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01/19/2021 04H Letter of Agreement with Yakima Police Management Group (Teamsters Local 760); Extending 2019-2020 CBA 1 lyy tbxk ik� J-11111,1 °"� PP4,1 PPP g. A Pd '.l PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.H. For Meeting of: January 19, 2021 ITEM TITLE: Resolution authorizing a letter of agreement with the Yakima Police Management Group (Teamsters Local 760)to extend the January 1, 2019 - December 31, 2020 collective bargaining agreement for one additional year SUBMITTED BY: Robert Harrison, City Manager Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: The City and Teamsters Local 760 representing the Yakima Police Management Group negotiated in good faith to reach an agreement to extend the 2019-2020 CBA for one additional year. This Letter of Agreement provides for a 2.75%wage increase and a suspension of premium increase for the retiree medical provision. All other articles of the CBA remain unchanged. ITEM BUDGETED: Yes STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D resolution 1/ /2021 r Memo 2012 Y ana ement xten ion LEA 121 1/2020 r Me o 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing a letter of agreement with the Yakima Police Management Group (Teamsters Local 760) to extend the January 1, 2019 - December 31, 2020 collective bargaining agreement for one additional year. WHEREAS, pursuant to Washington State law, the City and Teamsters Local 760 have engaged in negotiations resulting in a one (1) year extension of the January 1, 2019 - December 31, 2020 collective bargaining agreement for Police Management Group. This extension will be for January 1, 2021 - December31, 2021; and WHEREAS, the Teamsters Local 760 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 letter of agreement to allow for a contract extension for January 1, 2021 - December 31, 2021; 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 letter of agreement for January 1, 2021 - December 31, 2021, 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 letter of agreement between the City of Yakima and the Yakima Police Management Group for January 1, 2021 - December 31, 2021. 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 19th day of January, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk GENERAL TEAMSTERS, FOOD PROCESSING EMPL30YEES Leonard Crouch1 Secretary/Treasurer PUBLIC EMPLOYEES, WAREHOUSEMEN and HELPERS LOCAL UNION NO. 760 Affiliated with 01"4'wo-;4;47 INTERNATIONAL BROTHERHOOD OF TEAMSTERS 2:1:4* II, GENERAL OFFICE:1211 WEST LINCOLN • (509)452-7194 • FAX(509)452-7354 • YAKIMA,WASHINGTON 98902 AREA OFFICES: 1737 N.WENATCHEE AVE,STE.F • (509)667-7760 • WENATCHEE,WASHINGTON 98801 514 WESTTHIRD • (509)765-7460 • MOSES LAKE,WASHINGTON 98837 LETTER OF AGREEMENT This Letter of Agreement, entered between the City of Yakima and Teamsters Local 760, representing the Captains and Lieutenants of the Yakima Police Department, amends the existing and current Collective Bargaining Agreement for the purpose of extending the Agreement for one additional calendar year. The following sections of the Bargaining Agreement are amended and in full-force and effect upon ratification and signature by both parties. ARTICLE 8 — HEALTH AND WELFARE; RETIREEE HEALTH CARE BENEFTIS is amended and shall read: This article applies to all Lieutenants, Captains, and Deputy Chief(s). 8.1 The City will pay premiums to the Teamsters UEBT Plan A-6 (medical trust), Washington Teamsters Welfare Trust, Northwest Administrators (WTWT) Dental Plan A, and WTWT Vision Plan on behalf of each bargaining unit member who had at least (40)compensable hours in the prior month. Coverage will include employees(including Deputy Chief(s)) and their eligible dependents. Effective January 1, 2019, Employees shall contribute one hundred forty dollars ($140.00) toward the monthly contributions for these Plans. Future contribution increases to any of these plans shall be shared as follows: The City shall pay ninety percent (90%), the employees shall pay ten percent (10%). a. This article shall be effective upon ratification by both parties and the City will not provide retroactive pay for premium increases in 2019 prior to ratification of the contract. 8.2 Effective January 1, 2019, and for the term of this Agreement, the Employer shall make contributions for each employee (including Deputy Chief(s)), subject to the procedures stated below, as are necessary to implement the Teamsters Benefit Trust Fund's Retirement Security Plan (RSP) (i.e. retiree medical), which provides for Health and Welfare benefits for retired employees who qualify under the plan's enrollment rules. Effective January 1, 2019 the employer will pay the full premium for the Retirement Security Plan. All increases in the RSP as established by the Teamsters Benefit Trust Board of Trustees for 2019 and 2020 will be paid 50% by the employer and 50% from employee wage deductions. All increases for 2021 will be paid by employer. 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. 4 ARTICLE 10 -TERM OF AGREEMENT is amended and shall read: Except as provided herein, this Agreement shall be in full force and effect January 1, 2021 and continue through December 31, 2021. APPENDIX "A"—WAGES is amended and shall read: 01/01/2021 2.75% of base pay increase Except as modified herein, all other provisions and applications of the Collective Bargaining Agreement shall remain unchanged. Executed by the parties hereto this day of , 2021 Yakima Police Management Unit City of Yakima Teamsters Local 760 By: By: Leonard J. Crouch, Secretary Treasurer Robert Harrison, City Manager ATTEST: City Clerk � � � n Collective Bargaining Agreement �� ��� ������� `��m m°°=�`I N=��=I _~ *~ The City of Yakima And Teamsters LxxoaU 760 January 1, 2019- December 31, 2020 CONTENTS PREAMBLE 1~ 1 ARTICLE 1 - RECOGNITION 1 ARTICLE 2 - UNION SECURITY/DUES CHECK OFF and MAINTENANCE ofMEMBERSHIP 2 ARTICLE 3- RIGHTS OF PARTIES '~=- 2 ARTICLE 4-WAGES AND BENEFITS SEE APPENDIX "A" 5 ARTICLE 5 - GRIEVANCE PROCEDURE ^ ' 5 ARTICLE 6 -VVORK WEEK, AND HOURS OF WORK 7 ARTICLE 7 - UNION LEAVE °",°., 8 ARTICLE 0 - HEALTH AND WELFARE; RETIREE HEALTH CARE BENEFITS-..... 9 ARTICLE 0 - SAVINGS CLAUSE B ARTICLE 10 - TERM OF AGREEMENT 10 APPENDIX "A" 11 PREAMBLE This agreement is made and entered into pursuant to the provisions of RCVV Chapter 41.56 by and between the City of Yakima hereinafter known as the "Employer" and the Yakima Police Management Unit represented by Teamsters Local 760. hereinafter known as the ''Union" for the purpose of setting forth the vvm0ma, 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 I - RECOGNITION 1'1 The employer recognizes the Union as the exclusive bargaining representative on matters concerning vvegem, houro, and conditions of employment for all Yakima Police Department Captains and Lieutenants, excluding all other employees of the department. The employer recognizes the Union as the exclusive bargaining representative on � matters concerning heath care and retirement healthcare for ^faWrna Police Department ~ Deputy Chief(a). 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'o behalf. Yakima Police Management Teamsters Local rOO � January 1.2O10-December 31.cOuo ^ � � o 1.3 The Deputy Police Chief(o) shall have no voting orgrievance rights on the collective Bargaining Agreement. ARTICLE 2 — UNION SECURITY/DUES CHECK OFF AND MAINTENANCE OF MEMBERSHIP 2'1 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 nlennbeny in good standing in the Union. 2'2 The Union agrees to represent all employees within the bargaining unit without regard to Union membership. 2'3 When provided a "voluntary oheoh-oM~' authorization form furnished by the Union and signed by the employee, the Employer agrees to deduct from that employee's pay. the Union'o uniform applicable dume, initiation fee and/or service feeo, as prescribed in the "voluntary check-off' form. The full amount of monies om deducted from the employee shall monthly be forwarded to the Union by check along with an alphabetized list showing nanoaa and amounts deducted from each employee. The Union ognoeo to defend and hold the Employer harmless from and against any and all o|ainno. demands, |avvauita, orders or judgments arising from the administration and effects of this Section. 2'4 An employee may revoke his or her authorization for payroll deduction of payments to the Union by written notice to the Employer. Every effort will be mode to and the deduction effective on the first poyno||, but not later than the second payno||, after the Employer's receipt of the employee's written notice. 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 |age| 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 hornn|eoo from and against any and all o|airna' demands, |avveuito, 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 mode or not mode unless e claim of error is made in writing to the Employer within forty-five /45\ calendar days after the dote such deductions vvena' or should have been made. s ARTICLE 3— RIGHTS OF PARTIES 3'1 Employer Rights: Any and all rights concerned with the management of the Police Department are exclusively that of the Employer unless otherwise provided by the hannm of this agreement or the Police Civil Service Rules and Regulations. Furthermore, the City Yakima Police Management Teamsters Lon |nm o January 1.2O1V-December 31.o0u0 s ° ^ 7 naaan^em all customary management prerogatives ino|uding, but not limited to, the right to: AJ Adopt rules for the operation of the Department and conduct of the employees covered by this agreement; B) Eatob|iah, plan for, and direct the work force toward the organizational goals of the department; C) Determine the organizotion, and the meri1o, necessity and level of activity or service provided to the public; D) Determine new work methods; E\ Control the Police Department budget; F\ Establish, regulate and administer a personnel ayotenm, in conformity with the City Charter and Police Civil Service Rules and Regulations and with this aQreenlan1, which provides for all types of personnel transactions including determining the procedures and standards for hirin0, pronnobon, transfer, assignment, lay off' dimcip||nm, retention and classification of positions; G\ Diocip|ine, ouepend, demote or discharge employees for just oouee' which shall be defined as compliance with the due pnooaam procedures outlined in this aQneemen1, as provided by the Department Rules and the Regulations of the Police Civil Service Cmnnrnimnion and in conformity with this CBA; H) Determine the nnathodm, rneano, equipnnent, rnateria|, numbers and kinds of personnel and the job or position content necessary to accomplish departmental operations and maintain the efficiency thereof; |\ 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 Police Civil Service Commission Rules and Regulations and in conformity with this agreement. PC) 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. y@\ Provided nothing in the Agreement aho|| be construed as a waiver of collective m bargaining rights conferred on the parties by RCVV41.58 , 3'2 Scope of Management Rights The above management rights are not to be interpreted on being all ino|usive, but merely indicate the type of rights which inherently belong to the City. It is understood that any of the righto, 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 Yakima Police Management Teamsters Local 7sn u January 1.2o19—December a1.2U2O a conditions of employees covered by this agreement may be subject to bargaining as defined bvRCVV41.56. 3'3 Employee Rights: Any employee who becomes the mubiaoi of on internal investigation shall be notified in vvrUn0 within seventy-two (72) hours after the Department assigns an internal investigation number un|mme notification may prejudice the integrity of the investigation. Any employee mho|| be advised at least twenty-four (24) prior to the time of an investigative intervimvv, unless the exigency of the situation justifies |eoo noUce, of the following: A. Committing a criminal offense; and/or. B. Misconduct that could be grounds for discipline including: termination or dischaDQe, denmodon, suspension without pay, or written reprimand Such notification shall be in sufficient detail to reasonably apprise him/her of the matter. 3,3'1 An Internal Investigation shall be initiated within sixty (60) days of the Chief of Police or City Manager receiving m oonnp|aint, having knowledge or reasonably having knowledge of alleged misconduct or information reasonably sufficient to cause an internal investigation. Failure to initiate the internal investigation within sixty (00) days will result in dismissal of the internal investigation. This provision does not apply to any criminal investigation. 3'4 In administrative nla1teny relating to job pedbrnnanoa, the following shall apply: A) Interviewing shall be completed within a reasonable time and in o reasonable manner unless the exigency of the interview dictates otherwise; B\ Any employee who becomes the subject of an internal investigation may have counsel present during all interviews. This representation by counsel is confined to counseling and not active participation in the investigation; C\ Investigative interviews shall be recorded by video or audio at the discretion of the Employer. Upon nequeot, the employee under investigation shall be provided an exact copy of any written statement he/she has signed. Any video/audio recording will be made available upon request. If transcripts are Ordered by the departnlent, they will be provided to the employee. D\ Employees will not be required to unwillingly submit to a polygraph test; pnovided, hmvvever, this provision does not apply to either the initial application for employment or ' to persons in the field of public |avv enforcement who are seeking a promotion to a position outside the bargaining unit, as defined in the recognition clause. Pnovided, also, an employee may stipulate to a polygraph after Union consultation if that employee is suspected of involvement in criminal activity or other activity which may neau|1 in discipline. 3'5 Where there is probable cause to believe that an employee is psychologically or medically unfit to perform hie/her duUao, the employer may require the employee to Yakima Police Management Teamsters Local 7so 4 January 1.zo13—December a1.2000 ° ~ n undergo a psychological or medical examination in accordance with current standards established by the Washington Association of Sheriffs and Police Chiefs. the International Association of Chiefs of Police, the Americans With Disabilities Act and other applicable |axvo. 3.6 Per Section 3.2 above, emop|myaaa covered by this bargaining unit have been engaged in a F[ondonn []rug Testing program. This program, or one substantially like it, shall mmnbnua, and employees covered by the agreement shall remain subject to the program as modified. The City retains the exclusive right to modify its random drug taadnQ program. 3'7 Any Lieutenant or Captain promoted to the rank of Deputy Chief shall retain the absolute right, in the event of a reduction in rank that is not for oouae. to "bump back" to their last held civil men/iom rank. Said ability to bump back will not be dependent on there being a current opening at the rank being bumped back to. 3'8 In the event of a reduction in rank that is not for cauoe, computation of seniority will be computed such that any time spent in a superior rank will be counted as time spent in the last held civil service rank. ARTICLE 4—WAGES AND BENEFITS SEE APPENDIX '^A" 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 vvogeo and benefits are subject to bargaining as provided by law. 4.1 Newly promoted Lieutenants and Captains will start at City of Yakima Master Pay Ordinance ''Step D^ After six months the newly promoted member will move to step ''E" of the Master Pay Ordinance. ARTICLE 5 - GRIEVANCE PROCEDURE Grievance Definition: A grievance is an alleged violation of this Collective Bargaining AoneemenL filing a Grievance: To be reviewable under this pnooeduny, a grievance must be filed in writing within thirty /30\ calendar days after the employee knew or should have known of the action or decision giving rise to the grievance. This thirty (30) 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 naepmnoea 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. Yakima Police Management Teamsters Luua|7sn 5 January 1.zn1e-December 31.zVoo ~ . . ° 10 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 0o the next step of the process. Contents: A grievance must include the following: a, /\ statement of the pertinent facts surrounding the grievance; b. The date upon which the incident occurred; C. The specific /\rtio|a and section of the Agreement or policy affecting vvagea, hours, or working conditions allegedly violated and o 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 o nnutum|k/ 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, ~ �ProcessUnq the:Grievance: Step U — If the issue is not resolved informally, the Union may present the Arimvanma, in vvhUng. to employee's supervisor with a copy to Human Resources within the thirty (3O) calendar day period described above. The responsible supervisor shall meet with the grievant and the Union Representative within thirty (30) calendar days of the receipt of the grievance and respond in writing to the Union within thirty /3O\ calendar days of the meeting. Step 11 — 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 deoignee, with a copy to Human Reemuroem, within thirty (30) s calendar days of the Union'o receipt ofthe Step 1 decision. The Chief ordesignee will meet with . the grievant and the Union Representative within thirty (30) calendar days of the receipt of the appeal and will respond in writing to the Union within thirty (30) calendar days of the meeting. Step UUU — 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 ordesignee, with a copy to Human F(esourcaa, within thirty (3O) calendar days of the Union'm receipt of the Step 2 decision. The City Manager will respond in writing to the union within thirty (30) calendar days of the receipt of the appeal. Yakima Police Management Teamsters Local r6n o January 1.uo18-December o1.2O2O ° v , 11 Step UV — If the dispute in not resolved under one of the above atepe. then the matter may, within thirty (30) calendar days, be referred by either party to expedited mediation arbitration. There shall be no withholding bv either side of known facts or evidence, relating to a grievance prior to arbitration. Such withholding aho|| naou|t 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 reGohed, both parties shall immediately petition the Federal Mediation and Conciliation Service for the nmrnee 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) nanmeino' 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 orbiter 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 interpretabon, application or enforcement of this Agreement. The arbiter shall confine hinnoe|f/hmrse|fto 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 8xpeneea, the cost ofany hearing noomo, shall be borne equally by the employer and the Union. All other costs and expenses shall be borne by the party incurring them. ARTICLE 6—WORK WEEK, AND HOURS OF WORK The parties recognize that the work performed by the members of this bargaining unit is managerial and supervisory in netuna, aa such the employees covered by the agreement are salaried and considered exempt from the Fair Labor Standards Act (FLSA) and RCW 49.46.130 because ofRCVV4Q.4G.D1O/5\(o). Employees covered by this agreement are accountable for their work ppoduot, meeting the objectives of the organization, and are subject to the Employer's policies applicable to all FL@A and RC}VV48.46.13O exempt employees. 6'1 The parties acknowledge that assigned shifts may vary based on specific assignment and needs of the department, and that hiGh»ho patterns unique to both have developed over time. Command personnel shall typically work a five day schedule Monday through Friday during normal business hours, hovvever, due to the nature of the work performed and need to oversee and evaluate areas of assigned responsibility variations to this schedule will occur and except as provided in 6.3 be|ovv, aho|| be considered as part of the normal work week. s , 6'1.1 Weekly Department Command Staff meetings shall be considered part of the work week. The exception to this being for Lieutenants assigned to a standard rotating ^10-40 Patrol Schedule and Captains and Lieutenants that are on a scheduled day off, ho|iday'a and or approved vacation. Lieutenants assigned to and working the 10-40 Patrol Schedule aho|| change their shift mo necessary to assure attendance at least once per month to the scheduled weekly Command Staff meeting. Yakima Police Management Teamsters Local 7oo r January 1.uO1e—December o1.uocn 12 6.2 Due to limited staffing within the Department, Lieutenants may be required to act in the absence of a Patrol Sergeant, when so assigned for at least four hours, the employee shall be compensated at an overtime rate of 1.5 times their annualized hourly rate for work beyond their fully worked shift. 6.3 Due to emergent nature and demands of, the work performed by the members of this unit, employees may be required to return to work as the result of an emergency. Employees required to report to work or to a crime scene in response to an emergency occurring outside of their regular workday, or on a scheduled day off, shall be allowed to flex their schedule, subject to approval, within the following thirty (30) calendar days to roughly compensate for the interruption. In the event work demands preclude the Employer from approving time off, the employee shall be compensated at their annualized hourly rate of pay for actual hours worked outside of their regular schedule in response to an incident as described above. 6.4 The Employer retains the management right to modify normal work schedules in emergency circumstances, for performance related reasons, training purposes or operational needs. 6.5 Except in the event of a force majeure, the Employer shall provide twenty-one (21) calendar days' notice of a permanent change to an ongoing shift pattern as well as endeavor to provide such notice for any temporary change in an employee work schedule. 6.6 In the event the Employer implements a policy related to the Fair Labor Standards Act (FLSA) and exceptions for FLSA exempt employees, the member of this unit shall be provided with only the provisions outlined in this Article. ARTICLE 7 — UNION LEAVE 7.1 One (1) Captain and one (1) Lieutenant 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 two (2) in number at any one time, shall be granted leave from duty with pay for 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 ten (10) days in any fiscal year. 7.3 One (1) Captain and one (1) Lieutenant 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. Yakima Police Management Teamsters Local 760 8 January 1,2019—December 31,2020 � . ~ ` 13 ARTICLE 8— HEALTH AND WELFARE; RETIREE HEALTH CARE BENEFITS This article applies toall Lieutenantm. Captains, and DeputvChief(a). � 8'1 The City will pay pnarniunnm to the Teannmbana UEBT Plan Ar6 (medical trust), Washington Teamsters Welfare Trust, Northwest Administrators (VVTVVT) Dental Plan A, and WTWT Vision Plan on behalf of each bargaining unit member who had at least (40) connpeneab|e hours in the prior month. Coverage will include employees (including Deputy Chief(o)) and their eligible dependents. Effective January 1, 2019' Employees shall contribute one hundred forty dollars /$140.00\ 1ovvard the monthly contributions for these Plans. Future contribution increases to any ofthese plans shall be shared as follows: The City shall pay ninety peroen1 (9O96). the employees shall pay ten percent (1O96). a. This article shall be effective upon ratification by both parties and the City will not provide retroactive pay for premium increases in 2019 prior to ratification of the contract. 8.2 Effective January 1, 2019, and for the term of this Agreement, the Employer shall make contributions for each employee (including Deputy Chief(e)), subject to the procedures stated be|ovv, as are necessary to implement the Teamsters Benefit Trust Fund'm - Retirement Security Plan (RSP) (i.e. retiree medical), which provides for Health and VVe|fana benefits for nobnod employees who qualify under the p|an'e enrollment rules. Effective January 1. 2018 the employer will pay the full premium for the Retirement Security Plan. Futuna increases in the RGF' as established by the Teamsters Benefit Trust Board of Trustees during the term of this agreement will be paid 5096 by the employer and 5096 from employee wage deductions. The Union agrees todefend and hold the Employer harmless from and against any and all claims, demands, |evvmui1s' 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. a. This article oho|| be effective upon ratification by both parties and the City will not provide retroactive pay for premium increases in 2019 prior to ratification of the contract. 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 inva|id, the remainder of the Agreement will remain in full force and effect. If such a finding is made, the parties agree to make s themselves available to negotiate a substitute for the invalid Article, Section or portion. Yakima Police Management Teamsters Loca|n60 e ' January 1.2n18-December n1.u02O 1 4 ARTICLE 10 - TERM OF AGREEMENT Except as provided herein, this Agreement shall be in full force and effect January 1, 2019 and continue through December 31, 2020. Executed by the parties hereto this day of 2019 Yakima Police Management Unit City of Yakima Teamsters Local 760 By: By: Leonard J. Cr oh, Secretary Treasurer M e, City onager . 9 '411W b ATTEST City Clerk 20/9 CITY CONTRACT NO' 4134/ RESOLUTION NO ()ICI-cn Yakima Police Management Teamsters Local 760 10 January 1,2019—December 31,2020 ^ 15 APPENDIX =A= WAGES 01/01/2019 2.75% of base pay increase 01/01/2020 2.7596 of base pay increase LONGEVITY PAY: Lieutenants and Captains of the City of `fahirna who are regularly and continuously employed full time, and who have completed periods of service as hereinafter met forth, shall receive compensation, called longevity poy, in addition to their regular oa|ory, according to the following eohedu|e, to be paid on the first applicable pay day following the 31ot day of December and the 30th day of June of each year: Years Of Service 'Longevity Compensation At least four(4) years and |emo than nine (9) years 1.596 of base monthly salary At least nine (Q)years and less than fourteen (14) yeorm 3.096 of base monthly salary At least fourteen (14) years and less than nineteen (19) yearo 5.5% of base monthly salary At least nineteen (19) yeora and 7.096 of base monthly salary |aoo than twenty-four(24) years Twenty-four/24\ years or more 10.0% of base monthly salary Lonaevitv Pavment at Termination, a. Upon termination of employment of anyone entitled to longevity pay, such person shall receive a longevity payment, according to the above mchedu|e, for the number of months of eligibility served by such employee from the date on which the immediately previous longevity payment was made. Such payment shall not be made for fractions of a month, and if termination of employment occurs on or before the fifteenth day of any nnmnth, that month shall not be counted as one for which longevity pay is to be nnade, and if termination of employment noouno after the fifteenth day of any nnonth, that month shall be counted as one full month for which longevity pay is to be made. b~ No longevity pay shall be paid to any employee who is discharged from employment for disciplinary reasons. ` C. Employees oowan*d by the Washington State Law Enforcement C}ffioeno' and Firefighters' Retirement System who terminate their mnnp|oynnant after disability leave and are placed on disability retirement shall receive longevity pay for the period of disability leave as provided in Chapter 41.20 of the Revised Coda of Washington. Yakima Police Management Teamsters Local rno 11 January 1.oO19—December 31.2OoO ~ ~ ~ � 16 ANNUAL LEAVE ACCURALS _ 2O5 hours annually—After 2O years ofservice 215 hours annually—After 25 years of service TmrmminaU l-eave` a. An employee, when leaving the service of the city and who has given at least two weeks' notice of his intention to |eave, shall be compensated for vacation leave earned and accumulated to the date ofseparation. b. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. VACATION SELL BACK PROGRAM Employees may ma|| back up to one-third of their annual accrued vacation. Vacation hours eligible for buy-back are those hours earned up to one-third noaxinnunn, accrued within the preceding twelve-month period. No more than one request may be made per calendar year. Accruals: Accumulation limits / annual carry-over shall continue to be two /2\ times the employee's maximum annual accrual. .HOLIDAYS WITH PAY— Effemtive 01H01/19 All members of the bargaining unit will receive a onsdi1 of hours to their holiday leave account equivalent to the number of hours of their regularly assigned shift for the ten (10) observed holidays and two (2) personal holidays. Holiday shifts shall be worked as assigned. Relevant staffing levels will be determined by the Department in accordance with operational requirements. Holiday time must be used in the calendar year in which it was credited and may not be carried over into successive calendar years. New members of the bargaining unit will receive holiday credits at the rate equivalent to the numbers of hours of their regularly assigned shift per observed ho|iday's remaining in the calendar year. Members must bescheduled to work for more than one-half(1/2) of the moonth'm shifts in order to receive holiday credit for the month in which they were promoted. An employee who uses their holiday time and leaves the Department before December 811t shall have the equivalent number of hours removed from their earned leave account or final pay ' for each observed holiday remaining in the year. °DEFERRED COMPENSATION 01/01/15- 5.596 Yakima Police Management Teamsters Looa|7sn 12 January 1.zO18-December a1.2OuO , 17 The bargaining unit will participate in m payroll deduction of one hundred dm||ora ($100.00) per month employee paid contribution to o Health Reimbursement Arrangement Voluntary Employee Beneficiary Association (HRAVEBA) account effective January 1. 2016. It is understood that all applicable |R8 rules that allow establishment and maintenance ofHRA VEBA accounts will mpp|y, including but not limited to the provision that 10096 participation is required by all members of the bargaining unit. LIFE INSURANCE.— Effective 01/01/15 $150,000 SICK LEAVE EXCHANGE � Eligible employees may exchange accrued sick leave for pay or for additional leave time as mppnopriate, in 0000ndmnoe with the options provided the emp|oyee, subject to the following provisions: 1. Upon retirement ordeath, the employee's accrued sick leave up to seven hundred and twenty (720) hours or |ema will be exchanged for pay at the rate of one hundred percent /1OOY6\ of the employee's current base pay. /a\ Annual Vote: Employee shall vote annually to determine the apportionment of hours exchanged into HRAVEBA. The vote shall occur no later than December 15m of the current year to determine the apportionment for the succeeding calendar year. The vote results shall m beconnmunicatedinxvritingtmtheemp|oyerno |eterthanOmcomber23 All changes resulting from the vote shall be binding upon the employer and the employees for the duration of the calendar year. 2.. Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to seven hundred and twenty (720) hours or |eee will be exchanged for pay at the rate of fifty percent (5096) of the employee's current base pay. Honorable termination includes layoff for budget nmaeono. ma well aa resignation with proper notice. 3, Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued seven hundred and twenty (720) hours or more subject to the following provisions: (a) Employees who have accrued more than seven hundred and twenty _ (720) hours of sick leave may exchange such sick leave for bonus (addiUono|) leave days at the rate of three (3) days mf sick leave for each ` additional leave day, not to exceed a total of one hundred (1OO) sick leave hours annually. Employees may receive compensation in lieu oftaking leave dayo, utilization of leave days would be subject tothe scheduling and approval by the Department head. Yakima Police Management Teamsters Looa|r0U 13 January 1.uO1n-December 31.unon ° 18 � 4. Eligible employees may exchange accrued sick leave as provided above at the option of the emp|oyea, subject to the following conditions and provisions: /a\ A request for such on exchange shall be made to the Director of Finance and Budget via the Department Timekeeper. All requests shall be in writing and mhmU be signed by the employee making the request. /b\ Requests will be accepted only during the first five /5\ working days of each noordh with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Payroll Administrator. Exceptions to the above will be made for termination, layoff or disability retirement. SICK LEAVE TRANSFER ' -- -- W1enmbene ohm|| be o||ovvad to participate in the Sick Leave Transfer Program as defined in the City of Yakima Municipal Code 2.40.110 - Sick Leave Transfer. CLOTHING ALLOWANCE $80 per month. Currant practice for compliance with Yakima Police Department Policy and Procedures K8anua|, Directive 6.01.01 - Non-Uniform [>naoo Standards. Employer will pay the cost mfall uniform dry cleaning. TAKE VEHICLES ' ' Lieutenants and Captains will be issued an unmarked take home police rated vehicle and shall be used in accordance with the 2018 deportment policy (Laxipm| Policy #707 - Assigned Police Vehicle Program) if changes result to the policy due to contract negotiations with YPPA, both the City & the Union agree that this provision may be reopened. EDUCATIONAL INCENTIVE: Lieutenants and Captains ohm|| be paid o monthly education incentive payment based on the following schedule: BA Degree: 3.0Y6 of their current bema pay for that month MA Degree: 4.0Y6of their current base pay for that month Education incentive pay eho|| be paid to employees only after the City has received an official transcript from the educational institution verifying the degree or credits received. In consideration for the City'a encouragement of formal education for its police managers, the . City will reimburse members for accredited college and university courses that are related to a field of study in m degree program for bachelor's degree or higher. The institutions of higher learning oho|| be accredited by o nationally recognized accrediting agency. The City will reimburse tuition, lab feao, and books (with verified invoice) at the following rates for completed course grades: A+ to A- = 90Y6 Yakima Police Management Teamsters Local 76n 14 January 1.2U19-December 31.00en ^ - ' ~ ^ 19 8+ tmB- = 7596 C+ hoC- =5096 Grades less than C- or equivalent, will not be eligible for reimbursement. Costs subject ho the above conditions shall bm recognized and reimbursable if incurred from 07/01/2013. Members receiving reimbursement for education agree to remain in their position with the Yakima Police Department (or promotion)for a minimum cf twenty-four/24\ months beyond the graduation of their academic degree or the completion of the last reimbursed class. If departure io anticipated to occur prior to twenty-four months, the City and Union shall meet to determine xvhat, if any, pro nata is appropriate. PATROL RIFLES The City and Union agree to the phased acquisition mfAR-15 rifles for employees electing to purchase such rifles. The cost of the purchase shall be repaid by the Lieutenants and Captains at 096 interest rate over two year-period in equal deductions from the employees' paycheck. Employees who terminate employment shall have the remaining unpaid balance removed from their final paycheck. Yakima Police Management Teamsters Local 7en 15 January 1.2O1V—December 31.oUuO