HomeMy WebLinkAbout02/01/2011 08B 2011-2012 Collective Bargaining Agreement with Teamsters Local #760, Public Works Managers Unit BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
411. AGENDA STATEMENT c�
Item No. �f g
For Meeting Of 02/01/2011
ITEM TITLE: Consideration of a Resolution authorizing and directing the City Manager to
execute a collective bargaining agreement for 2011 - 2012 with Teamsters
Local #760 representing the Yakima Public Works Division Managers Unit.
SUBMITTED BY: Colleen Chapin, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE: Colleen Chapin, 575 -6124
SUMMARY EXPLANATION:
The Yakima Public Works Division Managers Unit was established as a bargaining unit of
Teamsters Local #760 in 2010 through the Public Employment Relations Commission. The
new unit is comprised of the 5 Division Manager positions within the Public Works
Department. This is a new bargaining agreement that required development of acceptable •
contract language and bargaining of wages, hours, and working conditions.
Attached are the Resolution and Collective Bargaining Agreement which finalizes the
negotiation process with Teamsters Local #760 Yakima Division Managers bargaining unit for
2011 - 2012. The primary settlement package is outlined below.
4fr 0% wage increase for 2011
• Effective 02/01/11 vacation accruals - 20 years — from 16 hours per month to 17.08
25 years — from 16 hours per month to 17.92
• Effective 02/01/11 — Sick Leave Exchange changed from exchange of four (4) days
of sick leave to one (1) day of vacation to a rate of three (3) days to one (1)
• Pay out excess vacation accrual if at least 75% of annual accrual has been taken
• Effective 02/01/11 — Maximum VEBA cash out of $38,500
• Effective 02/01/11 — Increase Life Insurance to $100,000
• Effective 03/01/11 — Employer paid monthly contribution to Teamsters Legal
Service Trust .
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: i! %�✓� Acting City Manager
STAFF RECOMMENDATION: Adopt Resolution authorizing the execution of the Yakima
Supervisors unit Collective Bargaining Agreement
f p BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R -2011-
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement for 2011 - 2012 with the Teamsters Local #7
representing the Yakima Public Works Division Managers Unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Teamsters Local #760 Division Managers Unit, resulting in the
attached proposed collective bargaining agreement for 2011 - 2012; and
WHEREAS, the Local #760 and the City of Yakima have bargained in good faith to a
negotiated agreement; and
WHEREAS, the members . have voted in favor of the attached proposed collective
bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City
of Yakima to .settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute
the attached and incorporated Collective Bargaining Agreement between Teamsters Local
#760 Division Managers Unit, and the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 1 day of February 2011.
Micah Cawley, Mayor
A -T -TEST:
City Clerk
Collective Bargaining Agreement
•
By and between
The City of Yakima .
And
Yakima Division Managers Unit, Teamsters Local #760
February 1, 2011— December 31, 2012
•
ARTICLE 1 — RECOGNITION 1
ARTICLE 2 — UNION SECURITY /DUES CHECKOFF 1
ARTICLE 3 — EMPLOYER RIGHTS 3
ARTICLE 4 — WAGES AND BENEFITS 5
ARTICLE 5 — WORK WEEK, AND HOURS OF WORK 5
ARTICLE 6 — GRIEVANCE PROCEDURE 5
ARTICLE 7 - UNION LEAVE 7
ARTICLE 8 — SAVINGS CLAUSE 8
ARTICLE 9 — TERM OF AGREEMENT 8
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 Division Managers 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 2 below.
ARTICLE 1— RECOGNITION
1.1 The Employer recognizes the Union as the exclusive bargaining representative for
those purposes appropriate to the units stated in RCW 41.56 of all full -time
Division Managers present in the Public Works, and as recognized by PERC case
23552 - E - 10 - 3594, excluding mid - level supervisory employees, non - supervisory
employees, depal tnient heads, confidential employees, • elected 'officials, officials
appointed for fixed term of office, and all other employees of the Employer.
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
Yakima Division Managers Unit 1
Teamsters Local #760
February 1, 2011 — December 31, 2012
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 after January 1, 2011 shall, on the thirtieth (30
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.
Yakima Division Managers Unit 2
Teamsters Local #760
February 1, 2011 — December 31, 2012
•
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.
ARTICLE 3 — EMPLOYER RIGHTS
3.1 Employer Rights:
Any and all rights concerned with the management of the City are exclusively that
of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations as amended. Furthermore, the City
reserves all customary management prerogatives including, but not limited to, the
right to:
A) Adopt rules for the operation of the Department and conduct of the
employees covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational
goals of the department;
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 City 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 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;
•
Yakima Division Managers Unit • 3
Teamsters Local #760 • •
•
February 1, 2011 December 31, 2012
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
agreement;
J) Relieve any employee from duty due to a lack of work or insufficient
funds as provided by in the Charter Civil Service Commission Rules and
Regulations and in conformity with this agreement.
K) To perform all of the functions not otherwise expressly limited by this
agreement;
L) Take all actions necessary to carry out the mission of the City in
emergencies.
M) Provided, nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56
3.2 Scope of Management Rights
•
The Employer's failure to exercise any right, prerogative, or function hereby
reserved to it, or the Employer's exercise of any such right, prerogative, or
function in a particular way, shall not be considered a waiver of the Employer's
management right to exercise such right, prerogative, or function in a particular
way, shall not be considered a waiver of the Employer's management right to
exercise such right, prerogative, or function or preclude it from exercising the
same in some other way not in conflict with express provisions of this Agreement,
however, the Employer recognizes that RCW 41.56 may impose an obligation for
the Employer to negotiate changes in wages, hours, and working conditions not
covered by this agreement.
3.3 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
Charter Civil Service Rules.
3.4 The Employer and the Union hereby recognize that delivery of services in the
most efficient, effective, and courteous manner is of paramount importance to the
Employer, and as such, maximized performance is recognized to be an obligation
of employees covered by this Agreement.
_3:5 ' - - The - Employer - shall have right - to establish -- and - maintain - performance - standards. Such standards that are in effect may be used to determine acceptable
performance levels, prepare work schedules, and measure the performance of an
employee. The Employer shall have the right to implement and prepare work
schedules consistent with the terms and conditions of this Agreement.
Yakima Division Managers Unit 4
Teamsters Local #760
February 1, 2011 — December 31, 2012
ARTICLE 4 — WAGES AND BENEFITS
Except as modified in Appendix "A ", Employees covered by this agreement shall receive
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.
ARTICLE 5 —.WORK WEEK, AND HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit is
supervisory in nature. 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 exempt employees.
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two consecutive days off;
Employees shall work such days and hours as required to advance the mission of the City
as determined by the employer. All employees shall be scheduled to work on a regular
work shift, and each work shift shall have a regular starting and ending time.
•
ARTICLE 6 — 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.
•
Yakima Division Managers Unit 5
Teamsters Local #760
February 1, 2011 — December 31, 2012
Contents:
A grievance must include the following:
el°
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 allegedly violated and a
specific description of how each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals
involved in the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re- submit the grievance.
Modifications:
Alleged violations and /or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed -upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the
next step.
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
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 Department Head or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 1 decision. The Department
Head 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 t 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.
Yakima Division Managers Unit 6
Teamsters Local #760
February 1, 2011 — December 31, 2012
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 personas 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.
ARTICLE 7 — UNION LEAVE
7.1 One (1) bargaining unit member 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 One (1) bargaining unit member 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 relatedto contract administration.
7.3 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 Department Head, and provided further that
Yakima Division Managers Unit 7
Teamsters Local #760 _
February 1, 2011 — December 31, 2012
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. •
ARTICLE 8 — 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 9 - 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 day of , 2011
Yakima Divisions Managers Unit City of Yakima
Teamsters Local #760
By: By:
John Parks, Secretary /Treasurer Michael Morales, A./City Manager
•
•
ATTEST:
City Clerk
Yakima Division Managers Unit 8
Teamsters Local #760
February 1, 2011 — December 31, 2012
010 Teamsters #760
Division Managers Unit
• APPENDIX "A" •
ANNUAL LEAVE ACCRUALS - Effective 02/01/2011
205 hours annually - After 20 years of service
215 hours annually - After 25 years of service
VEBA
• 02/01/1.1 $38,500.00 maximum cash out
LIFE INSURANCE = Effective 02/01/11
•
$100,000.00
VACATION LEAVE PAY -OUT
Pay out of vacation leave in accordance with 2.40.020 B. (3) of the Yakima
Municipal Code (YMC) (must use at least 75% of his/her vacation leave accrued
during that year in order to qualify)
SICK LEAVE EXCHANGE •
In accordance with YMC 2.40.030 E. 2. c. (except at a rate of. three (3) days to
one (1) instead of four (4) days to one (1)). Sick Leave Exchange Procedure in
accordance with 2.40.030 E. 5.
TEAMSTERS LEGAL SERVICES TRUST
•
Effective March 1, 2011, the Employer shall make contributions of $25.95 per
. month, per bargaining unit member, to implement the Western Conference of
Teamster Legal Services Trust to SF Administrators, Inc. During the terms of
this agreement future increases will be paid 50% by the employer and 50% from
___._____._____._A_.___ ____employee�wagem 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.
Yakima Division Managers Unit 9
Teamsters Local #760 •
February 1, 2011 — December 31, 2012 •