HomeMy WebLinkAboutR-2010-144 2011 Collective Bargaining Agreement / Police Corrections Sergeants (Teamsters 760)RESOLUTION NO R-2010-144
A RESOLUTION authorizing the City Manager to execute the first collective bargaining
agreement between the City of Yakima and the Yakima Police Corrections
Sergeants Unit for wages, hours, and working conditions for January 1,
2011 -December 31, 2012
WHEREAS, pursuant to Washington State law, the City and Teamsters Local #760 have
been engaged in negotiations for a new collective bargaining agreement for Police Corrections
Sergeants for January 1, 2011 - December 31, 2012, and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for January 1, 2011 -December 31, 2012, 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, 2011 -December 31, 2012, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
1 The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated collective bargaining agreement between the City of
Yakima and the Yakima Police Corrections Sergeants for wages, hours, and working
conditions for January 1, 2011 - December 31, 2012
ADOPTED BY THE CITY COUNCIL this 7th day of December, 2010
ATTEST
ltiG�°l
Micah Cawley, COVMa or
Teamsters Local Union #760
Contract For
City of Yakima Police Corrections Sergeants
January 1, .2011— December 31, 2012
ARTICLE 1 — RECOGNITION 1
ARTICLE 2 — UNION SECURITY/DUES CHECKOFF 1
ARTICLE 3 — RIGHTS OF PARTIES 3
ARTICLE 4 — WAGES AND BENEFITS 5
ARTICLE 5 —GRIEVANCE PROCEDfiRE 6
ARTICLE 6 — WORK WEEK, AND HOURS OF WORK
ARTICLE 7 — UNION LEAVE 8
ARTICLE 8 — RETIREE HEALTH CARE BENEFITS 9
8
ARTICLE 9 — SAVINGS CLAUSE 9
ARTICLE 10—TERM OF AGREEMENT 9
PREAMBLE
This agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by
and between the City of Yakima hereinafter known as the "Employer" and the Yakima Police
Corrections Sergeants Unit represented by Teamsters Local #760, hereinafter known as the
"Union" for the purpose of setting forth the wages, hours, and other terms and conditions of
employment which shall be in effect during the term of this agreement for employees included
in the bargaining unit described in Article'1 below.
ARTICLE 1— RECOGNITION
1.1 The employer recognizes the Union as the exclusive bargaining representative on
matters concerning wages, hours, and conditions of employment for all City of Yakima
Corrections Sergeants, excluding all other employees of the department.
1.2 The Union recognizes the City as the representative of the people of the City of Yakima
and agrees to negotiate only with the City through the negotiating agent or agents
officially designated by the City Manager to act on the City's behalf.
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF AND MAINTENANCE OF MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered by
this Agreement who are members of the Union in good standing on the effective date of
this Agreement shall remain members in good standing in the Union. It shall also be a
condition of employment that all employees covered by this Agreement and hired on or
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
1
after January 1, 2011 shall, on the thirtieth (30th) calendar day following the beginning of
such employment become and remain a member in good standing in the Union.
2.1.1 Should bona fide religious convictions of an employee dictate he/she may not join a
Union, he/she shall be required to pay an amount equivalent to the Union initiation fee
and monthly dues to a non -religious charity mutually agreed upon by the employee and
the Union. If such employee pursuant to this Section requests the Union to use the
Grievance and Arbitration Procedure on his/her behalf, the Union is authorized to
charge the employee for the reasonable cost of using such procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without regard
to Union membership.
2.3 When an employee fails to fulfill the obligations as set forth in Section 2.1 or 2.1.1, the
Union shall provide the employee and the Employer with thirty (30) calendar days'
notification of the Union's intent to initiate discharge action and during this period the
employee may make restitution in the amount which is overdue. If an employee has not
fulfilled the Union membership obligation and/or other provisions as described in
Section 2.1 or 2.1.1 by the end of the applicable discharge notification period, the Union
shall thereafter notify the Employer in writing, with a copy to the affected employee, of
such employee's failure to abide by Section 2.1 or 2.1.1. In this written notice, the
Union shall specifically request discharge of the employee for failure to abide by the
terms of the Labor Agreement between the Employer and the Union.
2.4 When provided a "voluntary check -off' authorization form furnished by the Union and
signed by the employee, the Employer agrees to deduct from that employee's pay, the
Union's uniform applicable dues, initiation fee and/or service fees, as prescribed in the
"voluntary check -off' form. The full amount of monies so deducted from the employee
shall monthly be forwarded to the Union by check along with an alphabetized list
showing names and amounts deducted from each employee. The Union agrees to
defend and hold the Employer harmless from and against any and all claims, demands,
lawsuits, orders or judgments arising from the administration and effects of this Section.
2.5 The Union agrees to refund to the employee any amounts paid to the Union in error on
account of the payroll deduction provision upon presentation of proper evidence
thereof. The earning of the employee must be regularly sufficient after other legal and
required deductions are made to cover the amount of the appropriate Union dues. All
other legal and required deductions have priority for payment over such dues.
2.6 The Union agrees to defend and hold the Employer harmless from and against any and
all claims, demands, lawsuits, and/or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any employee nor
the Union shall have any claim against the Employer for any deductions made or not
made unless a claim of error is made in writing to the Employer within forty-five (45)
calendar days after the date such deductions were, or should have been made.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
2
ARTICLE 3 — RIGHTS OF PARTIES
3.1 Employer Rights:
Any and all rights concerned with the management of the Corrections, are exclusively
that of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations. Furthermore, the City reserves all
customary management prerogatives including, but not limited to, the right to:
A) Adopt rules for the operation of the Division and conduct of the employees
covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational goals of
the division;
C) Determine the organization, and the merits, necessity and level of activity or
service provided to the public;
D) Determine new work methods;
E) Control the Corrections Division budget;
F) Establish, regulate and administer a personnel system, in conformity with the
City Charter and Charter Civil Service Rules and Regulations and with this
agreement, which provides for all types of personnel transactions including
determining the procedures and standards for hiring, promotion, transfer,
assignment, lay off, discipline, retention and classification of positions;
G) Discipline, suspend, demote or discharge employees for just cause, which shall
be defined as compliance with the due process procedures outlined in this
agreement, as provided by the Department Rules and the Regulations of the
Charter Civil Service Commission and in conformity with this CBA;
H) Determine the methods, means, equipment, material, numbers and kinds of
personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this agreement;
J) Relieve any employee from duty due to a lack of work or insufficient funds as
provided by in the Charter Civil Service Commission Rules and Regulations and
in conformity with this agreement;
To perform all of the functions not otherwise expressly limited by this
agreement;
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
3
L) Take all actions necessary to carry out the mission of the City in emergencies;
M) Provided nothing in the Agreement shall be construed as a waiver of collective
bargaining rights conferred on the parties by RCW 41.56.
3.2 Scope of Management Rights:
The above management rights are not to be interpreted as being all inclusive, but
merely indicate the type of rights which inherently belong to the City. It is understood
that any of the rights, power and authority the City had prior to the signing of this
agreement are retained by the City. The Employer acknowledges that changes impacting
the working conditions of employees covered by this agreement may be subject to
bargaining as defined by RCW 41.56.
3.3 Employee Rights:
3.3.1 In the event an employee is subject to any legal action arising out of any actions taken
or not taken by the employee in the performance of their duties, he/she has the right to
request representation and indemnification through his/her agency in accordance with
City policy.
3.3.2 Employees may engage in off-duty employment provided that the employee has
submitted a written request to the Police Chief and approval has been granted prior to
engaging in such employment. Approval will be granted if the employment does not:
A. Utilize Employer resources;
B. Create undue financial obligations for the Employer;
C. Interfere with proper performance of assigned duties; or
D. Create a conflict of interest.
3.3.3 The Employer retains all of the Employer's rights to correct or discipline an employee for
off-duty conduct which has a nexus to their employment. Employees shall report all
arrests, criminal citations, and any court -imposed sanctions or conditions that may
affect their fitness for duty to the Police Chief or designee within twenty-four (24) hours
or prior to their scheduled work shift, whichever occurs first.
3.3.4 Employee will not be required to unwillingly submit to a polygraph test; provided,
however, this provision does not apply to the initial application for employment and
does not preclude a voluntary polygraph.
3.3.5 Any employee within the bargaining unit who may feel aggrieved, may seek remedy by
the grievance procedure provided in this Agreement except as otherwise provided in
said Agreement.
3.3.6 Employees shall comply with all rules not in conflict with the expressed terms of this
Agreement, provided that the rules are in writing and reasonable notice be given of the
existence of said rules and that the rules are uniformly applied and enforced.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
4
3.4 Any employee who becomes the subject of an internal investigation shall be notified in
writing within seventy-two (72) hours after the Department assigns an internal
investigation number unless notification may prejudice the integrity of the investigation.
Any employee shall be advised at least twenty-four (24) hours prior to the time of an
investigative interview, unless the exigency of the situation justifies Tess notice, of the
following:
A. Committing a criminal offense; and/or,
B. Misconduct that could be grounds for discipline including: termination or
discharge, demotion, suspension without pay, or written reprimand.
Such notification shall be in sufficient detail to reasonably apprise him/her of the matter.
3.5 In administrative matters relating to job performance, the following shall apply:
A) Interviewing shall be completed within a reasonable time and in a reasonable manner
unless the exigency of the interview dictates otherwise;
B) Any employee who becomes the subject of an internal investigation may have legal
or union representation present during all interviews. This representation is confined to
counseling and not active participation during interviews and/or meetings;
C) Investigative interviews may be recorded by video or audio at the discretion of the
Employer. Upon request, the employee under investigation shall be provided an exact
copy of any written statement he/she has submitted and signed.
3.6 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his/her duties, the employer may require the employee to
undergo a psychological or medical examination in accordance with current standards
established by the Washington Association of Sheriffs and Police Chief's, the
International Association of Chiefs of Police, the Americans With Disabilities Act and
other applicable laws.
ARTICLE 4 — WAGES AND BENEFITS
• 01/01/2011 — 3% wage decrease (taken as a 0% City contribution to deferred
compensation plan)
01/01/2012 — Restore 3% City contribution of each employee's base monthly salary to a
deferred compensation plan.
• 01/01/2012 — open on wages.
Employees covered by this agreement shall receive additional benefits as outlined in the City of
Yakima Municipal Code, Chapter 2, and the Management Fringe Benefits document. The
Employer acknowledges that changes to the wages and benefits are subject to bargaining as
provided by law.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
5
ARTICLE 5 - GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within fourteen (14)
calendar days after the employee knew or should have known of the action or decision giving
rise to the grievance. This fourteen (14) calendar day period must be used by the employee to
attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in writing.
Days are calendar days, and will be counted by excluding the first day and including the last day
of timelines. Transmittal of grievances, appeals and responses will be in writing. Service on the
parties is complete when delivered in person; or upon receipt by electronic mail or by the
postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal of the
grievance. Failure by the employer to comply with the timelines will entitle the Union to move
the grievance to the next step of the process.
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement or policy affecting wages,
hours, or working conditions allegedly violated and a specific description of how
each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals involved in
the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed above
is provided. Grievances that do not meet the above conditions or are otherwise unclear may be
returned by the Employer and the Union will have seven (7) calendar days to provide the
clarifying information and re -submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed-upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the next step.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
6
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in writing,
to employee's supervisor with a copy to Human Resources within the fourteen (14) day period
described above. The responsible supervisor shall meet with the grievant and the Union
Representative within fourteen (14) days of the receipt of the grievance, and respond in writing
to the Union within fourteen (14) days of the meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next step by
filing it with the Chief of Police or designee, with a copy to Human Resources, within fourteen
(14) days of the Union's receipt of the Step 1 decision. The Chief or designee will meet with the
grievant and the Union Representative within fourteen (14) days of the receipt of the appeal,
and will respond in writing to the Union within fourteen (14) days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next step by
filing it with the City Manager or designee, with a copy to Human Resources, within fourteen
(14) days of the Union's receipt of the Step 2 decision. The City Manager will respond in writing
to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter may,
within fourteen (14) calendar days, be referred by either party to expedited mediation -
arbitration. There shall be no withholding by either side of known facts or evidence, relating to a
grievance prior to arbitration. Such withholding shall result in said facts and/or evidence not
being admissible in arbitration.
Upon demand for arbitration the parties may mutually agree to an Arbitrator or if agreement
cannot be reached, both parties shall immediately petition the Federal Mediation and
Conciliation Service for the names of seven (7) arbitrators and within seven (7) calendar days
from receipt of the list, the two (2) parties shall select one (1) name from it by alternatively
crossing off a name until one (1) remains, with the grieving party striking first. This process for
selecting an arbitrator need not be followed if both parties agree on any person as an impartial
arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her decision
solely to the interpretation, application or enforcement of this Agreement. The arbiter shall
confine himself/herself to the precise issue submitted for arbitration, and shall have no
authority to determine any other issues not so submitted to him/her. The decision of the arbiter
shall be final and binding upon the aggrieved employee, Union and employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally by the
employer and the Union. All other costs and expenses shall be borne by the party incurring
them.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
7
ARTICLE 6 — HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit can be
supervisory in nature. Sergeants are considered hourly employees and are eligible for overtime
after forty (40) hours of compensation in the work week.
Employees covered by this agreement are accountable for their work product, meeting the
objectives of the organization, and are subject to the Employer's policies applicable to all
overtime -eligible employees.
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two (2) consecutive days off;
• four (4) consecutive ten (10) hour days with three (3) consecutive days off;
• five (5) consecutive nine (9) hour days with two (2) consecutive days off, alternating
with three (3) consecutive (9) hour days and one (1) eight (8) hour day followed by three
(3) consecutive days off.
Employees shall work such days and hours as required to advance the mission of the Corrections
Division as determined by the employer. The parties acknowledge that assigned shifts may vary
based on specific assignment and needs of the department, and that historic patterns have
developed over time unique to both. Per Article 1 Section 1.1 and Article 3 Section 3.2, exigent
circumstances aside, the Employer acknowledges its obligation to bargain the effects of a
permanent change to an ongoing shift pattern.
All employees shall be scheduled to work on a regular work shift, and each work shift shall have
a regular starting and ending time. The Employer shall provide fourteen (14) calendar days
notice of a permanent change to an ongoing shift pattern.
ARTICLE 7 — UNION LEAVE
7.1 One (1) Sergeant shall be granted leave from duty without any loss of pay during the
pre -impasse and post -impasse period as provided in RCW 41.56, for all meetings
between the City and the Union for the purpose of negotiating the terms of a contract
and/or attendance at mediation, when such meetings take place at a time during which
any such members are scheduled to be on duty.
7.2 Employees, not to exceed one (1) in number at any one time, shall be granted leave
from duty with pay for Teamster affiliated Union business, such as attending labor
conventions and educational conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at least two (2) weeks prior
thereto to Chief of the Police Department, and provided further that the total leave for
the entire bargaining unit for the purposes set forth in this section shall not exceed six
(6) days in any fiscal year.
7.3 One (1) Sergeant may be granted release time during normal working hours to attend
meetings for collective bargaining, labor-management, grievances, pre-
disciplinary/disciplinary, investigatory interviews and other meeting related to contract
administration.
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
8
ARTICLE 8 — RETIREE HEALTH CARE BENEFITS
Effective January 1, 2012, the Employer shall make contributions, subject to the procedures
stated below, as are necessary to implement the Teamsters Benefit Trust Fund's Retirement
Security Plan (RSP) (Le. retiree medical), which provides for Health and Welfare benefits for
retired employees who qualify under the plan's enrollment rules. Future increases in the RSP as
established by the Teamsters Benefit Trust Board of Trustees during the term of this agreement
will be paid 50% by the employer and 50% from employee wage deductions. The Union agrees
to defend and hold the Employer harmless from and against any and all claims, demands,
lawsuits, orders or judgments arising from the administration and effect of this participation.
The Employer's obligation under this Agreement is limited to the payment of normal
contributions based on hours worked by unit employees.
ARTICLE 9 — SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any Article,
Section or portion of this Agreement to be unlawful or invalid, the remainder of the Agreement
will remain in full force and effect. If such a finding is made, the parties agree to make
themselves available to negotiate a substitute for the invalid Article, Section or portion.
ARTICLE 10 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect upon ratification and
execution of both the Union and the Employer and continue through December 31, 2012.
Executed by the parties hereto this Pt day of Jt
Corrections Sergeants
Teamsters Local #760
By:
JohrjParks, Secretary/Treasurer
Corrections Sergeants
Teamsters Local #760
January 1, 2011— December 31, 2012
City of Yakima
, 20fiQ 1\
Richard Zais, City Mana_-r
9
CITY CONTRAC f NO:
RESOLUTION NO:
9D/O- W
•
111
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No - 17 A
For Meeting Of December 7, 2010
ITEM TITLE Consideration of a Resolution authorizing the execution of the first Collective
Bargaining Agreement for January 1, 2011 - December 31, 2012 between the
City of Yakima and Teamsters Local #760 Police Corrections Sergeants
bargaining unit.
SUBMITTED BY
Dick Zais, City Manager
Dave Zabell, Assistant City Manager
Sheryl M Smith, Human Resources Manager
Colleen Chapin, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE Colleen Chapin, x6124
SUMMARY EXPLANATION The attached resolution authorizes a two-year Agreement with
the Teamsters Local #760 for the Police Corrections Sergeants bargaining unit. This contract
represents the result of many months of negotiations between the parties including mediation
The 2011-2012 economic settlement package is outlined below
Term of agreement 1/1/2010 - 12/31/2012
1/1/2011 -
1/1/2012 -
1/1/2012 -
3% wage decrease
3% wage increase (restoring base wage to 2010 levels), plus wage opener
Implement Teamsters Retiree Medical Coverage to be paid by the
employer Future premium increases following initial implementation shall be
split equally (50/50) between employer and employee
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address)
Funding Source All affected department operations budgets
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Adopt Resolution authorizing the execution of the Collective
Bargaining Agreement
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION