters Local 760 representing Yakima Corrections Sergeants Unit (hereinafter
"Teamsters") and the City of Yakima, a Washington Municipal corporation (hereinafter "City").
This MOU memorializes the agreement between the City and Teamsters regarding the COVID-
19 Pandemic and the bargaining unit members inability to utilize their vacation leave due to the
"Stay Home, Stay Safe" Executive Order.
The City and Teamsters agree that the provisions as set forth in this MOU supersede any
conflicting provisions in the Collective Bargaining Agreement covering the periods of terms for
the Teamsters Local 760 representing the Yakima Corrections Sergeants Unit Collective
Bargaining Agreement.
Whereas, the City and Teamsters agree that the COVID-19 Pandemic and "Stay Home, Stay
Safe" Executive has impacted the ability for employees to utilize their annual leave;
Whereas, the City and the Teamsters agree the annual vacation accrual cap shall be
suspended for the 2020 year end; now
Therefore, the City and the Teamsters agree the Vacation Leave accrual cap limits will be
suspended for the 2020 year end and excess hours will be carried over for use in 2021.
Vacation Leave accrual cap limits will be reinstated effective December 31, 2021 Vacation
Leave hours carried over must be used by December 31, 2021 and are subject the approval
process identified in the collective bargaining contract. Any hours exceeding the annual cap
limit as of December 31, 2021 shall be forfeited. Vacation Leave carry over hours are not
eligible for cash out.
This MOU is executed by the parties this 1-3 day of December, 2020.
For the Union.
44-adi--.
Leonard J. Croh
Secretary — Treasurer
Date: el• 9. w2
Robert Harrison
City Manager
Date: 'TD-e-E • t'7 ,
CITY CONTRACT NO Q i-1- 1-i 3 Am 3,
RESOLUTION NO' 12+-aa1 y. I0 2s
o
MEMORANDUM OF AGREEMENT
BETWEEN TEAMSTERS LOCAL 760
CITY OF YAKUMA
REPRESENTING THE YAKUKMA CORRECTIONS SERGEANTS UNIT
This Memorandum of Agreement (K4OA) is made and entered into by and between Teamsters
Local 760 (hereinafter referred to as the Union) representing the City ofYakima Corrections
Sergeants Unit (hereinafter referred to as the Sergeant) and the City of Yakima (hereinafter
referred tmasthe Ennp|oyer).
The purpose of this MOU is to modify current contract language inAppendix Ato conform tothe
new Washington State Criminal Justice Training Cononnbaimn Physical Ability Tests that was
implemented January l,3O2l. All other articles shall remain unchanged.
Union and Employer agree to amend Appendix A to read as follows:
APPENDIX A
PERSONAL PHYSICAL FITNESS STANDARDS ANDTESTING
A. PURPOSE
The purpose of the personal physical fitness standards and testing program is to promote physical
fitness of Corrections Sergeants within the Yakima Police Department, and to specify the
scheduling, conduct and administration of semi-annual physical fitnesstests.
B. PARTICIPATION
Enrollment and participation in the physical fitness testing program shall be optional at the
election of the employee. Current bargaining unit employees who elect not to enroll and
participate in the program shall not be eligible for the monetary incentive described below.
Current employees may elect annually each January toenroll, participate and test under the
Program. Upon passing the applicable testing standards the employee shall receive the monetary
fitness incentive described below.
The Employer will not discriminate against any employee for exercising any option toenroll and
participate, ornot toenroll orparticipate, inthe program.
C. PHYSICAL FITNESS ABILITY TEST DESCRIPTION
The physical fitness ability test shall be comprised of the same elements as the physical fitness
ability test administered by the Washington State Criminal Justice Training Center for its entry
level corrections academy recruits. The Employer will ensure that each semi-annual test is current
and consistent with testing utilized by the Washington State Criminal Justice Training Center.
D. ADMINISTRATION OF THE PHYSICAL FITNESS TESTING
The physical fitness ability testing will be conducted twice each year, in April and October.
Employees wishing to participate in the Fitness Testing shall notify the Chief Examiner by 5:OOpm
on January 31sY of each year of his/her desire to test. Participating employees will be notified at
least thirty (30) days in advance of the specifictesting date, time and location. The Employer may
select months other than those specified above, provided the two (2) annual testing dates are at
least six (6) months apart, and shall provide participating employees at least thirty (30) days
advance notice of the date, time and location of the test.
All participating employees must make themselves available on the scheduled test dates. Officers
shall be on on -duty status during the examination (testing) process, but shall receive no overtime
or extra compensation for the time spent taking the examination. Employees who are ill or injured
on the date of any scheduled test may request an alternate test date, by providing medical
documentation of their condition. A request for an alternate test date must be made sufficiently
in advance of the test date, so the Employer can fairly and fully consider and schedule any
requested alternate test date. Untimely requests will not be considered. The Chief Examiner shall
make the final decision regarding the granting of an alternate test date.
Employees who have an emergent or extraordinary schedule conflict with the announced test
date may request an alternate date. The reason(s) for the request must be presented to the Chief
Examiner in writing at least five (5) days before the test date. The Chief Examiner shall make the
final decision regarding the granting of an alternate test date.
Testing will be administered by members of the Command Staff from the Yakima Police
Department and proctored by the Chief Examiner or his/her designee.
E. TESTING RESULTS
Those employees who elect to enroll and participate in the program, and who have achieved a
passing score on both semi-annual tests within the same year, shall be entitled to receive the
fitness incentive pay described in the contract. If such employees do not achieve passing score on
either semi-annual test, such employee shall not receive, and shall not be eligible to receive, any
fitness incentive pay for that period.
FITNESS TEST BENCHMARKS -FITNESS INCENTIVE PAY MINIMUM TEST REQUIREMENTS: Eligibility
to receive fitness incentive pay, requires participants to pass all three of the following test
components: push- ups, sit-ups and squat thrusts.
Each participating employee who passes both semi-annual physical fitness tests within the same
year shall be entitled to receive fitness incentive pay, which will be paid annually, in an amount
specified in the contract.
PHYSICAL ABILITY TEST STANDARDS
The Yakima Police Department's Corrections Sergeants Physical Ability Test (PAT) shall utilize the
same elements as the test administered by the Washington State Criminal Justice Training
Commission for entry level corrections academy recruits. At each semi-annual test, the CJTC scoring
system that is current at the time of the test will be utilized, and a pass in all three events must be
achieved to be eligible for the incentive pay.
The PAT is comprised of three tests, following the CJTCProtocol below.
* Push-ups
* Sit-ups
°w Squat thrusts
"All participants should have an opportunity to warm-up (5-10 minutes); this may beself-directed
or led bxtest personnel. There shall be a vest period ofuptothree (3) minutes in between the
push-ups and sit-ups. There shall be a nest period uptofive (S) minutes between the sit-ups and
the oquatthrusts.**
Protocol
The test is conducted in sequence as, #1 Push-up, #2 Sit-up, #3Squat thrusts.
Push-up
Measures the muscular strength/endurance of the upper body, particularly the shoulders, chest, and
triceps (back ofupper arm) used in high intensity defensive tactics training and application. This is
critical component of the proper use of force involving pushing, grabbing, and breaking one's fall to
the ground, aswell asgetting back upoff the ground.
The push-up is conducted with the participant starting in the up position. A rater lies facing the
participant with a four -inch cube placed under the participant's chest. The count begins when the
participant's arms are bent ina9U'degneebend at the elbow measured from the outside ofthe arm,
upper arms are horizontal to the mat and finishes when the participant returns to the up positionwith
the elbows fully extended. A correct pushup is performed when the participant's back is flat (NO arch
or bow), the feet are together (one foot can be placed on the heel of the other or up to I foot apart),
and the hands are shoulder width apart. Rest can only be done in the up position. The participant
must complete a minimum of fifteen (15) push-ups in ninety (90) seconds to pass.
Sit-up
Measures the muscular strength, endurance, and flexibility of the torso muscles of the abdomen.The
torso muscles are some of the most used muscles in the body. They bend and twist the torsoand
generate power in many of the control tactics taught at the academy, as well as performing other
activities that involve the use of force. These muscles are also important for maintaining good posture
and minimizing lower back problems. Please note: The participant must complete a minimum of
twelve (12) sit-ups in ninety (90) seconds to pass.
The sit-up isconducted with the participant lying ontheir back with knees bent to a 90-clegreeangle
and the heels of their feet on the perimeter of a padded floor mat. A Spotter straddles the participant's
feet holding the knees tightly, and a Counter kneels behind the participant with a hand placed beneath
the participant's head.
The participant has achoice oftwo positions for their hands onthe head:
1. Position 1 is with the hands behind the head and the fingers laced. The fingers
MUST stay laced behind the head for the repetition tocount.
Z. Position % is the hands are cupped over the ears alongside the head. Again, the
hands MUST stay cupped over the ears for the repetition tocount.
One full repetition starts with the back onthe mat. The participant then comes forward all the wayto
touch their knees with their elbow. Then come back down to the mat so that their head touches the
counter's hand. Rest can only bedone inthe upposition.
1.5 Squat Thrusts
Stand tall with your feet shoulder -width apart and your arms atyour sides. Push hips back and bend
your knees, squat down, and place hands on the floor in front of you, shoulder width apart. Keeping
your hands in place, back flat, and core engaged, kick your feet back to a plank position: arms and body
straight, hands inline with and slightly wider than your shoulders. Reverse the sequence tureturn to
the starting position. The participant will have three (3) minutes to complete a minimum of twenty-five
/2S\squat thrusts topass.
Scoring
Scoring nfthe P.A.l[vviU be inaccordance with established C]TCscoring matrix/guidelines that are
current at time of testing. In order to pass the P.A.T. through the CJTC, the participant must receive a
pass from all three events.
This MOU is executed by the parties this .��/= day of May,2021'
Bob Harrison
City Manager
CITY CONTRACT
RESOLUTION NO:-
LeoD@ndJ. Crouo,o 5'.7—/A.-2J
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
TEAMSTERS LOCAL UNION 760
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the Teamsters Local Union 760 (hereinafter "Union") and the City of Yakima, a
Washington Municipal corporation (hereinafter "City").
Whereas, the City of Yakima is a charter city of the first class of the State of Washington and
is the employer of all members of the corrections division; and
Whereas, the Union is the exclusive bargaining representative for all City of Yakima
Corrections Sergeants; and
Whereas, this MOU memorializes the agreement between the City and the Union regarding
pay for 2021 eve holiday for corrections sergeants. All parties acknowledge that these issues
have been negotiated in accordance with RCW 41.56; and
Whereas, the City and the Union agree this MOU fully resolves all potential grievances filed by
the Association regarding this matter; and
Whereas, the City and the Union agree that the provisions as set forth in this MOU do not
create a past practice and supersede any conflicting provisions in any Collective Bargaining
Agreement covering the issues contained in this MOU.
Therefore, the City and the Union agree that for the year 2021, the four (4) eve holiday hours
will be paid at straight time for all corrections sergeants in place of the corrections sergeants
having an additional four (4) hours of leave. These wages shall be included in the January
paycheck and are subject to the normal payroll rules.
Executed this day of December, 2021.
City of Yakima: For the Union:
Bob Harrison
City Manager
V.1.1 2vr2
Date
CITY CONTRACT NO. //�� [�j�
RESOLUTION NO' 11 Q-2VIci- tOoZ
(2_ 2-0 -2.I
Leonard J. Crouch Date
Secretary Treasurer
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
TEAMSTERS LOCAL UNION 760
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the Teamsters Local Union 760 (hereinafter "Union") and the City of Yakima, a
Washington Municipal corporation (hereinafter "City").
Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is
the employer of all members of the Corrections Division; and
Whereas, the Union is the exclusive bargaining representative for all City of Yakima Corrections
Sergeants; and
Whereas, this MOU memorializes the agreement between the City and the Union regarding the
addition of the Juneteenth holiday. All parties acknowledge that these issues have been
negotiated in accordance with RCW 41.56; and
Whereas, the City Council added an additional recognized holiday for Juneteenth in ordinance
2021-028 on October 19th, 2021; and
Whereas, there is a valid Collective Bargaining agreement through December 31, 2023; and
Whereas, the City and Union seek to recognize Juneteenth by granting additional holiday hours
to the Union members; and now
Therefore, Article 5 — Holiday Pay of the Collective Bargaining Agreement will be amended to
read as follows:
Employees covered by this agreement shall receive a bank for holiday hours January 1, of each
calendar year. For eight hours shifts the bank will be ninety six (96) one -hundred four hours
(104) hours and ten hours shifts will be one -hundred thirty twenty (120 130) hours.
i.r�
Executed this ( day of March, 2022.
City of Yakima: For the Union:
r
Ltit-Ou3D- "463k-0-S- 6,,p-uri -3 ,
Bob Harrison
City Manager
CITY CONTRACT NO::QC 2 a-n(' l('
RESOLUTION NO: .a() ICI - 1(Za
Date Leonard J. Crouch Date
Secretary Treasurer
1
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
TEAMSTERS LOCAL UNION 760
REPRESENTING YAKIMA CORRECTIONS SERGEANTS UNIT
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between Teamsters Local Union 760 representing the Yakima Corrections Sergeants
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City").
Whereas, the City of Yakima is a charter city of the first class of the State of Washington and
is the employer of all members of the Union; and
Whereas, the Union is the exclusive bargaining representative for all employees identified in
Article 1 of the Collective Bargaining Agreement; and
Whereas, this MOU memorializes the agreement between the City and the Union regarding
eliminating the eve holiday benefits and adding additional vacation earning time. All parties
acknowledge that these issues have been negotiated in accordance with RCW 41.56; and
Whereas, the City and the Union agree that the provisions as set forth in this MOU terminate
any past practice regarding eve holiday time.
Therefore, the City and the Union agree Section 6.1 of the Collective Bargaining Agreement
shall be amended as follows:
6.1 Accruals:
Employees will be awarded annual vacation time in the following manner. Accumulation
limits/annual carry-over shall continue to be two (2) times the employee's maximum annual
accrual.
YEARS OF SERVICE ACCRUAL RATE
Less than 2 years of service
After two (2) full years
After six (6) full years
After ten (10) full years
After fifteen (15) full years
1
8.33 hours per month
(-9644ours-annualM,
9.3-366 hours per month
4--2 1OUI-anoually)
12.33 hours per month
0 WS-an nuatty)
14.33 hours per month
16.33 hours per month
(49-244eurs-artn-uallA6
After twenty
After twenty
Executed this
City of Yakima:
Bob Harrison
City Manager
CITY CONTRACT NO: 0°'
RESOLUTION NO:
(20) full years
-five (25) full years
day of November, 2022.
16.75 hours oar month
(-4,97-how, , ally)
17.42 hours per month
For the Union:
UtA Vaco-a
Date Leonard J. Cr uch Date
Secretary/Treasurer
2
y��������&J��N0� /�� UNDERSTANDING
m/�-nv,��/`�-^/a����.". ��. m
By and between
CITY of Y4KIMA
And
TEAMSTERS LOCAL 760 REPRESENTING THE YAK;M/\ CORRECTIONS
SERGEANTS UNIT
THIS MEMORANDUM OF UNDERSTANDING (hereinafter ^MOU") ismade and entered into bv
and between the Teamsters Local 760representing the Yakima Corrections Sergeants Unit
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
Whereas, the City of Yakima is a charter city of the first class of the State of Washington and
is the employer of all members who work as corrections sergeants; and
Whereas, the Union imthe exclusive bargaining representative all City of Yakima Corrections
Sergeants; and
Whereas, this W1(]U memorializes the agreement between the City and the Union regarding
incentives and other conditions related tocorrections sergeants. All parties acknowledge that
these issues have been negotiated inaccordance with RCVV41.50;and
Whereas, the City and the Union agree that the provisions as set forth in this MOU do not
create a past practice and supersede any conflicting provisions in any Collective Bargaining
Agreement (hereinafter "CBA") covering the issues contained in this MOU.
the City and the Union agree that upon execution ofthis K8C)U.the following
conditions apply:
1. Current corrections sergeants are eligible for|nmenbvmoofn|lovva:
a. Corrections officers employed on the date this MOU is will receive a $2000
retention incentive to be paid on their first paycheck following execution of the
repayment contract in 1(b).
b. To be eligible for this incentive, the employee must sign a repayment contract
whereby they agree to repay, on a pro -rated basis, any paid incentive if they
leave employment within the first two years.
Executed this day ofJanuary, 2D23.
City ofYakima:
�
Bob Harrison
City Manager
CITY CONTRACT NO:
RESOLUTION NO: -
For the Union:
Leonard J.Crouch