HomeMy WebLinkAboutR-2019-114 2020-2023 Collective Bargaining Agreement / AFSCME (1122)A RESOLUTION
RESOLUTION NO. R-2019-114
authorizing a collective bargaining agreement with the American Federation
of State, County and Municipal Employees (AFSCME) Local 1122
representing the Transit Employee Bargaining unit for January 1, 2020 -
December 31, 2023
WHEREAS, pursuant to Washington State law, the City and AFSCME Local 1122 have
engaged in negotiations resulting in the attached collective bargaining agreement for the
Transit Employee Unit for January 1, 2020 - December 31, 2023, and
WHEREAS, the AFSCME Local 1122 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
AFSCME Local 1122 representing the Transit Employee Bargaining unit 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 3rd day of December 2019
2020 — 2023
COLLECTIVE BARGAINING AGREEMENT
Between
City of Yakima, Washington
And
Council 2
Washington State Council of County and City Employees
Representing
Local 1122
Uniformed Transit Employees
American Federation of State County and Municipal
Employees, AFL-CIO
Effective
January 1, 2020 through December 31, 2023
AFSCME Local 1122 —Transit 2016-2019 Final
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION OF UNION BARGAINING UNIT 4
ARTICLE 2 - UNION MEMBERSHIP 4
ARTICLE 3 - COLLECTIVE BARGAINING 5
ARTICLE 4 - PUBLIC DISCLOSURE 6
ARTICLE 5 - CODE PROVISIONS 6
ARTICLE 6 - UNION CONSTITUTION AND BYLAWS 7
ARTICLE 7 - BUSINESS LEAVE 7
ARTICLE 8- EMPLOYEE RIGHTS 8
ARTICLE 9 -MANAGEMENT RIGHTS 9
ARTICLE 10 - LABOR MANAGEMENT COMMITTEE 10
ARTICLE 11 - CONTRACTING WORK 11
ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED 11
ARTICLE 13 - REDUCTION IN FORCE 11
ARTICLE14 - GRIEVANCE PROCEDURE 12
ARTICLE 15 - EQUAL OPPORTUNITY CLAUSE 15
ARTICLE 16 - SALARIES AND DEFERRED COMPENSATION 15
ARTICLE 17 - LONGEVITY 16
ARTICLE 18 - SHIFT DIFFERENTIAL 16
ARTICLE 19- OVERTIME AND CALL OUT 17
ARTICLE 20 - STANDBY PAY 19
ARTICLE 21 - BILINGUAL PAY 19
ARTICLE 22 - HEALTH CARE 20
ARTICLE 23 - HEALTH HAZARDS 21
ARTICLE 24 - LIFE INSURANCE 22
ARTICLE 25 - HOLIDAYS 22
ARTICLE 26 - VACATION 24
ARTICLE 27 - SICK LEAVE 25
ARTICLE 28 - BEREAVEMENT LEAVE 28
ARTICLE 29 - SENIORITY 29
ARTICLE 30 -CHANGE OF WORK STATUS 30
ARTICLE 31 -WORK WEEK PROVISIONS 31
ARTICLE 32 - EXTRA BOARD TRANSIT OPERATOR 38
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ARTICLE 33 - TRADING WORK 39
ARTICLE 34 - "ROADEO" 39
ARTICLE 35- ENTIRE AGREEMENT .39
ARTICLE 36 - SAVINGS CLAUSE . ... .. 39
ARTICLE 37 -TERMINATION ......... .. 40
ARTICLE 38 — EXECUTION ..... 40
Appendix A.... . 42
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PREAMBLE
This Agreement made and entered into by and between the City of Yakima, Washington,
hereinafter called the Employer and Council 2, Washington State Council of County and City
Employees, representing Local 1122, Bargaining Unit, Uniformed Transit Employees, 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 matters concerning their employment
relations with public employers, and
WHEREAS, the parties to this agreement recognize that benefits accrue to Union
employees of the City by virtue of union membership, and that the best interests of the citizens of
the City of Yakima are served by the City's official recognition of the Union
NOW, THEREFORE, pursuant to Chapter 41 56 of the Revised Code of Washington, and
in accordance with the intent and purpose thereof, and for the purpose of promoting the morale,
wellbeing and security of the Union employees of the City, and for the purpose of promoting the
general efficiency of the government of the City of Yakima, the parties hereto agree as follows
1.1
ARTICLE 1 - RECOGNITION OF UNION BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of the bargaining
unit consisting of all permanent Regular and Extra board Transit Operators, Transit
Dispatchers, Transit Service Workers, the Transit Project Planner, the Transit Route
Supervisor, Transit Operation Specialist, the Transit Office Assistant, Transit DA II, Transit
Vehicle Cleaner, and the Marketing/Program Administrator
1.2 In accordance with RCW 41 56 050 through RCW 41 56 080, an application for
certification as exclusive bargaining representative for an appropriate unit may be filed
with the Public Employment Relations Commission during a period of not more than ninety
(90) days nor less than sixty (60) days prior to the expiration date of this agreement.
ARTICLE 2 - UNION MEMBERSHIP
2.1 Union Membership:
2 1 Transit employees listed above may become or remain a member of the Union.
The Union will be given a minimum of thirty (30) minutes to provide Union education to
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new employees within their first month of employment. Attendance by employee is
optional The education is designed to give the employee a more complete explanation
of all of the benefits of Union membership.
2.2 Payroll Deductions:
The City agrees to deduct Union fees, dues and other assessments by the Union against
its members within the bargaining unit from the pay of employees who authorize the City
to do so, which authorization shall be in writing and signed by each person authorizing
such deductions, and filed with the City The Union shall notify the Employer's Finance
Director, Payroll Officer, or their designee 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, PO Box 750, Everett, Washington, 98206-0750, the aggregate of such
deductions, together with an itemized statement, on or before the 20th day of each month
following the month for which deductions are made The itemized statement shall include.
Name, address, job classification, department, hours worked, monthly gross wage and
amount of dues
The City agrees to honor the conditions set forth in the authorization for payroll deduction
regardless of the employee's continued membership in the Union until such time the Union
notifies the Employer that the dues authorization has been properly terminated
The Union agrees to defend, indemnify and hold harmless the City for any loss or damage
arising from the operation of this Article knowingly caused by the Union. It is also agreed
that neither any employee nor the Union shall have any claim against the City for any
deductions made or not made unless a claim of error is made in writing to the City within
forty-five (45) calendar days after the date such deductions were or should have been
made
2.3 Union Insignia:
Employees who are members of the Union, and in good standing, shall be permitted,
with the mutual agreement of Transit management, to wear while on duty, the standard
type of Union pin prescribed by their State or International organization.
ARTICLE 3 - COLLECTIVE BARGAINING
3.1 Bargaining Teams:
Collective bargaining between the parties shall be carried out by the City Manager or
his/her designee, the City Human Resources Manager or his/her designee, the Union Staff
Representative, the Union President, and four (4) additional members from each party
No additional representatives for either party shall be allowed without the consent of the
other party The Union Staff Representative and the City Manager shall exchange in
writing the names of the person or persons representing the respective parties for
collective bargaining purposes prior to the first bargaining session
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3.2 Wages Hours and Working Conditions:
Where negotiable matters pertaining to wages, hours and working conditions are fixed by
various City ordinances, the City Manager shall give notice to the Secretary of the Union
with a copy to the Staff Representative of any proposed enactment or repeal of, or any
amendments to, any such ordinance applicable to members of the bargaining unit. Such
notice shall be given no less than ten (10) days prior to the first meeting of the City Council
where such ordinance is considered, and shall be in writing and contain a copy of the
ordinance proposed to be enacted or of the proposed amendment, or shall refer by code
number to any ordinance proposed to be repealed No ordinance affecting wages, hours
or working conditions of members of the bargaining unit shall be enacted by the City
Council unless mutually agreed upon between the City Manager (or designee) and the
collective bargaining committee of the Union
3.3 Negotiations Timetable:
Prior to the termination of this CBA, the Union and the City shall exchange written
proposals for any changes in negotiable matters pertaining to wages, hours and working
conditions sought for the subsequent year(s) Thereafter, negotiations shall be governed
by RCW 41 56
ARTICLE 4 - PUBLIC DISCLOSURE
Neither party shall independently issue releases to any news media nor otherwise make public
disclosure during Pre -Mediation negotiations as the parties work towards a collective bargaining
agreement, unless required by law
ARTICLE 5 - CODE PROVISIONS
The following sections of the Yakima Municipal Code (current or as amended by Council) are
hereby incorporated by reference and made a part of this Agreement. All sections listed shall
be in accord with the terms of this Agreement and in the event of a conflict the terms of the
Agreement shall prevail
Section 2 20 010 - Persons Subject to Plan
Section 2 20 020 - Content of Plan
Section 2 20 040 - Policy for Pay Steps
Section 2 20 050 - Policy for Present Employees, Subsection A.
Section 2 20 060 -Transfer, Promotion, Reclassification, Demotion, or
Reinstatement of Employees
Section 2 20 070 - Reduction of Salary
Section 2 20 085 — Reimbursement for Expenditures, Subsection 5
Section 2 20 088 - Special Assignment Pay
Section 2 20 100 - Classification Plan
Section 2 24 010 - Longevity Plan- Eligibility- Restrictions, Subsections A, C, D
Section 2 40 020 - Vacation Leave, Subsection A and Subsections C
Section 2 40 030 - Sick Leave, Sections A, B, C, D, E
Section 2 40 060 - Leave Without Pay
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Section 2 40 070 -
Section 2 40 080
Section 2 40 100
Section 2 40 110
Unauthorized Absences
- Holidays with Pay, Subsections A, B, C, D, E, F, G, H, K.
- Overtime Pay; Subsections A (4), B, C, D, E
- Sick Leave Transfer
ARTICLE 6 - UNION CONSTITUTION AND BYLAWS
Upon request of the City Manager or his or her designee, the Union shall promptly furnish to the
City Manager a current copy of the constitution, bylaws and any other rules or regulations of the
Union, including any revisions thereto
ARTICLE 7 - BUSINESS LEAVE
7.1 Members representing the Union, not exceeding four (4) in number, shall be paid at the
applicable rate of pay for actual time spent for all meetings between the City and the Union
for the purpose of negotiating wages, hours and working conditions, terms of this
agreement, or for processing grievances When such meetings take place at a time during
which any such members are scheduled to be on duty, they shall be granted leave from
duty without any loss of pay Actual time spent for meetings shall be limited to the time
spent in the meetings
All time used for Union duties/business that occurs during work time must be recorded
and approved in the City's time and attendance program via leave request with
appropriate coding
7.2 Business Leaves:
Such officers and members of the Union may be designated by the Union, not to exceed
four (4) in number at any one time shall be granted leave from duty with pay for Union
business, such as but not limited to attending labor conventions and educational
conferences, collective bargaining preparations and civil service, provided that notice of
such conventions or conferences shall be requested and approved by the Department
Head, and provided further that the total leave for the bargaining unit for the purpose set
forth in this section shall not exceed one hundred thirty-five (135) hours in any fiscal year
7.3 Shop Stewards:
Shop stewards shall be allowed up to one (1) hour per month with pay to attend shop
stewards meeting(s) conducted during the steward's work shift. The number of shop
stewards in the bargaining unit shall be determined by a ratio of one (1) steward per twenty
(20) members in the bargaining unit. The Union shall keep the City notified of the current
shop stewards and Local Union Officers.
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ARTICLE 8- EMPLOYEE RIGHTS
8.1 Personnel Files:
Employees shall have the right, upon request, to inspect their personnel file No material
referring to an employee's job competence or conduct shall be placed in the file without
the employee's knowledge and the opportunity to attach his or her comments A copy of
any entry pertaining to job competence or conduct will be given to the employee
8.2 Performance Evaluations:
The initial discussion regarding a probationary, special or annual performance evaluation
shall take place solely between an employee and his or her immediate rating supervisor
Thereafter an employee may be accompanied by a Union representative where job
conduct or said performance evaluation is reviewed in a conference with management.
On-the-job discussions between employee(s) and supervisor(s) regarding job duties,
assignments, and/or performance shall not be considered disciplinary action and shall not
be subject to this provision Appeals of performance evaluations shall be made in
accordance with the Charter Civil Service Commission's Rules and Regulations and shall
not be subject to the grievance procedure
8.3 Off -Duty Actions:
Except as otherwise provided in state, federal, and local law, the City Charter, or the
Charter Civil Service Rules and Regulations, off -duty activities of an employee shall not
be cause for disciplinary action unless such activity is detrimental to the employee's
performance on the job
8.4 Work Rules:
A) 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 a memorandum), notification
shall also be submitted to the Union Staff Representative and/or Union President.
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
B) 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
C) 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
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8.5 Safety and Health Committee:
The City agrees to maintain a Safety and Health Committee in accordance with state law.
Such committee shall receive and investigate complaints of unsafe or unhealthy working
conditions and shall recommend appropriate remedies to the City Unresolved complaints
of violations of Washington Industrial Safety and Health laws may be referred to the
Washington State Department of Labor and Industries, Industrial Safety Division, for
investigation
8.6 Union Participation:
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
8.7 Probationary Period:
The probationary period for promotions to all bargaining unit positions shall be six (6)
months The probationary period for new hires to all bargaining unit positions shall be
twelve (12) months, provided that probationary employees may use vacation leave and
are eligible for step increases after six (6) months of employment, subject to and in
accordance with all other rules, policies, the Yakima Municipal Code, and this CBA.
ARTICLE 9 -MANAGEMENT RIGHTS
9.1 Except as specifically abridged, granted, delegated or modified by this Agreement,
including amendments, the City retains all legal and inherent exclusive rights with respect
to matters of legislative and managerial policy. Furthermore, the City reserves all
customary management prerogatives including, but not limited to, the right to
A) Establish, plan for, and direct the work force toward the organizational goals of the
municipal government.
B) Determine the organization, and the merits, necessity and level of activity or
service provided to the public
C) Determine the City budget and financial policies including accounting procedures
D) Establish, regulate and administer a personnel system, in conformity with the City
Charter and Civil Service Rules and Regulations, which provides for all types of
personnel transactions including determining the procedures and standards for
hiring, promotion, transfer, assignment, lay off, discipline, retention and
classification of positions
E) Discipline or discharge of employees for cause as provided by the General Rules
and Regulations of the City's Charter Civil Service Commission and in conformity
with this Agreement.
F) Determine the methods, means, equipment, numbers and kinds of personnel, work
locations and the job or position content required to accomplish governmental
operations and maintain the efficiency thereof
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G) Determine and change the number and locations and types of operations,
processes and materials to be used in carrying out all City functions
H) Assign work to and schedule employees in accordance with Civil Service
classifications and position descriptions, and to establish and change work
schedules in accordance with Article 33 - Work Week Provisions
I) Relieve any employees from duty due to lack of work or insufficient funds
J) Take all actions necessary to carry out the mission of the City in emergencies
9.2 The above -cited management rights are not to be interpreted as being all-inclusive, but
merely indicate the type of rights which belong to the City It is understood that any of the
rights, power and authority the City had prior to the signing of this Agreement are retained
by the City
9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or
discriminatory exercise of any of the Management Rights specified herein above, or any
other claimed prerogative may seek their remedy by the grievance procedure provided in
the Agreement.
ARTICLE 10 - LABOR MANAGEMENT COMMITTEE
10.1 Intent:
The City and the Union shall cooperate to provide the public with efficient and courteous
service, encourage good attendance of employees, and promote a climate of labor
relations that will aid in achieving a high level of efficiency and productivity in all
departments of City government
10.2 Makeup:
In order to accomplish these goals, a Labor -Management Committee shall be
established consisting of three (3) Union members chosen by the Union, the Union Staff
Representative, the City Manager or his/her designee, and three (3) individuals selected
by the City Manager
10.3 Time Frame:
The Labor -Management Committee shall schedule meetings at mutually agreeable
times
10.4 Agenda:
In order to maintain flexibility and productivity, the agenda for each Labor- Management
Meeting may be discussed and mutually agreed upon by the Labor -Management
Committee during the prior meeting Otherwise, it is understood that the Labor -
Management Committee will meet to address Transit policy and procedure Labor -
Management meetings will also provide opportunity to discuss route related issues and
concerns
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10.5 Resolution:
Should the Labor/Management process result in a proposed change in wages, hours, and
working conditions, the parties may pursue amendment of this Agreement in accordance
with Article 37 of this Agreement.
ARTICLE 11 - CONTRACTING WORK
The City retains the right to contract work as deemed desirable or necessary by the City and
reassign employees who might otherwise be laid off as a result thereof The City further retains
the right to lay off employees at the discretion of the City, due to lack of funds in accordance with
Charter Civil Service Rules
ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED
12.1 Strikes:
The Union shall neither cause, encourage nor counsel employees within the bargaining
unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee
or employees to directly or indirectly commit any concerted acts of work stoppage,
slowdown or refusal to perform any customarily assigned duties, provided, however, in the
event the laws of the State of Washington should be changed so as to allow the right to
strike, or to substitute therefore any other right in its place, this Agreement shall be
construed so as to allow the Union to exercise any such right that is hereafter provided by
law or change of law, and the parties to this Agreement hereby agree to be bound by the
terms of any such law or change of law
12.2 Lockouts:
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 or her duties because equipment or facilities are not available due to a
strike, work stoppage or slowdown by any other employees, such inability to provide work
shall not be deemed a lockout.
ARTICLE 13 - REDUCTION IN FORCE
Any reduction in force shall be accomplished in accordance with reduction in force procedures
set forth in the Charter Civil Service Rules and Regulations In the event that it becomes
necessary to amend the reduction in force procedure in the Civil Service Rules, the City and the
Union shall cooperate to develop reduction in force procedures which shall be mutually
acceptable for submission to the Civil Service Commission
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ARTICLEI4 - GRIEVANCE PROCEDURE
14.1 Policy:
The parties recognize that the most effective accomplishment of the work of the City
requires prompt consideration and equitable adjustments of employee grievances It is
the desire of the parties to adjust grievances informally whenever possible, and both
supervisors and employees are expected to make every effort to resolve problems as they
arise However, it is recognized that there may be grievances which can be resolved only
after a formal review 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
14.2 Remedies:
The Union may either grieve matters according to this Article or the Union may appeal to
the City of Yakima Charter Civil Service Commission according to the Commission's Rules
and Regulations However, the Union may not exercise both approaches but must choose
one or other
14.3 Definitions:
A) A "grievance" is a dispute concerning the interpretation, application, or alleged
violation of any provision of this Agreement.
B) The term "employee" as used in this Article means a permanent or probationary
employee who is a member in good standing of the bargaining unit or group of
such employees, accompanied by a representative if so desired
14.4 Special Provisions:
A) The aggrieved party and his or her chosen representative shall be granted time off
without loss of pay for the purpose of processing a grievance in accordance with
Article 7 - Business Leave of this Agreement. 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
B) Grievances on behalf of one or more employees may be initiated or pursued
without the employees' consent.
C) 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
D) 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
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both parties involved at the step to be extended 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
14.5 Procedure:
To be reviewable under this procedure, a Union grievance must be filed in writing within
thirty (30) calendar days after the action or decision giving rise to the grievance and must
comply with the following
A) Be filed on an AFSCME Form F-29
B) Identify the facts and circumstances relating to the alleged misapplication,
misinterpretation, or violation of a specific provision of this labor agreement.
C) Specify the relief sought.
14.6 Step 1 - Informal Discussion with Immediate Supervisor:
Prior to filing a written grievance as described in Step 2 below, the employee shall meet
with his or her immediate supervisor to discuss the subject of dispute If the subject of
dispute is discipline greater than a verbal reprimand, the employee shall skip Step 1 and
proceed directly to Step 2. If the subject of dispute is the immediate supervisor, the
employee shall meet with his/her Division Manager to discuss the subject of dispute After
such a meeting, the immediate supervisor or Division Manager, as the case may be, shall
investigate the relevant facts and circumstances of the grievance and provide a written
decision within fifteen (15) calendar days
14.7 Step 2 - Written Grievance to Division Manager:
The affected employee shall pose the question of the grievance in writing to his or her
Division Manager within thirty (30) calendar days of the action or decision giving rise to
the grievance The Division Manager shall make a separate investigation and notify the
employee in writing of his or her decision, and the reasons therefore, within thirty (30)
calendar days after receipt of the employee's grievance
14.8 Step 3 - Written Grievance to Department Head:
If the employee is dissatisfied with the decision of his Division Manager, the employee
may submit the grievance in writing to the Department Head within thirty (30) calendar
days after receipt of the Division Manager's decision The Department Head shall make
a separate investigation and notify the employee in writing of his or her decision, and the
reasons therefore, within thirty (30) calendar days after receipt of the employee's
grievance
14.9 Step 4 - Written Grievance to City Manager:
If the employee is dissatisfied with the decision of the Department Head, the employee
may obtain a review by the City Manager by submitting a written request to the City
Manager within thirty (30) calendar days after receipt of the Department Head's decision.
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The City Manager or his designee shall make such investigation and shall, within thirty
(30) calendar days after receipt of the employee's request for review, inform the employee
in writing of the City Manager's findings and decision
14.10 Grievance Filed By the City:
Any grievance by the City against the Union shall be reduced to writing and submitted, no
later than thirty (30) calendar days after having been made reasonably aware of the issue,
to the President of the Union Local with a copy to the Staff Representative The Union
President shall investigate the relevant facts and shall, within thirty (30) calendar days,
provide a written decision, and the reasons therefore If the matter is not satisfactorily
settled, an appeal may be instituted as set forth in 14 11 below
14.11 Step 5 - Final Resolution of Grievance Disputes:
Either party to this Agreement may refer unsettled grievances to Arbitration
A) A request for Arbitration shall be in writing and shall be submitted to the other
party not more than thirty (30) calendar days after the reply of the City Manager,
or the Union President as applies, or their designee, unless the time shall be
extended by written mutual agreement. Such request shall identify the previously
filed grievance which is the basis for the request for Arbitration and shall set forth
the issue which the party making the request seeks to resolve
B) The Arbitrator may be selected by mutual agreement between the City Manager
and the Union Alternatively, the parties may mutually request a list of eleven (11)
arbitrators from Public Employment Relations Commission (PERC), American
Arbitration Association (AAA), or Federal Mediation and Conciliation Services
(FMCS) In the event the parties cannot agree on which agency to request a list
from within fifteen (15) calendar days of the request for arbitration, the parties must
request a list of eleven (11) arbitrators from PERC Within a reasonable period of
time from the receipt of the list the parties shall alternately strike names from the
list until one (1) name remains, who shall serve as arbitrator The party to strike
the first name shall be determined by a coin flip
C) The Arbitrator shall be limited to determining whether the City or the Union has
violated or failed to apply properly the terms and conditions of this Agreement The
Arbitrator shall have no power to destroy, change, delete from or add to the terms
of this Agreement.
D) PERC rules and procedures shall govern the arbitration hearing
E) The parties agree that the decision of the Arbitrator shall be final and binding and
implemented within a reasonable time following the rendering of the decision
F) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcripts
shall be shared equally by the parties Each party shall bear the remaining costs
of the preparation and presentation of its own case, including attorneys' fees,
regardless of the outcome
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ARTICLE 15 - 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, and the "Americans with Disabilities Act" (ADA) of 1991, it is the
policy of the City of Yakima and the Union to not discriminate against any employee or applicant
for employment because of race, color, religion, age, sex, national origin, marital status or
disability
ARTICLE 16 - SALARIES AND DEFERRED COMPENSATION
16.1 Wages:
• 1/1/2020 2.25(Yo of base pay increase
• 1/1/2021 2 25% of base pay increase
• 1/1/2022 2 25 % of base pay increase
• 1/1/2023 2 25% of base pay increase
Catch -Up Provision for Transit Operators & Dispatchers Only
• 1/1/2020 1 5% of base pay increase
• 1/1/2021 1 25% of base pay increase
• 1/1/2022 1 0% of base pay increase
• 1/1/2023 1 0% of base pay increase
16.2 Direct Deposit:
The parties recognize that Direct Deposit is the most effective way of banking All
employees shall be able to participate in direct deposit at their own financial institution that
offers this service
16.3 Deferred Compensation:
Each bargaining unit member shall be paid, in accordance to that employee's monthly
salary, deferred earned compensation each month in an amount equal to a percentage of
said monthly salary as provided below The deferred compensation contribution is
separate pay and is not part of base monthly salary as codified in the Yakima Municipal
Code Pay and Compensation Ordinance 2 20 11 0
This provision is subject to the City's deferred compensation rules and regulations and
IRS regulations The computation of retirement contributions and pension benefits shall
be governed by application state law
A) The City will contribute three percent (3%) of each employee's base monthly salary
to a deferred compensation plan.
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ARTICLE 17 - LONGEVITY
17.1 Longevity:
Longevity Compensation shall be in accordance with Yakima Municipal Code Section
2 24 010A as may be subsequently amended
A) All permanent employees shall accrue longevity as follows
Longevity Compensation
Percentage of
Years of Service
Base Pay
At least 60 months and less than 120 months 1 75%
At least 120 months and less than 180 months 3 5%
At least 180 months and less than 240 months 5 0%
At least 240 months and less than 300 months 6 5%
At least 300 months and less than 360 months 8 0%
At least 360 months or more 10 0%
B) Accruals shall be prorated per month on actual hours in pay status for extra
board employees
ARTICLE 18 - SHIFT DIFFERENTIAL
18.1 After Hours:
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 six percent (6%) per hour over base pay
will be paid for all hours worked within the stipulated period to the nearest one-half (I/2)
hour
18.2 Split Shift:
A) Transit Employees who work a split shift shall receive six percent (6%) shift
differential for fifty percent (50%) of the hours worked on any split work day, up to
twenty (20) hours per week.
B) Transit Employees who work a five (5) day work week and have one (1) weekday
off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week.
C) Transit Employees who work a four (4) day work week and have two (2) weekdays
off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week.
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D) Shift differential shall be limited to thirty (30) hours per week for employees who
meet the requirements of (A & B) or (A & C)
18.3 Extra Board transit operator:
Extra Board transit operators shall receive shift differential pay as follows
A) For hours worked before 6 00 a m and after 6 00 p m
B) For the same hours of whoever's complete regularly scheduled full-time shift they
fill
C) For partial shifts pieced together, with an unpaid time lapse of thirty (30) minutes
or greater shift differential shall be paid for fifty percent (50%) of the total hours
worked that day, rounded up to the nearest one-half (1/2) hour
D) For all additional hours worked before or after a straight eight to eight and one-half
(8 0 — 8 5) or ten to ten and one-half (10.0 to 10 25) hour shift, provided that there
is an unpaid time lapse of thirty (30) minutes or greater
E) When working a regularly scheduled split shift, no additional compensation shall
be paid for extra hours worked during that day
ARTICLE 19- OVERTIME AND CALL OUT
19.1 Employees who are required to work more than forty (40) hours in any work week shall be
paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess of
forty (40) hours per week. However, compensatory time off at the time and one-half rate
(1-1/2) in -lieu of overtime pay may be requested by the affected employee In that case,
compensatory time may be taken at such time as is agreed upon by the Employer and the
employee, but may not be imposed by the Employer upon any employee who has not so
requested such compensatory time off
19.2 Compensatory time off may be accrued to a maximum of sixty (60) hours Compensatory
time must be taken prior to the use of accrued vacation leave until the compensatory time
balance is forty (40) hours or less
The City Manager has the authority to authorize additional accrual because of an
emergency or other unusual circumstance
19.3 Employees may accept any shift(s), and or shift piece(s) of available overtime by seniority
No shift shall be split more than once unless circumstances require for uninterrupted
service
19.4 Time spent by an employee beyond the normal working day for job -related training classes
business and/or safety meetings approved by the Division Manager shall be considered
time worked for calculation of overtime pay/compensatory time The employee must
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attend the training class or safety meeting in its entirety in order to be compensated for
attending
19.5 Authorized travel time spent in the performance of the job shall be considered time worked
for the calculation of overtime pay
19.6 Due to the nature of work performed by bargaining unit employees, the Union and the City
agree that in the event an employee works beyond his or her regular shift quitting time,
that employee shall not have any meal penod(s) otherwise required by law
19.7 Mandatory Overtime:
When Yakima Transit does not have the necessary number of Operators to efficiently
operate the transit system, Yakima Transit management may assign mandatory
overtime Mandatory overtime will be assigned from the least senior Operator to the
most senior Operator
19.8 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 ensure the employee obtains a meal at the
Employer's expense
19.9
CaII Out Pay:
Regular Operators
A) A minimum of two (2) hours pay at the time and one-half (1-1 /2) rate will be paid
to an employee as follows
1. Who is requested to return to work at the completion of his or her shift and
has already clocked out on timekeeping system or, is called to return to
work after leaving the work site or
2. Is called to report to work prior to the start of his or her shift, or
3. Is called into work on a day off
B) Call out time is counted from the time the employee begins work until the employee
is released from the workplace Any time worked in excess of the two (2) hours
shall be paid at the time and one half rate (1-1/2)
19.10 Dispatcher Overtime:
Permanent Dispatchers shall be offered any available overtime on a seniority basis among
the permanent Dispatchers If the permanent Dispatchers are not available to work
overtime, the work will be offered to other qualified permanent employees on a seniority
basis.
19.11 Extra board transit operator Overtime:
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An Extra board transit operator will be eligible to receive overtime payments in accordance
with Article 20 — Overtime & Call Out if they work more than forty (40) hours in any work
week. No overtime compensation will be paid to an employee who exceeds the regularly
scheduled work day unless such work causes the employee to work more than forty (40)
hours in the work week, including job -related training classes, business and/or safety
meetings approved by the Division Manager The employee must attend the training class
or safety meeting in its entirety
ARTICLE 20 - STANDBY PAY
20.1 The determination of the need for an assignment of standby time is a responsibility of
Management. Standby assignments are considered open work and will be bid and/or
assigned by seniority.
20.2 Compensation for assigned standby time will be four dollars ($4 00) per hour
20.3 Employees on assigned standby time are required to maintain the same physical and
mental capacity that is required during regular scheduled work hours and are to be
reachable if called
ARTICLE 21 - BILINGUAL PAY
Bilingual/Biliterate compensation is subject to prior written approval the employees
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 or designee Once
certified and compensated for the bilingual and/or biliterate special pay the employee can
only stop providing the service if the Department Head determines the skill is no longer
needed
A. Employees who have Spanish/English bilingual capacity shall receive 3% of their
base pay per month for their work in that capacity
B Employees who have Spanish/English biliterate capacity shall receive 2% of their
base pay per month for their work in that capacity
C
Employees who have capacity for American Sign Language (ASL) and have achieved a
passing score on a skills examination administered by the Civil Service Chief Examiner or
designee shall receive 3% of their base pay per month for their work in that capacity
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ARTICLE 22 - HEALTH CARE
22.1 Availability:
Employees shall participate in the City of Yakima Employees' Health Care Plan Eligible
dependents and retirees may also participate in the Plan Eligibility rules, types and levels
of benefits, payment of premiums through a cafeteria plan, co -payments, 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 Premium base rates shall be determined annually by the applicable broker of
record
22.2 Employee Only Medical/Vision Coverage:
The City shall pay one hundred percent (100%) of monthly employee only medical/vision
premiums
22.3 Dependent Medical/Vision Coverage:
For employees who enroll one or more dependents in the healthcare plans, the monthly
dependent unit premium costs shall be borne as follows
1. Fifty percent (50%) shall be paid by the participating employee
2. Fifty percent (50%) shall be paid by the City
Any increase or decrease in the total premium cost shall be shared between the
employer and employee on a fifty-fifty percent (50/50%) basis for all benefit
categories except employee only, which will remain fully covered by the employer
22.4 Dental Insurance Coverage:
The City shall pay the premium for employee and dependent family dental insurance
22.5 Retiree Coverage:
A) Upon payment of the full premium as required in 23 5(D), herein, retirees may elect
to remain in the group health care plan until they reach age 65
B) Spouses of retirees may remain in the group health care plan until they reach age
65 or, in the case of spouses of deceased retirees, until they reach age 65 or
remarry, whichever occurs first.
C) Other dependents of retirees may remain in the group health care plan as long as
they remain eligible under the provisions of the plan and until coverage for the
retiree and spouse, or, the spouse of a deceased retiree terminates, at which time
such dependent insurance coverage ceases regardless of the age of the
dependents
D) Retirees, or spouses of deceased retirees, shall pay the full premium (including
dependents if enrolled) which shall be the same as the normal group rate assessed
for coverage of active City employees and dependents as applicable Premiums
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shall be paid by deduction from retirement checks paid to retired employees or
their beneficiary
22.6 Wellness Committee:
A representative from this bargaining unit will be appointed to the Wellness Committee
The Committee will discuss such topics as heart life programs and physical exam
coverage
22.7 Employee Welfare Benefit Board:
A) The Union will select voting and non -voting members to serve on the City of
Yakima Employees' Welfare Benefit Board (hereinafter referred to as the Board)
according to Article III of the City of Yakima Employees' Welfare Benefit Program
B) The purpose of the Board shall be to study and become informed regarding health
insurance programs including the City's modified self -funded program, to identify
perceived and real problems, and make recommendations to the City and the
Union on ways to improve and enhance in an economical fashion the health
insurance program
C) To enable the Board to become knowledgeable and to make reasonable and
objective recommendations for change, the City agrees to the following
1. The City will provide complete and open disclosure of information
necessary for the Board to complete its duties within the confines
of the law and concerns for medical confidentiality
2. Any member(s) of the Board who for any reason steps down as a
Board member, shall be replaced by the selection process outlined
in Article III of the City of Yakima Employees' Welfare Benefit
Program
22.8 Right of Withdrawal:
The Union shall continue to have the right to withdraw from the City of Yakima Employees'
Welfare Benefit Program by notifying the City in writing six (6) months in advance
ARTICLE 23 - HEALTH HAZARDS
INOCULATIONS & CERTIFICATIONS
23.1 For employees who are exposed to health hazards by direct contact with raw sewage,
industrial waste, human waste, or animal waste, the City will arrange and provide for
inoculations or vaccines recommended by the Washington State Department of Health
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23.2 The City of Yakima will pay required fees for any license/certificate required by the City as
a condition of continued employment, provided however, that reinstatement costs that are
the employee's fault shall be paid by that employee
A) Employees may elect to renew their Commercial Driver's License (CDL) medical
certification through their regular attending physician at their own expense or at
the medical clinic authorized by the City at the City's expense
B) The employee will sign a waiver agreeing to hold the City harmless to liability if
they purposely misrepresent or do not accurately disclose medical conditions to
their physician during the CDL medical certification process The employee and
physician waivers are incorporated into this Agreement as Appendix A.
23.4 Bargaining unit members may be reimbursed up to $100 00 per year for work -appropriate
footwear purchased through an approved vendor
ARTICLE 24 - LIFE INSURANCE
24.1 The City shall provide life insurance for bargaining unit members with a face value of One
Hundred Thousand Dollars ($100,000) per member The life insurance premium shall be
paid in full by the City
The amount of Life and Accidental Death and Dismemberment Insurance reduces
to sixty-five percent (65%) when you reach age 65, to fifty percent (50%) when you
reach age 70 and to thirty-five percent (35%) when you reach age 75
ARTICLE 25 - HOLIDAYS
25.1 Annual Holidays:
New Year's Day
Martin Luther King, Jr Day
Presidents' day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
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25.2 Personal Holiday:
Permanent employees shall be entitled to sixteen (16) hours of personal holiday per
calendar year. Employees who work a 4/10 schedule shall be entitled to twenty (20) hours
of personal holiday per calendar year Both are subject to the following conditions.
Personal holiday shall be limited to sixteen (16) hours for employees who work more than
eight (8) hours but less than a ten (10) hour shift, subject to the following conditions.
A) The employee has been or is scheduled to be continuously employed by the City
for more than six (6) months, and
B) The employee has given not less than fourteen (14) calendar days of written notice
to the Division Manager, provided however, the employee and the Division
manager, or their designee, may agree on an earlier day, and
C) The Division Manager or their designee, has approved the day, and
D) The day selected does not prevent the Transit Division from providing continued
public service and does not interfere with the efficient operation of the Transit
Division, and
E) The personal day must be taken during the calendar year of entitlement or the day
will lapse except when an employee has requested a personal holiday and the
request has been denied
F) Personal holiday must be used in its entirety in one single use and may not be
broken into less than an eight (8) or ten (10) hour complete shift.
25.3 General Holiday:
A) Whenever any holiday specified by State Law falls on Saturday, the preceding
Friday shall be the holiday Employees who work Friday in such case shall be paid
according to City Code Section 2 40.080, Subsection E. Whenever any holiday
specified by State law falls on Sunday, the following Monday shall be the holiday.
Employees who work Monday in such case shall be paid according to City Code
Section 2.40 080, Subsection E.
B) Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or
if a holiday falls on Sunday, the holiday shall be observed Sunday for those
employees regularly scheduled to work on Saturday or Sunday
C) Full-time employees whose regularly scheduled Friday and/or Saturday shifts are
pre-empted due to no holiday service and/or reduced holiday service shall be
compensated at pay code 10 for Friday and pay code 77 for Saturday
D) If a holiday falls on a normal day off, equivalent hours off will be granted and added
to the employee's in -lieu account.
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E) Holiday hours will be offered by seniority as defined in Article 31 - Seniority, to
permanent employees, prior to offering the open holiday work to temporary
employees, and
F) Time and one-half (1-1 /2) will be paid for the hours worked on a holiday in addition
to the employee's rate of pay At the employee's option, the premium holiday pay
shall be received or the employee may be paid at straight time with the equivalent
of one and one-half (1-1/2) days Hours of holiday compensatory time earned for
every hour worked, if, provided that on the day of the holiday the employee's
compensatory time does not exceed sixty (60) hours, then all hours of holiday
compensatory time may be earned as compensatory time If the employee's
compensatory time account exceeds sixty (60) hours, the holiday hours worked
must be taken as overtime pay If not specified here the general holiday agreement
applies
G) Employees working a 4 day/10 hour schedule shall earn ten (10) hours credit per
holiday All other provisions of this Article will continue to apply
ARTICLE 26 - VACATION
Employees shall be granted annual vacation pursuant to the following conditions.
26.1 All full time employees shall accrue vacation with pay as follows
YEARS OF SERVICE
After one (1) full year
After two (2) full years
After five (5) full years
After ten (10) full years
After fifteen (15) full years
After twenty (20) full years
ACCRUAL RATES
7 34 hours per month
(88 hours per year; 40 hours may
be taken after 6 months)
8 67 hours per month (104 hours per year)
10 67 hours per month (128 hours per year)
13 34 hours per month (160 hours per year)
15 34 hours per month (184 hours per year)
19 34 hours per month (232 hours per year)
Vacation accruals for Extra Board employees will be prorated based on the difference
between the total numbers of actual hours in pay status in the previous month versus the
total number of hours available to work in the previous month Accruals shall be adjusted
monthly
26.2 Employees shall be allowed to accrue a total amount of vacation time equal to the amount
which can be earned in two years
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26.3 Employees who become ill while on approved vacation may utilize sick leave for the period
of illness subject to the provisions of Article 28 - Sick Leave, Section 28 3 and 28 4 and
provided the employee immediately upon becoming ill notifies the Division Manager and,
upon return to work, presents the Division Manager with a physician's certificate stating
the nature of the illness and the length of the incapacity
26.4 Vacation leave cannot be used during the month of accrual.
A) A minimum of one point seven five (1 75) hours of vacation time must be
requested.
26.5 Vacation Sell -Back Program:
Employer implemented vacation sell -back program where one time per calendar year, an
employee is eligible to sell back to the City up to one-third (1/3) of their accrued vacation
leave within a twelve (12) month period (based on a calendar year) as per the City of
Yakima Municipal Code 2 40 120.
EXAMPLE:
A ten year employee accrues 13 67 hours per month at 165 hours per year 165 hours of
vacation leave at 1/3 (.333) would equal 55 hours of vacation time payable to the employee
at their current hourly rate
ARTICLE 27 - SICK LEAVE
27.1 Accrual:
Sick leave with pay is maintained as an insurance program for salary continuation during
periods of illness, and particularly extended illness as follows
A) All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours
per month for each full calendar month of the eligible employee's continuous
service with the City Said accrual shall be prorated for Extra Board employees
B) Unused sick leave shall accumulate to a maximum of 1040 hours
27.2 Use:
Sick leave cannot be used during the month of accrual
27.3 Permissible Use of Sick Leave:
Sick leave may be used in accordance with ADM 1-1250; the Family and Medical Leave
Act of 1993; ADM 1-900 and ADM 4-400.
27.4 Requirements for All Paid Sick Leave:
A) Absence Reported:
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Employees must report to the representative designated by their Division Manager
the reason for their absence as far in advance of the starting of their scheduled
work day as possible This report shall be made no later than one (1) hour before
the scheduled report time
B) Incidents Greater Than Three Days:
Employees must keep their Division Manager informed of their condition if their
absence is of more than three (3) consecutive working days in duration
C) Physician's Statement:
A statement by an employee's attending physician may be required if an absence
caused by illness or injury extends beyond three (3) consecutive working days If
a physician's statement is to be requested by the Division Manager, the employee
shall be so notified before his or her return to work.
D) Home Visits:
Employees may choose to permit home visits
E) Medical Examinations:
Employees must permit medical examinations as designated by the City, at the
expense of the City, and at the mutual convenience of the City and the employee
27.5 Enforcement of Sick Leave Provisions:
A) Failure to Comply:
Any failure to comply with the provisions of Article 28 - Sick Leave shall be grounds
for denial of sick leave with pay or other paid leave taken in lieu of sick leave for
the period of absence
B) Disciplinary Action:
Misrepresentation of any material fact in connection with paid sick leave or other
paid leave taken in lieu of sick leave by an employee shall constitute grounds for
disciplinary action
C) Oversight:
It shall be the responsibility of the Department Head or his/her designated
representative to
1. Review all sick leave or other paid leave taken in lieu of sick leave and
approve that which complies with the provisions of this Section and forward
approved time cards to the Finance Department. The Payroll Officer shall
not certify the payment of sick leave or other paid leave taken in lieu of sick
leave until the approved applications have been received, except that
employees still absent at the end of a pay period may be certified for
payment of sick leave or other paid leave taken in lieu of sick leave by the
Payroll Officer upon recommendation of the Department Head as indicated
by their signing the time sheet and subject to the receipt of an approved
application for sick leave pay or other paid leave taken in lieu of sick leave
immediately upon the employee's return to work,
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2. Investigate any suspected abuse of sick leave or other paid leave taken in
lieu of sick leave,
3. Withhold approval of sick leave pay or pay for other leave taken in lieu of
sick leave in the event of unauthorized use,
4. Initiate disciplinary action if, as a result of investigation, it is determined that
an employee has been guilty of willful misrepresentation in a request for
sick leave pay or other pay taken in lieu of sick leave pay
D) Unscheduled Sick Leave:
1. An unscheduled sick leave incident shall be defined as any continuous
period of absence due to illness or injury One absence equals one incident
regardless of the length of time of absence Any sick leave incident in
which the employee submits a statement from a health care provider
verifying the illness or injury of themselves or a family member(s) shall be
considered a scheduled absence
27.6 Sick Leave Exchange:
Any permanent employee may exchange accrued sick leave for pay or for additional leave
time as appropriate, in accordance with the options provided the employee, subject to the
following provisions.
A) Upon Retirement or Death:
Upon retirement or death the employee's accrued sick leave up to and including
840 hours will be exchanged for pay at the rate of 100% of the employee's current
base pay The maximum payment shall be $20,000
B) Upon Termination - Up to 719.99 Hours:
Upon termination under honorable conditions, as distinct from retirement or death,
the employee's accrued sick leave up to and including 719 99 hours or Tess will be
exchanged for pay at the rate of 25% of the employee's current base pay
Honorable termination includes layoff for budget reasons, as well as resignation
with at least fourteen (14) calendar days' notice The maximum payment shall be
$7,500
C) Upon Termination - 720 Hours or More:
Upon termination under honorable conditions, as distinct from retirement or death,
employees who have accrued sick leave of 720 hours or more will be exchanged
for pay at the rate of 50% of the employee's current base pay, up to a maximum of
and including 840 hours Honorable termination includes layoff for budget
reasons, as well as resignation with at least fourteen (14) calendar days' notice
The maximum payment shall be $7,500
D) Additional Vacation Days:
Employees who have accrued 720 hours or more of sick leave may exchange such
sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for
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each additional eight (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 No request to exchange sick leave for vacation will be
granted for less than thirty-two (32) hours of sick leave or eight (8) hours of pay
E) Sick Leave Exchange Procedure:
Any permanent employee may exchange accrued sick leave as provided above,
subject to the following conditions and provisions
1. A request for such an exchange shall be made to the Finance Director All
requests shall be in writing and shall be signed by the employee making
the request.
2. Requests will be accepted only during the first five (5) working days of each
month with exchanged leave to be available within fifteen (15) calendar
days of the date the request is received by the office of the Finance
Director Exceptions to the above will be made for termination, layoff or
disability retirement.
3. No exchange will be granted to an employee who has been terminated for
cause
4. In the event of layoff, exchange requests are the responsibility of the
employee
ARTICLE 28 - BEREAVEMENT LEAVE
28.1 Employees shall be granted up to and including three (3) days Bereavement Leave for
each event of a death in the immediate family of the employee Employees shall discuss
the duration of the leave with the Transit Manager or his/her designee at the onset of the
leave
A) For the intent of this CBA, the "Immediate Family" includes spouse, child (includes
biological, adopted, or foster child, stepchild, or a child to whom the employee
stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of
age or dependency status) or grandchild (includes step, adopted or natural), parent
(includes biological adoptive, de facto, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse or registered domestic partner,
or a person who stood in loco parentis when the employee was a minor child), a
registered domestic partner; grandparent, sibling (includes step, adopted or
natural), or in-laws (includes parent -in-law, son-in-law and daughter-in-law) It
does not include uncle, aunt, niece, nephew or cousin
B) The term immediate family does not include persons sharing the same general
household when the living style is primarily that of a dormitory or commune.
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C) The employee shall upon returning to work provide written documentation of the
death of the immediate family member before bereavement leave shall be paid.
This requirement may be waived by the Transit Manager or his designee
ARTICLE 29 - SENIORITY
29.1 Transit Seniority Defined:
Transit Seniority is defined as the length of time accrued in a permanent non-exempt Civil
Service Transit Classification position, subject to the provisions contained in this Article
Seniority shall be recorded as follows years and days
29.2 Transit Seniority Provisions:
A) Transit Seniority shall begin on the actual date of hire in a permanent classified
Transit status including the probationary period
B) Transit Seniority for on -call and seasonal positions shall only include the actual
time accrued in a pay status
C) Transit Seniority shall continue from one (1) classified Transit position to another
classified Transit position through transfer or promotion
D) Any and all time in a leave without pay status which is not both pre -requested and
pre -approved shall be excluded from Transit Seniority
E) Any and all time in a leave without pay status, which resulted from the employee's
failure to maintain the minimum qualifications of the position, shall be excluded
from Transit Seniority
F) Any and all time on suspension due to a sustained disciplinary action shall be
excluded from Transit Seniority
G) Employees who are separated from service due to a reduction in force shall retain
the Transit Seniority they held upon separation, however, no additional Transit
Seniority shall accrue during the period of separation should rehire occur
H) All Transit Seniority shall lapse and become void upon the expiration of the
reemployment/recall period, resignation, termination for cause, or abandonment of
position
29.3 Seniority Application:
Transit Seniority shall be applied to all matters of work assignments City of Yakima Civil
Service Seniority shall be applied to all matters of reductions in force.
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29.4 Seniority Records:
A) The Operations Supervisor with the support of the Human Resources Division shall
maintain a current record of individual Transit Seniority for each employee in the
Transit Bargaining Unit.
B) The individual Transit Seniority records shall be adjusted to reflect any periods of
exclusion from seniority, with written notification to the negatively affected
employees
C) The City shall compile from the individual records a single descending rank order
list of employees from the greatest Transit Seniority to the least seniority The list
will be available to the Union upon request.
D) The single list of Transit Seniority shall be updated prior to and posted with any
and all sign-up bids and markdown bids
E) Current copies of the Transit Seniority list shall be maintained by the Transit
Division and the Human Resources Division The City of Yakima Charter Civil
Service Commission's Seniority list will be available from the Human Resource
Manager upon request.
29.5 Separability of Service Length:
This Article sets specific parameters on the length of service for purposes of rank order
for the classified employees It is not the intent of this Article to alter the individual length
of continuous, uninterrupted service with the City which may include temporary and/or
exempt service that the employee's vacation, sick leave, longevity, retirement, and holiday
adjustments are based on
ARTICLE 30 -CHANGE OF WORK STATUS
30.1 Transit seniority as defined in Article 31 - Seniority shall govern the bidding for full-time
and Extra Board transit operator's status of quarterly sign ups, run selection, shifts, and
workweek selection by full time and extra board transit operators All permanent Transit
Operators shall bid on all scheduled runs and/or shifts by seniority
30.2 To facilitate payroll operations, full time and Extra Board transit operators will
simultaneously bid for their Extra Board status at the same time as they bid their work
schedules
30.3 Work schedule bidding shall be completed within a total time period of eighteen (18)
working days
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 30 of 42
ARTICLE 31 -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. The City will grant time off work for a minimum
of five (5) Operators per weekday, excluding sick leave and operators who are physically unable
to perform their work duties however, operators must enter their leave requests five (5) days in
advance Management shall determine the maximum number of employees off per day
Employees' schedules will conform to the provisions of this Article unless specifically modified by
an Addendum to this contract.
If the current ratio of permanent full-time to Extra board transit operators changes due to
significant modifications of service, this article may be renegotiated in accordance to Article 37 2
(Entire Agreement)
31.1 Meal and Rest Periods for Transit Operators:
A) Time recovery layovers shall not be considered in calculating rest period
compensation
B) All straight, eight (8 0) hour or more shifts shall include a total of thirty (30) minutes
of non -service rest period compensation
C) Straight shifts shall be considered as split shifts when filled by more than one (1)
employee and Section D below shall apply
D) All split, eight hour (8 0) hour or more shifts shall include fifteen (15) minutes of
non -service rest period compensation within each shift pieces. One (1) fifteen (15)
minute rest compensation period shall be before and one (1) rest compensation
period shall be after the shift split granted for each three and three-quarter (3 75)
hours of paid time
E) All open work and special operations work shall include fifteen (15) minutes of non -
service rest period compensation within each four (4) hour period of work.
F) Due to the nature of work performed by bargaining unit employees, the Union and
the City agree that employees shall not have any meal period(s) otherwise required
by law
31.2 Transit Dispatchers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day
B) Work Day:
Employees will be scheduled to a work day of eight (8 0) or ten (10) consecutive
hours within a twenty-four (24) hour period
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 31 of 42
C) Work Week:
The work week shall start on Monday and end on Sunday It shall consist of four
(4) or five (5) consecutive days, with two (2) or three (3) days off
D) Shifts:
Shifts shall be assigned by mutual agreement of the Dispatchers, however,
seniority bid shall prevail where a consensus agreement cannot be reached
E) Working Out Of Classification:
Dispatchers may stand in for Transit Operators in limited emergency situations and
break periods
F) Uniforms:
The Employer shall provide uniforms for each Dispatcher commensurate with
current Transit Division standard issue
31.3 Service Workers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day
B) Work Day:
Employees will be scheduled to a work day of eight (8) or ten (10) consecutive
hours with a one-half (1/2) hour unpaid meal period within a twenty-four (24) hour
period
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off
D) Uniforms:
The Employer shall provide service worker(s) with clean uniforms daily
E) Foul Weather Gear:
The Employer shall provide foul weather gear such as, but not limited to, coats,
boots, and gloves for the Service Worker(s)
31.4 Vehicle Cleaners:
A) Regular Hours:
The employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day
B) Work Day:
Employees will be scheduled to a work day of six (6) or more hours with a one-half
(1/2) hour unpaid meal period within a twenty-four (24) hour period
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 32 of 42
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off
D) Uniforms:
The employer shall provide vehicle cleaners with clean uniforms
E) Foul Weather Gear:
The Employer shall provide foul weather gear such as, but not limited to, coats,
boots, and gloves for the Vehicle Cleaner(s)
31.5 Community Transportation Coordinator, Transit Project Planner, Transit
Operations Specialist and Transit Office Assistant DA II:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours
B) Work Day:
Eight (8) or ten (10) consecutive hours with a minimum of a one-half (1/2) hour
unpaid meal period
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off
31.6 Transit Maintenance Crew Leader:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day
B) Work Day:
Employees will be scheduled to a work day of eight (8) or ten (10) consecutive
hours with a minimum of one-half (1/2) hour unpaid meal period
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off.
D) Uniforms:
The Employer shall provide Crew Leader(s) with clean uniforms
E) Foul Weather Gear:
The Employer shall provide foul weather gear such as, but not limited to, coats,
boots, and gloves for the Crew Leader(s).
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 33 of 42
31.7 Regular Transit Operators:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day
B) Work Day:
Employees will be scheduled to a work day of (8 0 to 8 5) or (10 0 to 10 25) hours
in a consecutive or non-consecutive hours within a twenty-four (24) period
C) Work Week:
The work week shall start on Monday and end on Sunday, and shall consist of
five (5) Consecutive or non-consecutive (8 0 to 8 5) hour days, with two (2) days
off or four (4) consecutive or non-consecutive (10 0 to 10 25) hour days with
three (3) days off
D) Uniforms:
The Employer shall provide uniforms for each regular Transit Operator
commensurate with current Transit Division standard issue
31.8 Extra Board Transit Operators:
A) Extra Board transit operators Scheduled Work:
It is recognized and expected that an Extra Board transit operator may be assigned
work to fill in while regular transit operators are absent due to vacation, illness, or
other cause, which may preclude the assignment of a specific work schedule and
therefore they may not be considered to have a regularly scheduled work shift. In
the event they have a regularly scheduled work shift, the following shall apply.
1. Scheduled Regular Hours:
The Employer shall establish each work schedule, which shall provide for
regular starting and quitting time for each work day
2. Scheduled Work Day:
Extra Board transit operator runs shall consist of a work day of (10 25)
hours or less and may be for consecutive or non-consecutive hours
3. Scheduled Work Week:
The work week shall start on Monday and end on Sunday and shall consist
of up to five (5) consecutive or non-consecutive work days The scheduled
work week shall be scheduled to meet the needs of the Transit Division
Whenever possible, Extra Board transit operators shall be assigned to a
specific work schedule not requiring split days off in a calendar week
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 34 of 42
B) Extra Board Transit Operators Open Work:
1. Open Regular Hours:
The Employer shall establish each work assignment which shall provide for
regular starting and quitting times for each work day Open work will be
offered daily by seniority It is agreed, however, that an Extra Board
Operator waves his/her daily bidding seniority for circumstances as stated
in section V below
2. Open Work Day:
Known Leave Assignment, Previous Day Before 2 00p m .
I. Full Shifts:
(a)
Extra Board transit operator may accept by seniority any full
shift that is available Refusal or "not able to contact" may
initiate the provisions agreed to in section V below
(b) Once an Extra Board transit operator accepts a full shift of
eight (8.0) or more hours, no extra hours will be offered that
day until all less senior operators have been offered a work
assignment.
II. Pieces of Open Work:
(a) An Extra Board transit operator may by seniority (except
when section V applies) accept to choose a shift piece(s) of
available open work. Open pieces of work that do not
conflict may be combined to exceed 10 hours each workday
A shift piece may be split only when needed to reach 40
hours for the week.
(b) No piece of work will be split that does not leave at least two
(2) hours available for another operator to work.
(c) In case of a piece of work getting assigned to two (2)
operators in error, the regular operator will take the run and
the extra board operator will have one of the two below listed
options
•
Assigned other work to perform equal to the original
hours for said day; or,
Perform a two (2) hour assignment and will have the
first choice of any other work that becomes available
during said day
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 35 of 42
III. Scheduled Assignments Less Than 8.0 Hours:
An Extra Board transit operator who has a regularly scheduled bid
shift of less than 8 0 hours, may accept extra work that does not
conflict which may be combined not to exceed ten and one -quarter
(10 25) hours for that workday
IV. Extra Hours:
When all available Extra Board transit operators have been offered
a work assignment and there is still open work, the most senior
available operator will be offered extra hours that could cause them
to work more than 10 25 hours in a workday
V. If an employee is unable to be contacted by Dispatch (and could
have had an assignment) or decides to pass up a full shift, or a
shift piece, they agree to waive seniority bidding opportunities and
will rotate to the least senior bidding position for five (5) calendar
days beginning the next day after the refusal day The rotation to
the least senior bidding position does not apply to those who have
been in a pay status (Sick Leave, Vacation Leave, Holiday Leave)
for 38 hours during the work week. This temporary waiver of
seniority rights shall not mitigate away from other seniority rights
as stated in Article 31 of this agreement.
3. Same Day Work Assignment:
1. Work becoming available after 2 00 p m the previous day and/or
piece(s) remaining from the previous night's assignments
II. Work is offered by following the same guidelines outlined in 2)
above to the most senior available employee who can work the
shift(s) or piece(s) without loss of service An employee who
passes up work shall rotate to the least senior bid position
III. Open work that is offered to a temporary employee shall be split to
accommodate an Extra Board transit operator who may be
available to work a portion of that shift.
4. Open Work Week:
Any open work will be split as necessary on the day of the week in which
the employee's cumulative hours total forty (40) hours (or as near 40 hours
as possible) without leaving a remaining open work piece of less than two
(2) hours
C) Call To Report:
When called to fill open work the following shall apply.
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 36 of 42
1. Accepted work report time is one (1) hour from acceptance, and regular
report rules apply
2. Arrival within the first one-half (1/2) hour after the shift starts will be paid
from the start of the shift.
3. Arrival after the first one-half (1/2) hour from the shift start time will be paid
in quarter (1/4) hour increments rounded to the previous quarter (1/4) hour
4. All Extra Board operators must submit a leave request for the day(s) they
wish not to be available (N/A) weekly, at a maximum of two (2) days per
week. N/A's cannot be scheduled prior to two (2) weeks of the proposed
N/A date Standard leave request procedures will be followed
D) Working over 40 Hours:
An Extra Board transit operator may be assigned a full shift or complete shift piece
that causes their accumulative weekly total to exceed 40 hours for the week. Such
assignment shall not exceed three-quarters (0 75) hours of overtime Such
assignment will be offered only if no other combination of shifts are available to be
worked that would give exactly 40 hours for the week.
E) Uniforms:
The Employer shall provide uniforms for each Extra Board transit operator
commensurate with current Transit Division standard issue
31.9 On Call Employees:
On Call Employees will not be scheduled for a regular set shift, but rather, will be called
to work to fill in during the absence of another employee On call employees will be entitled
to the meal and rest periods provided for in the scheduled shift for which they are filling in
31.10 Minimum and Maximum Shift:
No employee will be scheduled to a regular shift of less than two (2) consecutive hours.
No employee shall be scheduled to a regular shift of greater than ten point -two -five (10.25)
hours
31.11 Work Schedule Changes:
Any overall, long term change in work schedules will be discussed between the Employer
and the Union Staff Representative and/or Union President prior to implementation The
Employer may change the regular starting and quitting times and the days worked in a
week with five (5) work days' notice prior to the effective date of the new schedule The
five (5) work day notice may be waived upon written mutual agreement between
Management and the Union Although reasonable warning will be given whenever
possible, the five (5) work day notice provision will not be required for temporary individual
shift assignment changes which may be made only to cover for the absences of another
employee due to termination, resignation, vacations, or sick leave Other than the reasons
cited above, an employee's work shift shall not be changed to avoid payment of overtime
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 37 of 42
when an employee is called to work outside that employee's regular work shift or called to
work before the regular staring time or retained to work beyond the regular quitting time
33.9 Emergency Situations:
The Employer shall determine when an emergency situation exists In the case of
emergencies, management shall 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
Emergency fill-in assignments may not be assigned per seniority During an emergency
situation, management shall assign work in a manner that most effectively addresses the
emergency situation
33.10 Addenda Procedures:
Recognizing the diversity of the work force in the Bargaining Unit, the Union and the
Employer 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
33.14 Immediate Replacement For On Duty Employees:
In the event that a Transit Operator, Dispatcher, or other Transit personnel is to be
relieved their assigned shift due to a sudden and unexpected leave of absence, transit
management may assign the remainder of that employee's daily shift to a qualified Transit
employee, regardless of seniority The exception for assigning a shift by seniority only
applies to a shift in which the employee has reported to work, but must be immediately
replaced The exception to bypass seniority does not apply to situations in which an
employee cannot report to work before their shift begins
ARTICLE 32 - EXTRA BOARD TRANSIT OPERATOR
32.1 Telephone:
Extra Board transit operators may, as a condition of their employment, be required to have
a phone in their possession so that they may be notified if they are needed to work on a
particular day
32.2 Vacation, Sick Leave, and Holidays:
Extra Board transit operator 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, Extra Board
transit operator benefits will be initially assigned to 50%, 75%, or 100%, as determined by
the appointing authority, of the accrual rate Employees' benefit accruals will be adjusted
monthly to reflect actual benefit accrual rates Holiday and personal holiday time will be
adjusted annually
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 38 of 42
ARTICLE 33 - TRADING WORK
Employees may trade work with other employees in their same classification, within the same
work week (Monday through Sunday), as long as the wage cost to the Employer does not exceed
the wage cost had the trade not occurred Trading work will be limited to one (1) time per month
per requesting driver and a maximum of six (6) trades per year per employee total, whether they
are the requesting driver or the driver accepting the trade Once the trade is approved that now
becomes each employee's new workday for scheduling purposes The employees shall give
notice, on the official form, to the Dispatcher no later than 1 00 p m on the day prior to the earliest
affected shift.
ARTICLE 34 - "ROADEO"
The Employer will encourage the participation of employees in bus and van "ROADEOS "
ARTICLE 35- ENTIRE AGREEMENT
35.1 This Agreement constitutes the complete and entire Agreement between the parties and
neither the City nor the Union shall be bound by any requirement not specifically stated in
this Agreement or applicable Civil Service rules, provided however that this Agreement
shall be subject to such periodic modifications as may be voluntarily agreed upon in writing
by the parties during the term hereof 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 or executed in writing
35.2 The City and the Union acknowledge that each party has had ample opportunity to submit
proposals with respect to any subject or matter regarding wages, hours, and working
conditions not removed from the collective bargaining process by law and agree that all
said proposals have been negotiated during the negotiations leading to this Agreement.
The parties further agree that negotiations will not be reopened on any item during the life
of this Agreement except by the mutual consent or as provided in R.0 W. 41.56 492
ARTICLE 36 - SAVINGS CLAUSE
*
36.1 i Applicability to and Compliance with Law:
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 and 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 the effects of those mandated changes
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19
Page 39 of 42
36.2 Effects of Charter Civil Service Rule Changes:
It is understood that, should modification of the Charter Civil Service Rules and
Regulations take place during the contract period, the parties agree the CBA will be
reopened, if requested by either party, to address each modification
ARTICLE 37 -TERMINATION
This Agreement shall be deemed effective from and after the 1st day of January, 2020 and shall
terminate on December 31, 2023, 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
t f ARTICLE 38 — EXECUTION
EXECUTED THIS "l DAY OF DECEMBER, 2019
FOR THE UNION
FOR THE CITY OF YAKIMA.
Eddie Allen, Staff Representative Alexander Meyerh
WSCCCE Council 2
Local 1122 President
Joyce Iting, Local 1122 (�
Bargaining Team Member �+
Martha Torrico, Local 1122
Bargaining Team Member
Scott Schwehm, Local 1122
Bargaining Team Member
Interim City Manager
i1
AAR
Connie Mendoza
Director of Human Resources
ATTrEST//
S/nya Claar, Te
City Clerk (4 k )
CITY CONTRACT NO:
RESOLUTION NO:
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19
Page 40 of 42
Appendix A
Page 1 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Declaration
MEDICAL EXAMINER DECLARATION
The City of Yakima provides paid medical examination services to all employees who are
required to have a Commercial Driver's License endorsement as an essential function of
their job. Your patient has selected to have you, their regular physician, complete this
examination, at their own expense
I am a licensed physician in and conducted an examination of
, a patient known to me, in order to determine their
physical qualification for operating a commercial vehicle in accordance with the requirements of
49 CFR 391 41 -49
By signing below, I declare that I am familiar with the requirements and guidelines developed
by the Federal Motor Carrier Safety Regulations in making my determination of qualification, as
well as the driver's responsibilities and work environment outlined in the introductory comments
under
"The Driver's Role" to 49 CFR 391 41
I further declare that I have read and understand the "Instructions to the Medical Examiner"
section of 49 CFR 391.41 including both the General Information and Interpretation of Medical
Standards paragraphs.
Date
Signature of Physician
Printed Name of Physician
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 41 of 42
Appendix A
Page 2 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Liability Waiver
RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, AND
HOLD HARMLESS AGREEMENT
I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid Commercial
Driver's License (COL) in order to operate any commercial motor vehicle I understand that I
must be physically qualified to do so in accordance with the Physical Qualifications for Drivers
standards as set forth in 49 CFR 391 31, and must obtain a medical examiner's certificate initially
and for subsequent license renewals The City of Yakima provides paid medical examination
services for this purpose As an alternative to the City provided examination, I am electing to
utilize my regular physician for the screening and certificate at my own expense
I acknowledge my obligation to fully represent all medical information to my evaluating
physician, and to accurately disclose any medical information or condition to the physician,
requested or not, to the best of my ability
I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF
YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST OR LIABILITY
RESULTING FROM, OR RELATED TO, ANY INTENTIONAL MISPRESENTATION OR ANY
FAILURE TO ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT MEDICAL
INFORMATION TO MY EXAMINING PHYSICIAN
I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if
applicable), my family, my heirs, my executors and personal representatives of my estate, and
this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them
I have read and understand the information in this Release of All Claims, Waiver of Liability,
and Hold Harmless Agreement.
Date
Signature of Operator
Printed Name of Operator
AFSCME Local 1122 — Transit 2020 - 2023
11/5/19 Page 42 of 42
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.B.
For Meeting of: December 3, 2019
ITEM TITLE: Resolution authorizing a collective bargaining agreement with
AFSCME Transit for January 1 2020 - December 31, 2023
SUBMITTED BY: Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
The City and AFSCME Transit Local 1122 representatives negotiated in good faith, a contract
setting forth the wages, hours, and other terms and conditions of employment for the next four
years (2020-2023). To that end, both parties recommend the City Council review and approve the
attached CBA proposal. The AFSCME Transit group has voted and ratified this proposed
agreement.
Highlights of the proposed CBA include:
• Wage adjustment of 2.25% for 2020, 2021, 2022 & 2023. During the negotiation process, it
was recognized that the AFSCME Transit group's Driver's and Dispatchers wages were
below market comparables making it difficult to recruit and retain employees. To help bridge
this gap, drivers and dispatchers will receive a catch-up provision of: 2020: 1.5%, 2021:
1.25%, 2022: 1.0%, and 2023: 1.0%. Increased efficiencies have successfully grown the
Transit Fund Operating Reserves to healthy levels that can be sustained through the
corresponding budget years.
• Bilingual/Biliterate stipends were updated to be consistent with other collective bargaining
agreements. 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 Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
2
ATTACHMENTS:
Description Upload Date Type
D Rrfolutnn 11/2112019 Cover Memo
D 2E23 ?323AFSCNIE Tratslt CBA 11/ 21/2019 cover Memo
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
COUNCIL 2
WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES
REPRESENTING LOCAL 1122
UNIFORMED TRANSIT EMPLOYEES
AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between Council 2 Washington State Council of County and City Employees representing
Local 1122 Uniformed Transit Employees American Federation of State County and Municipal
Employees, AFL-CIO (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 permanent Regular and
Extra board Transit Operators, Transit Dispatcher, Transit Service Workers, the Transit Project
Planner, the Transit Route Supervisor, Transit Operation Specialist, the Transit Office
Assistant, Transit DA II, Transit Vehicle Cleaner, and the Marketing/Program Administrator;
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 25 —HOLIDAYS of the Collective Bargaining Agreement will be amended to
read as follows:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
1
Independence Day July 4th
Labor Day 1st Monday in September
Veterans' Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25
Executed this t_ l { day of Wtch, 2022.
City of Yakima:
Bob Harrison
City Manager
.ctt
Date
CITY CONTRACT NO. 20 A), - nl/
RESOLUTION NO 12- 201
For the Union:
Eddie
Staff �t t
-seniave
D . f►ror ord
Loc 1122 President
2
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
COUNCIL 2
WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES
REPRESENTING LOCAL 1122
UNIFORMED TRANSIT EMPLOYEES
AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between Council 2 Washington State Council of County and City Employees representing
Local 1122 Uniformed Transit Employees American Federation of State County and Municipal
Employees, AFL-CIO (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 permanent Regular and
Extra board Transit Operators, Transit Dispatcher, Transit Service Workers, the Transit Project
Planner, the Transit Route Supervisor, Transit Operation Specialist, the Transit Office
Assistant, Transit DA II, Transit Vehicle Cleaner, and the Marketing/Program Administrator;
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 26.1 of the Collective Bargaining Agreement
shall be amended as follows:
26.1 All full time employees shall accrue vacation with pay as follows:
Employees shall be granted annual vacation pursuant to the following conditions:
YEARS OF SERVICE ACCRUAL RATE
After one (1) full year
After two (2) full years
7.67 hours per month
('gym - 40 hours may
be after 6 months)
8.679 hours per month
(104 hours per yr)
After five (5)full years
After ten /10full years
After fifteen (1BfuU}ears
After twenty (20) full years
10.6711 hours per month
13.3H87hours per month
�160 hours per year)
15. G7hours per month
(184 hours per year)
�232 hours per y-ar)
Vacation accruals for Extra Board employees will ba prorated based onthe difference between
the total numbers of actual hours in pay status in the previous month versus the total number
of hours available to work in the previous month. Accruals shall be adjusted monthly.
Executed this I day of Novennbar.2O22.
City of Yakima:
Bob Harrison
City Manager
CITY CONTRACT NO*,P"
For the Union'.
DusfyMorford
Staff Rep
'Wallberg
President
~-�~}
Date
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
COUNCIL 2, WASHINGTON STATE COUNCIL OF COUNTY AND CITY
EMPLOYEES
REPRESENTING LOCAL 122 UNIFORMED TRANSIT EMPLOYEES
THIS MEMORANDUM OF UNDERSTANDING (hereinafter"MOU") is made and entered into by
and between the Council 2, Washington State Council of County and City Employees (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 who work as corrections officers; and
Whereas, the Union is the exclusive bargaining representative for Yakima Transit employees,
except Transit Supervisors; and
Whereas, this MOU memorializes the agreement between the City and the Union regarding
hiring incentives and other conditions related to transit operators. 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 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.
Therefore, the City and the Union agree that for one (1) year from the execution of this MOU,
the following conditions apply:
Newly hired Transit Operators are eligible for an incentive as follows:
a. Newly hired transit operators will receive a $5000 incentive to be paid on their
second paycheck following the first full month of employment after execution of
the repayment contract in 2(b) and if they are still employed as a transit
operator.
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 three years. If employee separates service
from the City of Yakima or transfers to a new position, other than a promotion to
a Transit Dispatcher or Transit Supervisor, prior to the completion of thirty-six
(36) months of service, complete payment of the reimbursement obligation shall
be deducted from the employee's final paycheck. If the repayment amount
owed is in excess of the final paycheck, any balance owed shall be paid within
twelve (12) months of cessation of employment, in monthly installments of no
less than one twelfth (1/12) of the total remaining reimbursement obligation,
commencing 30 days following the last day of employment as a transit operator.
c. Newly hired temporary employees are not eligible for this incentive.
1
t-c)1(
Executed this � day of-B
City of Yakima: For the Union:
Z2.4(.. - ,
t -z___Z /- 3-,26.' c
Bob Harrison Date Dusty orford Date
City Manager Staff Rep
CITY CONTRACT NO' /`-
RESOLUTION NO:,0-,21) -► 4 David Macias Date
AFSCME President
2