HomeMy WebLinkAbout03/19/2013 05E 2013-2015 Corrections Sergeants Collective Bargaining Agreement e f t
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5r
For Meeting of: March 19, 2013
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ITEM TITLE: Resolution authorizing the City Manager to execute a
Collective Bargaining Agreement between the City of
Yakima and Teamsters Local #760 Police Corrections
Sergeants Unit for January 1, 2013 - December 31, 2015.
SUBMITTED BY: Tony O'Rourke, City Manager
CONTACT Colleen Chapin, ext 6124
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The attached resolution authorizes a three year agreement with the Teamsters Local #760
for the Corrections Sergeants bargaining unit. This contract represents the result of
negotiations between the parties. The economic settlement is outlined below.
Term of Agreement 01/01/2013 - 12/31/2015
0% wage increase 2013 -2015 (3 years)
Effective February 1, 2013
$2.50 per hour for standby pay
2 hours minimum call back pay at rate of 1 1/2 if called back to facility
City to pay 2013 and future Teamsters medical premium increases (2013 $86.80 each per
month)
Effective March 1, 2013
$150.00 boot allowance
2013 compensation increase = $15,275 or 5.22%
Resolution X Ordinance Other
(specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Source: Police Department Operating Budget Phone:
APPROVED FOR 1 17
47 40
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt resolution authorizing the execution of the collective bargaining agreement
BOARD/COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
Resolution authorizing the execution of the Teamsters Corrections Sergeants 2013 - 2015 collective bargaining
agreement
Teamsters Corrections Sergeants 2013 - 2105 CBA
RESOLUTION NO. R -2013-
A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement
between the City of Yakima and the Yakima Police Corrections Sergeants
Unit for wages, hours, and working conditions for January 1, 2013 -
December 31, 2015.
WHEREAS, pursuant to Washington State law, the City and Teamsters Local #760
have been engaged in negotiations for a new collective bargaining agreement for Police
Corrections Sergeants for January 1, 2013 - December 31, 2015; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for January 1, 2013 - December 31, 2015; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for January 1, 2013 - December 31, 2015, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated collective bargaining agreement between the City of
Yakima and the Yakima Police Corrections Sergeants for wages, hours, and working
conditions for January 1, 2013 - December 31, 2015.
ADOPTED BY THE CITY COUNCIL this 19 day of March 19, 2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
Teamsters Local Union #760
Contract For
City of Yakima Police Corrections Sergeants
January 1, 2013 — December 31, 2015
ARTICLE 1 — RECOGNITION 1
ARTICLE 2 — UNION SECURITY /DUES CHECKOFF .1
ARTICLE 3 — RIGHTS OF PARTIES 3
ARTICLE 4 — WAGES AND BENEFITS .5
ARTICLE 5 — HOLIDAY PAY 7
ARTICLE 6 — VACATION LEAVE 7
ARTICLE 7 — SICK LEAVE 7
ARTICLE 8 — HEALTH CARE 8
ARTICLE 9 — GRIEVANCE PROCEDURE .8
ARTICLE 10 — WORK WEEK, AND HOURS OF WORK 10
ARTICLE 11 —UNION LEAVE 11
ARTICLE 12 — RETIREE HEALTH CARE BENEFITS ..11
ARTICLE 13 —SAVINGS CLAUSE 121 Formatted: Font: (Default) Calibri
ARTICLE 14 A TERM OF AGREEMENT ..12 Formatted: Font: (Default) Calibri
• Formatted: Font: (Default) Calibri
PREAMBLE f Formatted: Font: (Default) Calibri
Formatted: Font: (Default) Calibri
This agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by Formatted: L
and between the City of Yakima hereinafter known as the "Employer" and the Yakima Police
Corrections Sergeants Unit represented by Teamsters Local #760, hereinafter known as the
"Union" for the purpose of setting forth the wages, hours, and other terms and conditions of
employment which shall be in effect during the term of this agreement for employees included
in the bargaining unit described in Article 1 below.
ARTICLE 1— RECOGNITION
1.1 The employer recognizes the Union as the exclusive bargaining representative on
matters concerning wages, hours, and conditions of employment for all City of Yakima
Corrections Sergeants, excluding all other employees of the department.
1.2 The Union recognizes the City as the representative of the people of the City of Yakima
and agrees to negotiate only with the City through the negotiating agent or agents
officially designated by the City Manager to act on the City's behalf.
ARTICLE 2 — UNION SECURITY /DUES CHECK OFF AND MAINTENANCE OF MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered by
this Agreement who are members of the Union in good standing on the effective date of
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 1
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.
2.6 The Union agrees to defend and hold the Employer harmless from and against any and
all claims, demands, lawsuits, and /or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any employee nor
the Union shall have any claim against the Employer for any deductions made or not
made unless a claim of error is made in writing to the Employer within forty -five (45)
calendar days after the date such deductions were, or should have been made.
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 2
ARTICLE 3 — RIGHTS OF PARTIES
3.1 Employer Rights: ( Formatted: Font: Bold
Any and all rights concerned with the management of the Corrections, are exclusively
that of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations. Furthermore, the City reserves all
customary management prerogatives including, but not limited to, the right to:
A) Adopt rules for the operation of the Division and conduct of the employees
covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational goals of
the division;
C) Determine the organization, and the merits, necessity and level of activity or
service provided to the public;
D) Determine new work methods;
E) Control the Corrections Division budget;
F) Establish, regulate and administer a personnel system, in conformity with the
City Charter and Charter Civil Service Rules and Regulations and with this
agreement, which provides for all types of personnel transactions including
determining the procedures and standards for hiring, promotion, transfer,
assignment, lay off, discipline, retention and classification of positions;
G) Discipline, suspend, demote or discharge employees for just cause, which shall
be defined as compliance with the due process procedures outlined in this
agreement, as provided by the Department Rules and the Regulations of the
Charter Civil Service Commission and in conformity with this CBA;
H) Determine the methods, means, equipment, material, numbers and kinds of
personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this agreement;
J) Relieve any employee from duty due to a lack of work or insufficient funds as
provided by in the Charter Civil Service Commission Rules and Regulations and
in conformity with this agreement.
K) To perform all of the functions not otherwise expressly limited by this
agreement;
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 3
L) Take all actions necessary to carry out the mission of the City in emergencies.
M) Provided nothing in the Agreement shall be construed as a waiver of collective
bargaining rights conferred on the parties by RCW 41.56
3.2 Scope of Management Rights
The above management rights are not to be interpreted as being all inclusive, but
merely indicate the type of rights which inherently belong to the City. It is understood
that any of the rights, power and authority the City had prior to the signing of this
agreement are retained by the City. The Employer acknowledges that changes impacting
the working conditions of employees covered by this agreement may be subject to
bargaining as defined by RCW 41.56.
3.3 Employee Rights:
3.3.1 In the event an employee is subject to any legal action arising out of any actions taken ( Formatted: Font: Bold
or not taken by the employee in the performance of their duties, he /she has the right to
request representation and indemnification through his /her agency in accordance with
City policy.
3. 3.2 Employees may engage in off -duty employment provided that the employee has . ( Formatted: Font: Bold
submitted a written request to the Police Chief and approval has been granted prior to ( Formatted: Font: Not Bold
engaging in such employment. Approval will be granted if the employment does not: ( Formatted: Font: Not Bold )
A. Utilize Employer resources;
B. Create undue financial obligations for the Employer; ( Formatted: Font: Bold
C. Interfere with proper performance of assigned duties; or,
Formatted: Font: Bold
D. Create a conflict of interest. ( ( Formatted: Font: Bold
3.3.3 The Employer retains all of the Employer's rights to correct or discipline an employee for ( Formatted: Font: Bold, No underline J
off -duty conduct which has a nexus to their employment. Employees shall report all
arrests, criminal citations, and any court - imposed sanctions or conditions that may
affect their fitness for duty to the Police Chief or designee within twenty -four (24) hours
or prior to their scheduled work shift, whichever occurs first.
3.3.4 Employee will not be required to unwillingly submit to a polygraph test; provided,
however, this provision does not apply to the initial application for employment and
does not preclude a voluntary polygraph.
3.3.5 Any employee within the bargaining unit who may feel aggrieved, may seek remedy by ( Formatted: Font: Bold, No underline
the grievance procedure provided in this Agreement except as otherwise provided in
said Agreement.
3.3.5 Employees shall comply with all rules not in conflict with the expressed terms of this
Agreement, provided that the rules are in writing and reasonable notice be given of the
existence of said rules and that the rules are uniformly applied and enforced.
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 4
3.4 Any employee who becomes the subject of an internal investigation shall be notified in
writing within seventy -two (72) hours after the Department assigns an internal
investigation number unless notification may prejudice the integrity of the investigation.
Any employee shall be advised at least twenty -four (24) prior to the time of an
investigative interview, unless the exigency of the situation justifies less notice, of the
following:
A. Committing a criminal offense; and /or,
B. Misconduct that could be grounds for discipline including: termination or
discharge, demotion, suspension without pay, or written reprimand
Such notification shall be in sufficient detail to reasonably apprise him /her of the matter.
3.5 In administrative matters relating to job performance, the following shall apply:
A) Interviewing shall be completed within a reasonable time and in a reasonable manner
unless the exigency of the interview dictates otherwise;
B) Any employee who becomes the subject of an internal investigation may have legal
or union representation present during all interviews. This representation is confined to
counseling and not active participation during interviews and /or meetings;
C) Investigative interviews may be recorded by video or audio at the discretion of the
Employer. Upon request, the employee under investigation shall be provided an exact
copy of any written statement he /she has submitted and signed.
3.6 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his /her duties, the employer may require the employee to
undergo a psychological or medical examination in accordance with current standards
established by the Washington Association of Sheriff's and Police Chief's, the
International Association of Chiefs of Police, the Americans With Disabilities Act and
other applicable laws.
ARTICLE 4 — WAGES AND BENEFITS
4.1. Wage Fo rmatted : F ont : Not Bold
{ Formatted: Font: Not Bold, Underline
• 0% base wage increase — 01/01/2013 — 12/31/2015 f Formatted: Font: Not Bold
• Future wage increases will not be subject to the Pay and Compensation Adjustment
(PACA) formula outlined in Chapter 2 of the city of Yakima Municipal Code. a Formatted: Font: Not Bold
4.2 Life Insurance: Formatted: Font: Bold
Formatted: Indent: Left: 0"
The City shall pay in full the premium for a group life insurance policy with a maximum {Formatted: Underline
benefit of one hundred thousand dollars ($100,000.00) up to the date of retirement or {Formatted: Indent: Left: 0.5"
separation from service. Life Insurance benefits will be paid in accordance with the
conditions of the group policy.
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 5
4.3 Shift Differential: 4 , f Formatted: Font: Bold
I Formatted: Underline
Employees will receive 5 shift differential for all hours worked between 6:00 PM and • Formatted: Indent: Left: 0"
6:00 AM weekdays and anytime on Saturday or Sunday.
Formatted: Indent: Left: 0.5"
4.4 Call Back Pay: 4 `l Formatted: Indent: Left: 0"
Formatted: Font: Bold
Effective 02/01/2013, employees who are called back to work, and the call back is not in ( Formatted: Underline
conjunction with 2 hours prior or after their regular shift, shall be paid a minimum of [Formatted I ndent: Left: • 0.5"
two (2) hours pay at the rate of time and one -half (1 1/z). If call back is within two (2)
hours it will be a continuation of the shift.
4 Formatted: Indent: Left: 0"
4.5 Standby Pay:
Formatted: Font: Bold
_( Formatted: Underline
Effective 02/01/2013, compensation for assigned standby time is two Dollars and Fifty F Indent: Left: 0.5"
Cents ($2.50).
The determination of the need for and the assignment of standby time is the
responsibility of Management. Employees, when on standby time, are required to
maintain the same required physical and mental capacity that is required during regular
scheduled work hours and are to be reachable if called.
4 _ [ Formatted: Indent: Left: 0"
4.6 Footwear Allowance: .. f Formatted: Font: Bold
Formatted: Underline
Effective 03/01/2013, the city will provide an annual one - hundred and fifty dollar. i Formatted: Indent: Left: 0 ", Hanging: o.s"
($150.00) for the purchase or repair of approved footwear.
Formatted: Indent: Left: 0.5"
4.7 Bilingual Compensation: j Formatted: Indent: Left: 0"
t Form atted: Font: Bold
Employees who have Spanish bilingual capacity shall receive 3% of their base pay per Formatted: Font: Bold
month for their work in that capacity subject to prior written approval from their {Formatted: Underline ) '
respective Department Head and subject to achieving a passing score on the bilingual I Formatted: Font: Calibri
skills examination conducted under the Charter Civil Service Rules and Regulations and { Formatted: Indent: Left: 0.5"
administered by the Civil Service Chief Examiner. The Chief Examiner may waive this
testing requirement if the employee can demonstrate to the satisfaction of the Chief
Examiner, through documentation (i.e. court interpreter certification from the State of
Washington) that the employee has sufficient bilingual skills in the Spanish language.
Once certified and compensated for the bilingual special pay the employee can only
stop providing the service if the Department head determines the skill is no longer _ - f Formatted: Font: Calibri i
needed.
• I Formatted: Indent: Left: 0"
4.8 Firearm Purchase:
The employee will enter into a personal agreement with the city to repay the cost of the { Formatted: Indent: Left: 0.5"
AR -15 firearm, interest free, in twenty four (24) payroll deductions. If the employee
leaves employment prior to twenty four (24) months the balance of the cost will be
deducted from the final paycheck. [ Formatted Font:
Corrections Sergeants
Teamsters Local #760
I January 1, 2013 — December 31, 2015 6
ARTICLE 5 — HOLIDAY PAY
Employees covered by this agreement shall receive a bank for holiday hours January 1, of each
calendar. For eight hours shifts the bank will be eighty -eight (88) hours and ten hours shifts will
be one - hundred ten (110) hours.
ARTICLE 6— VACATION LEAVE
6.1
bccrualsi Formatted: Font: Calibri, Bold
Formatted: Font: Calibri
Employees will be awarded vacation time in the following manner:
Formatted: Font: Calibri, Underline
Formatted: Font: Calibri
• Less than 2 years of service - 8 hours per month (12 days per year) • After 2 full years - 9.33 hours per month (14 days per year) Formatted: Font: Calibri
• After 6 full years - 12 hours per month (18 days per year)
• After 10 full years - 14 hours per month (21 days per year)
• After 15 full years - 16 hours per month (24 days per year)
6.2 Vacation Leave Cash -Outs - [ Formatted: Font: Calibri, Underline
.I Formatted: Font: Calibri
At the end of each year any vacation leave accumulated in excess of the equivalent of •
Formatted: Font: Calibri, Underline
two (2) years of accruals, shall be paid to the respective employee at the rate of one
Formatted: Font: Calibri
hundred percent of the employee's base wage in effect as of December 31 of that
year: provided, however, that the employee must use at least seventy -five percent { Formatted: Indent: Left: 0 ", First line: 0"
(75 %) of their vacation accrued during that year in order to qualify for the payment Formatted: Indent: Left: 0.42 ", First line: 0"
unless some or all of the employee's scheduled vacation leave use for that year is Formatted: Font: Calibri, Superscript
cancelled and cannot be rescheduled that year, and such prevents the employee from Formatted: Font: Calibri
complying with the seventy -five percent vacation leave use requirement. Formatted: Font: Calibri
• Formatted: Indent: Left: 0 ", First line: 0"
ARTICLE 7 —SICK LEAVE
,7.1 Accrual: -{ Formatted: Font: Bold
Formatted: Underline
Upon initial employment, employees shall accrue sick leave at the rate of sixteen (16). I Formatted: Indent: Left: 0.5" ) ;
hours for each of the first six full calendar months of service with the city, and no sick Formatted: Justified, Indent: Left: 0.5"
leave shall accrue for the seventh through the twelfth full calendar months of service.
Thereafter, commencing with the thirteenth full calendar month of service, each
employee shall accrue sick leave at the rate of eight (8) hours for each full calendar
month of service. Unused sick leave may be accumulated for an unlimited maximum
period.
• Formatted: Justified
7.2 Sick Leave Exchange:
Employees who have accrued more than ninety (90) days (seven hundred twenty hours) { Formatted: Justified, Indent: Left: 0.5"
of sick leave may exchange such sick leave for bonus (additional) leave days at the rate
of three (3) days of sick leave for each additional leave day, not to exceed a total of five
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 7
added leave days annually, utilization of which would be subject to the scheduling and
approval by the department head.
tl ( Formatted: Justified
7.3 Sick Leave Cash -out:
a) Effective February 1, 2012, upon retirement the accrued sick leave up to a maximum of
one thousand (1000) hours will be sent as a contribution to a Voluntary Employee
Beneficiary Association (VEBA) account at the rate of one hundred percent (100 %) of
the current base pay to maximum of thirty -eight thousand five hundred dollars
($38,500.00).
Formatted: Justified
b) Upon termination under honorable condition other than retirement, such as layoffs for
budget reasons, resignation with proper notice and position abolition, accrued sick
leave up to a maximum of one thousand (1000) hours will be exchanged for pay at the
rate of fifty percent (50 %) of the current base wage to a maximum of eighteen thousand
seven hundred and fifty dollars ($18,750.00). Formatted: Font: Not Bold
Formatted: Indent: Left: 0.5"
ARTICLE 8 — HEALTH CARE
Effective March 1, 2012, the members of the corrections Sergeants Unit (Union) withdrew from Formatted: Font: Bold
the City of Yakima Employees' Welfare Benefit Program in accordance with the Program
documents.
Effective February 1, 2013, the City will make the following payments to the Teamsters UEBT* (Formatted: Font: Bold
Plan A -6 (medical trust), Northwest Administrators Dental Plan A, and Vision Plan on behalf of Formatted: Justified
each bargaining unit member who has at least forty (40) compensable hours in the prior month:
UEBT (A6): $ 900.00
Dental (Plan A) $ 130.50
Vision (Plan EXT) A S 14.90 Formatted: Underline
Total $1,045.40
Formatted: Font: Bold
Formatted: Font: Not Bold
The City of Yakima will increase benefit premium by a percentage equal to the average annual
I increase of the city's Employee Welfare benefit Program (Health Plan). Formatted: Font: Not Bold
ARTICLE 9 - 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.
Corrections Sergeants
Teamsters Local #760
I January 1, 2013 — December 31, 2015 8
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in writing.
Days are calendar days, and will be counted by excluding the first day and including the last day
of timelines. Transmittal of grievances, appeals and responses will be in writing. Service on the
parties is complete when delivered in person; or upon receipt by electronic mail or by the
postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal of the
grievance. Failure by the employer to comply with the timelines will entitle the Union to move
the grievance to the next step of the process.
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement or policy affecting wages,
hours, or working conditions allegedly violated and a specific description of how
each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals involved in
the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed above
is provided. Grievances that do not meet the above conditions or are otherwise unclear may be
returned by the Employer and the Union will have seven (7) calendar days to provide the
clarifying information and re- submit the grievance.
Modifications:
Alleged violations and /or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed -upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the next step.
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
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 9
Representative within fourteen (14) days of the receipt of the grievance, and respond in writing
to the Union within fourteen (14) days of the meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next step by
filing it with the Chief of Police or designee, with a copy to Human Resources, within fourteen
(14) days of the Union's receipt of the Step 1 decision. The Chief or designee will meet with the
grievant and the Union Representative within fourteen (14) days of the receipt of the appeal,
and will respond in writing to the Union within fourteen (14) days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next step by
filing it with the City Manager or designee, with a copy to Human Resources, within fourteen
(14) days of the Union's receipt of the Step 2 decision. The City Manager will respond in writing
to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter may,
within fourteen (14) calendar days, be referred by either party to expedited mediation -
arbitration. There shall be no withholding by either side of known facts or evidence, relating to a
grievance prior to arbitration. Such withholding shall result in said facts and /or evidence not
being admissible in arbitration.
Upon demand for arbitration the parties may mutually agree to an Arbitrator or if agreement
cannot be reached, both parties shall immediately petition the Federal Mediation and
Conciliation Service for the names of seven (7) arbitrators and within seven (7) calendar days
from receipt of the list, the two (2) parties shall select one (1) name from it by alternatively
crossing off a name until one (1) remains, with the grieving party striking first. This process for
selecting an arbitrator need not be followed if both parties agree on any person as an impartial
arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his /her decision
solely to the interpretation, application or enforcement of this Agreement. The arbiter shall
confine himself /herself to the precise issue submitted for arbitration, and shall have no
authority to determine any other issues not so submitted to him /her. The decision of the arbiter
shall be final and binding upon the aggrieved employee, Union and employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally by the
employer and the Union. All other costs and expenses shall be borne by the party incurring
them.
ARTICLE 10 — HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit can be
supervisory in nature. Sergeant sare considered hourly employees and are eligible for overtime Formatted: Not Highlight
after forty hours of compensation in the work week.
Employees covered by this agreement are accountable for their work product, meeting the
objectives of the organization, and are subject to the Employer's policies applicable to all
overtime - eligible employees.
Corrections Sergeants
Teamsters Local #760
I January 1, 2013 — December 31, 2015 10
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two consecutive days off;
• four (10) consecutive ten (10) hour days with three (3) consecutive days off;
• five (5) consecutive nine (9) hour days with two (2) consecutive days off, alternating
with three (3) consecutive (9) hour days and one (1) eight (8) hour day followed by three
(3) consecutive days off.
Employees shall work such days and hours as required to advance the mission of the Corrections
Division as determined by the employer. The parties acknowledge that assigned shifts may vary
based on specific assignment and needs of the department, and that historic patterns have
developed over time unique to both. Per Article 1 Section 1.1 and Article 3 Section 3.2, exigent
circumstances aside, the Employer acknowledges its obligation to bargain the effects of a
permanent change to an ongoing shift pattern.
All employees shall be scheduled to work on a regular work shift, and each work shift shall have
a regular starting and ending time. The Employer shall provide fourteen (14) calendar days
notice of a permanent change to an ongoing shift pattern.
ARTICLE 11— UNION LEAVE
11.J One (1) Sergeant shall be granted leave from duty without any loss of pay during the Formatted: Not H ighlight
pre- impasse and post- impasse period as provided in RCW 41.56, for all meetings Formatted: Not Highlight
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.
11.2, Employees, not to exceed one (1) in number at any one time, shall be granted leave . ( Formatted: Not Highlight
from duty with pay for Teamster affiliated Union business, such as attending labor Formatted: Not Highlight
conventions and educational conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at least two (2) weeks prior
thereto to Chief of the Police Department, and provided further that the total leave for
the entire bargaining unit for the purposes set forth in this section shall not exceed six
(6) days in any fiscal year.
11.3 One (1) Sergeant may be granted release time during normal working hours to attend Formatted: Not H ighlight
meetings for collective bargaining, labor- management, grievances, pre- F ormatted: No t Highlight
disciplinary /disciplinary, investigatory interviews and other meeting related to contract
administration.
ARTICLE 12 — RETIREE HEALTH CARE BENEFITS
Effective January 1, 2012, the Employer shall make contributions, subject to the procedures
stated below, as are necessary to implement the Teamsters Benefit Trust Fund's Retirement
Security Plan (RSP) (i.e. retiree medical), which provides for Health and Welfare benefits for
retired employees who qualify under the plan's enrollment rules. Future increases in the RSP as
established by the Teamsters Benefit Trust Board of Trustees during the term of this agreement
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 11
will be paid 50% by the employer and 50% from employee wage deductions. The Union agrees
to defend and hold the Employer harmless from and against any and all claims, demands,
lawsuits, orders or judgments arising from the administration and effect of this participation.
The Employer's obligation under this Agreement is limited to the payment of normal
contributions based on hours worked by unit employees.
ARTICLE 13 — 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 14 - 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, 2015.. ( Formatted: Not Highlight
Formatted: Not Highlight
Executed by the parties hereto this day of , 2013
Corrections Sergeants City of Yakima
Teamsters Local #760
By: By:
Leonard Crouch, Secretary /Treasurer Tony O'Rourke, City Manager
ATTEST:
City Clerk
Corrections Sergeants
Teamsters Local #760
January 1, 2013 — December 31, 2015 12