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HomeMy WebLinkAboutR-1997-114 1995-1997 Collective Bargaining Amendment / YPPAr • 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. • • 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 i •• 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 Page 1 of 4 �,�i,oti 1RA ies Lp 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. Page 3 of 4 �,,,i,.moi ?TPA m lin. 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 Page4of4 • 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: