HomeMy WebLinkAboutR-1997-114 1995-1997 Collective Bargaining Amendment / YPPAr
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RESOLUTION NO. R-97-114
A RESOLUTION authorizing the City Manager and the City Clerk of the City
of Yakima to execute an Amendment to the 1995-1997
Collective Bargaining Agreement for Yakima Police
Patrolmen's Association for the purpose of providing a
special rate of pay for security detail work at Kiwanis Park.
WHEREAS, the City and the YPPA negotiated, bargained for, and entered
into a Collective Bargaining Agreement for the period of January 1, 1995
through December 31, 1997 ("CBA"); and
WHEREAS, in a May 23, 1997 letter to the City the YPPA through their
legal counsel, James Cline, alleged that the City had committed an unfair labor
practice because the City Parks and Recreation Division contracted out park.
security detail work at Kiwanis Park previously performed by off-duty Yakima
Police Officers; and
WHEREAS, in said letter, the YPPA also asserted that the City was
responsible for financial compensation to the YPPA for lost wages as a result of
contracting out said security detail work; and
WHEREAS, the YPPA also alleges that the Yakima Police Officers who
performed off-duty park security detail work at Kiwanis Park for the City Parks
and Recreation Division are entitled to overtime compensation based upon
their regular rate of pay under the Fair Labor Standards Act ("FLSA") and the
Washington Minimum Wage Act ("WMWA"); and
WHEREAS, the City does not admit any of the allegations made by the
YPPA concerning this matter, and more specifically asserts that the City has
not committed any unfair labor practice in regard to this matter and that the
YPPA members- at issue are not entitled to any overtime compensation under
the FLSA and/or the WMWA; and
WHEREAS, the City and the YPPA desire to resolve this situation,
including both the alleged unfair labor practice claim and the FLSA/WMWA
overtime compensatior claims by amending the current CBA to provide that
Yakima Police Officers will perform all security work required by the City Parks
and Recreation Division at Kiwanis Park; and
WHEREAS, the City Council deems it to be in the best interest of the City
to execute the attached Amendment to the 1995-1997 Collective Bargaining
Agreement for the Yakima Police Patrolmen's Association; now, therefore,
(Wrc./YPPA.merdmrnl fpm
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager land the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated "Amendment
to the 1995-1997 Collective Bargaining Agreement for Yakima Police
Patrolmen's Association," for the purpose of providing for a special rate of pay
for security detail work at Kiwanis Park. rJp
ADOPTED BY THE CITY COUNCIL this day of 1997.
ATTEST: L 7; an, Mayor
yiktAL„,>3) c
City Clerk
Resolution No.
Contract No.
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AMENDMENT TO 1995-1997 COLLECTIVE BARGAINING
AGREEMENT FOR YAKIMA POLICE PATROLMEN'S ASSOCIATION
THIS AMENDMENT to the existing Collective Bargaining Agreement
is entered into by and between the City of Yakima, a Washington
municipal corporation (the "City"), and the Yakima Police Patrolmen's
Association ("YPPA").
WHEREAS, the City and the YPPA negotiated, bargained for, and
entered into a Collective Bargaining Agreement for the period of
January 1, 1995 through December 31, 1997 ("CBA").
WHEREAS, in a May 23, 1997 letter to the City (a copy of which is
attached hereto as Exhibit "A"), the YPPA through their legal counsel,
James Cline, alleged that the City had committed an unfair labor practice
because the City Parks and Recreation Division contracted out park
security detail work at Kiwanis Park previously performed by off-duty
Yakima Police Officers.
WHEREAS, in said letter, the YPPA also asserted that the City was
responsible for financial compensation to the YPPA for lost wages as a
result of contracting out said security detail work.
WHEREAS, the YPPA also alleges that the Yakima Police Officers
who performed off-duty park security detail work at Kiwanis Park for the
City Parks and Recreation Division are entitled to overtime compensation
based upon their regular rate of pay under the Fair Labor Standards Act
("FLSA") and the Washington Minimum Wage Act ("WMWA").
WHEREAS, the City does not admit any of the allegations made by
the YPPA concerning this matter, and more specifically asserts that the
City has not committed any unfair labor practice in regard to this matter
and that the YPPA members at issue are not entitled to any overtime
compensation under the FLSA and/or the WMWA.
WHEREAS, the City and the YPPA desire to resolve this situation,
including both the alleged unfair labor practice claim and the
FLSA/WMWA overtime compensation claims by amending the current
CBA to provide that Yakima Police Officers will perform all security work
required by the City Parks and Recreation Division at Kiwanis Park.
NOW, THEREFORE, in resolution of this situation, it is agreed by
and between the City and the YPPA to amend the CBA to add the
following new Article 39:
Wag/police CBA amend /.pcc i pay 3/pm
ARTICLE 39 - SECURITY DETAIL PAY
Section 1. The Parks and Recreation Division sometimes requires
personnel to provide security detail work at Kiwanis Park. On those
occasions, the City shall employ only members of the YPPA to provide
said security detail work at Kiwanis Park; provided, however, that this
provision shall in no way prohibit private parties who utilize Kiwanis
Park from hiring/employing outside contractors to provide security detail
work for such private parties at Kiwanis Park.
Section 2. In recognition of the less demanding nature of the job duties,
the rate of pay for all security detail work performed by YPPA members at
Kiwanis Park shall be different and lower than the regular rate of pay
required by the CBA for YPPA members for other regular duties.
Specifically, the rate of pay for security detail work at Kiwanis Park for
each YPPA members shall be such that the overtime rate of pay,
including premium pays to the extent required by the FLSA and WMWA,
shall be $20.00 per hour. The parties acknowledge that security detail
work at Kiwanis Park for the Parks and Recreation Division shall
normally be performed outside the employee's regular work schedule and
as such will normally be paid at said overtime rate of pay. After 1997
this rate shall be increased to reflect future increases in the top step
patrol officer wage proportionate to those increases.
Section 3. In order to resolve and settle any and all ULP claims and back
pay and/or FLSA/WMWA overtime compensation claims arising out of
past or alleged past practices of the City regarding security detail work
performed at Kiwanis Park, the City is willing to pay YPPA members their
regular rate of pay, rather than the above-described special rate of pay,
for security detail work performed at Kiwanis Park during the remainder
of 1997 and through December 31, 1998; provided, however, that receipt
of said regular rate of pay for security detail work is conditioned upon the
YPPA and the subject YPPA member executing a Release and Settlement
Agreement with the City prior to performing such work. A copy of the
Release and Settlement Agreement is attached hereto as Exhibit "B."
The YPPA further agrees that it will not encourage and/or provide
financial support to its individual members to pursue potential overtime
compensation claims addressed in Exhibit "B." The YPPA further agrees
that it will not allow its counsel, the law firm of Cline and Emmal or any
future counsel retained by YPPA, to undertake representation of
individual members in pursuit of potential overtime compensation claims
addressed in Exhibit "B".
Section 4. The parties agree that for the purpose of coverage under laws
and regulations of LEOFF and the Washington State Department of
Labor and Industries, YPPA members performing security detail work at
Kiwanis Park shall be considered employees of the City.
plgag/police CBA amend/special pay 3/pm
THIS AMENDMENT is executed by the parties this / ' day of
S t--P7�gc �C , 1997.
Yakima Police Patrolmen's Association City of Yakima
By:
B
ATTEST:
By:
James Cline City Clerk
Attorney for Yakima
Police Patrolmen's Association Contract No. 9'7-?/
Resolution No. R _9 7- I /q
Wag/Wk. CBA arzrcM/sPeclal Fay 3/Pm
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CLINE o' EMMAL
ATTORNEYS AT LAW
May 23, 1997
Richard Zais, City Manager
City of Yakima
129 N. 2nd Street
Yaidrna, WA 98901
Chief Don Blesio
Yakima Police Department
200 S. 34 St
YR1rim*, WA 98901
RE: Unilateral Change in Yakima Police Officer Off --Dui Ensploytnents
Dew Gentlemen:
I am writing on behalf of the Yakima Police Patrolmen's Association. It was brace to my
attention by the Association that the City of Yakima recently =laterally made a change in the
sing conditions of the Yakima police offices represented by the Association. Specifically, it
appears that the City has begun contracting out work previously performed by off-duty Yakima
officers through the City's Parks Department.
PERC has repeatedly held that contracting out bargaining unit work is an unfair labor
practice. The fact that the work was performed through the Parks Department rather than the Police
Department is not relevant to the question of whether it is bargaining unit work. What is important
is that it was work performed on behalf of the City of Yakima which is ultimately the employer.
It is clear to me that the City has committed an unfair labor practice but in recognition of the
past constructive efforts we have had to resolve issues before pursuing litigation, we would like to
sit down with you as soon as possible to discuss an amicable resolution to this matter. You should
be advised, however, that to date it appears that the City owes officers at least in excess of
S1,200.00 for lost wages and that amount of money appears to be growing by the day. I would
suggest a meeting be held in this matter no later than Monday, June 2, 1997, to determine if a
resolution short of litigation can be made.
6800 East Grcenlake Way North, Suite 250 • Seattle, Washington 98115
(206) 524-3431 • Fax (206) 524-3572 • Email diaemmal@clinemmal.w®
X1-11 RIT A
Richard Zais and Don Blesfio
May 23, 1997
Page 2
Thank you for your attention to this nutter.
Vert truly yours,
CLINE & EMMAI,
11/1 &AL)
IMC/skn
cc: Randy Ruegsegger
M. Cline
DRAFT
RELEASE AND SETTLEMENT AQREEMENT
This Release and Settlement Agreement (hereafter "Agreement") is
entered into by and between the City of Yakima (hereafter the "City",
(hereafter 'Employee', and the Yakima Police Patrolman's
Association (h "YPPA").
WHEREAS, Employee is employed by the City as a commissioned police
officer.
WHEREAS, Employee performed security detail work as a private
contractor at Kiwanis City Park for the City Parks and Recreation Division
during
WHEREAS, Employee and the YPPA allege that Employee is entitled to
additional compensation for the time period he/she performed said security
detail work at Kiwanis City Park under the Fair Labor Standards Act CFLSA"),
the Washington Minimum Wage Act (WMWA"), and the current Collective
Bargaining Agreement (hereafter "CBA") between the YPPA and the City.
WHEREAS, the Employee and the YPPA also allege that the City also
committed an unfair labor practice when the City Parks and Recreation
Division. contracted out park security detail work at Kiwanis Park to non-YPPA
members during 1997 and that, the Employee is entitled to back wages for that
time period.
WHEREAS, the City does not admit any of the allegations made by the
YPPA and the Employee concerning this matter, and more specifically asserts
that the City has not committed any unfair labor practice in regard to this
matter and that the Employee and the YPPA are not entitled to any additional
compensation under the FLSA and/or the WMWA.
WHEREAS, the City, the Employee, and the YPPA desire to resolve this
situation/dispute and to foreclose any and all potential or actual damages,
grievances, claims, disputes. ULP claims, and/or lawsuits arising from said
described circumstances.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is voluntarily agreed by and between the
City, the Employee and the YPPA as follows:
1. Settlement Consideration and Release.
Upon execution and delivery of this Agreement. and in accordance with
Article 39 of the CBA, the City agrees to pay the Employee his/her regular rate
of pay, rather than the lower special rate of pay, for all security detail work
he/she performs at Kiwanis Park for the City Parks and Recreation Division
during the remainder of 1997 and through December 31, 1998. In
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EXHIBIT B
consideration of the City paying the Employee in said mannez, as well as other
matters reflected in this Agreement, the Employee and the YPpA herby releast
And fiver discharge the City, its elected officials, officers, agents.
representatives, employees, volunteers, assigns, and successors, whether past,
present, or future, from any and all claims, actions, causes of actions,
demands, damages, suits, grievances, debts, controversies, judgments, rests,
costs, loss of services, compensation, and expenses of whatever nature or kind,
whether known or unknown, suspected or unsuspected , wed or cont, at
law or in equity, which have been or could have been alleged or
asserted,
claimed as a result of the above-described situation and compensation claim,
including but not limited to any claim for additional compensation under the
FLSA and/or WMWA.
2. ? o Admission of Fault.
This Agreement is not and shall .not be construed as an admission of
liability or fault by the City with regard to the above-described situation and
compensation claim, any such liability or fault being expressly denied.
3. Complete Resolution.
The Employee and the YPPA understand and agree that the consideration
that the City herein agrees to undertake constitutes the City's complete offer to
resolve and settle any and all potential appeals, grievances, claims, damages,
and/or disputes concerning the above-described situation and compensation
claim, and that it is full. complete. and ad to consideration for acceptance
of the terms stated herein by the Employee and the YPPA, and that the
Employee and the YPPA will receive no other/further consideration wader the
terms of this Agreement. There are no other agreements, representations,
warranties, or undertakings among the City, the Employee, and the YPPA or
any third party with respect to the subject matter of this Agreement.
4. Settlement Shall Not Be Used As Precedent .
Except for proceedings initiated to enforce the provisions of this
Agreement, the City, the Employee, and the YPPA agree and represent that the
facts and circumstances giving rise to this Agreement and the terms,
conditions, and recitals of this Agreement shall be inadmissible and shall not
be offered and/or used by the City, the Employee, and the YPPA or any YPPA
members in any appeal, hearing, arbitration, grievance, suit, litigation, labor
bargaining/negotiation, or any other proceeding as proof/evidenceof whether
the City has or should compensate YPPA members for time spent performing
security detail work for the City Parks and Recreation Division.
5. Terms Contractual.
The terms of this Agreement are contractual and are not mere recitals.
Page 2 of 4
6. Integration.
This Agreement constitutes the entire agreement between the City, the
Employee, and the YPPA. No changes or additions to this Agreement shall be
valid or binding upon any. Party hereto unless such change or addition be in
writing and executed by all the Parties.
7. Bin On 6laccessors and
This Agreement shall be binding upon, and inure to the benefit of, each
Party and, as applicable, each Party's respective predecessors, representatives,
agents, servants, heirs, affiliates, partners, intended beneficiaries, controlled
corporations, employees, subsidiaries, successors, assigns, and all persons or
entities acting in concert with any of them or for whom such Party has any
equitable, custodial, or trust obligations.
8. Pio Assignment.
This Agreement and any interest herein and claim hereunder shall not be
assigned or transferred in whole or in part by any Party hereto to any person or
entity without the prior written consent of all of the other Parties. In the event
that such prior written consent to an assignment is granted, the assignee shall
assume all duties, obligations, and liabilities of the assigning Party as stated
herein.
9. Governing Law.
This Agreement shall be governed by and construed in accordance the
laws of the State of Washington.
10. Venue.
The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of the State of Washington for Yakima County.
11. Advice of Counsel.
Each of the Parties hereby represents, acknowledges, and agrees that:
a. Such Party has received advice from legal counsel of its own
choosing prior to its execution of this Agreement.
b. The legal nature and effect of this Agreement has been fully
explained to he/she by such legal counsel.
c. Such Party fully understands the terms and provisions of this
Agreement and the nature and effect thereof.
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d. Such Party is relying solely upon the advice of his/her own
independently chosen counsel in executing this Agreement.
e. Such Party has not relied upon any representation or statement of
any other Party hereto, any employee or agent of any such Party, or
counsel for any other Party in executing this Agreement
Executed by the Parties hereto this . day of , 1997.
CITY OF YAKIMA EMPLOYEE
R A. Zais, Jr., City Manager
ATTEST: YAKIMA POLICE PATROLMAN'S
ASSOCIATION
City Clerk President
Contract No.
Resolution No. Secretary
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I L
For Meeting Of 9/2/97
ITEM TITLE: Consideration of a Resolution Authorizing Execution of an Amendment to
the 1995-1997 Collective Bargaining Agreement Between the City of Yakima
and Yakima Police Patrolmans Association (YPPA)
SUBMITTED BY: Don Blesio, Police Chief
CONTACT PERSON/TELEPHONE: Don Blesio, x6211
Paul McMurray, x6030
Sheryl M. Smith, x6090
SUMMARY EXPLANATION:
The attached resolution authorizes an amendment to the 1995-1997 collective bargaining
agreement with the Yakima Police Patrolmans Association. This amendment has resulted from
Ilitthe collective bargaining process and establishes a special pay provision within the current
ollective bargaining agreement for security detail assignments at Kiwanis Park as needed by the
ity of Yakima Parks and Recreation Division.
Resolution X Ordinance Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the Collective
Bargaining Agreement.
II/BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: