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HomeMy WebLinkAboutR-2013-037 2013-2015 Collective Bargaining Agreement / Police Corrections Sergeants Unit (Teamsters 760)RESOLUTION NO. R- 2013 -037 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`h day of March 19, 2013. ATTEST- City r*; FX�01 C" Micah Cawley, ayor Teamsters Local Union #760 Contract For City of Yakima Police Corrections Sergeants January 1, 2013 — December 31, 2015 0'?'GINAL ARTICLE1 - RECOGNITION ........................................................................... ..............................1 ARTICLE 2 - UNION SECURITY /DUES CHECKOFF ........................................... ..............................1 ARTICLE 3 - RIGHTS OF PARTIES ........ : ........................... . .............................................................. 3 ARTICLE 4 -WAGES AND BENEFITS .............................................................. ..............................5 ARTICLE5 - HOLIDAY PAY ............................................................................. ..............................7 ARTICLE 6 -VACATION LEAVE ..............................: ........................................ ..............................7 ARTICLE7 - SICK LEAVE .........................................:...................................... ..............................7 ARTICLE8 - HEALTH CARE ............................................................................. ..............................8 ARTICLE 9 - GRIEVANCE PROCEDURE ' ARTICLE 10 - WORK WEEK, AND HOURS OF WORK ...................................... .............................10 ARTICLE11 -UNION LEAVE ........................................................................... .............................11 ARTICLE 12 - RETIREE HEALTH CARE BENEFITS ............................................. .............................11 ARTICLE 13 - SAVINGS CLAUSE ...........................................'............................ .............................12 ARTICLE 14 -TERM OF AGREEMENT ............................................................. .............................12 PREAMBLE This agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Yakima hereinafter known as the "Employer" and the Yakima 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 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 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 submitted a written request to the Police Chief and approval has been granted prior to engaging in such employment. Approval will be granted if the employment does not: A. Utilize Employer resources; B. Create undue financial obligations for the Employer; C. Interfere with proper performance of assigned duties; or D. Create a conflict of interest. 3.3.3 The Employer retains all of the Employer's rights to correct or discipline an employee for 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 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 Wages: s 0% base wage increase — 01/01/2013 — 12/31/2015 • 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. 4.2 Life Insurance: The City shall pay in full the premium for a group life insurance policy with a maximum benefit of one hundred thousand dollars ($100,000.00) up to the date of retirement or 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: Employees will receive 5% shift differential for all hours worked between 6:00 PM and 6:00 AM weekdays and anytime on Saturday or Sunday. 4.4 Call Back Pay: Effective 02/01/2013, employees who are called back to work, and the call back is not in conjunction with 2 hours prior or after their regular shift, shall be paid a minimum of two (2) hours pay at the rate of time and one -half (1 %). If call back is within two (2) hours it will be a continuation of the shift. 4.5 Standby Pay: Effective 02/01/2013, compensation for assigned standby time is two Dollars and Fifty 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. 4.6 Footwear Allowance: Effective 03/01/2013, the city will provide an annual one - hundred and fifty dollar ($150.00) for the purchase or repair of approved footwear. 4.7 Bilingual Compensation: Employees who have Spanish bilingual capacity shall receive 3% of their base pay per month for their work in that capacity subject to prior written approval from their respective Department Head and subject to achieving a passing score on the bilingual skills examination conducted under the Charter Civil Service Rules and Regulations and 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 needed. 4.8 Firearm Purchase: The employee will enter into a personal agreement with the city to repay the cost of the 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. Corrections Sergeants Teamsters Local #760 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 Accruals: Employees will be awarded vacation time in the following manner: • 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) • 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 -Out: At the end of each year any vacation leave accumulated in excess of the equivalent of two (2) years of accruals, shall be paid to the respective employee at the rate of one 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 (75 %) of their vacation accrued during that year in order to qualify for the payment unless some or all of the employee's scheduled vacation leave use for that year is cancelled and cannot be rescheduled that year, and such prevents the employee from complying with the seventy -five percent vacation leave use requirement. ARTICLE 7 — SICK LEAVE 7.1 Accrual: Upon initial employment, employees shall accrue sick leave at the rate of sixteen (16) hours for each of the first six full calendar months of service with the city, and no sick 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. 7.2 Sick Leave Exchange: Employees who have accrued more than ninety (90) days (seven hundred twenty hours) 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. 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). 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). ARTICLE 8 — HEALTH CARE Effective March 1, 2012, the members of the corrections Sergeants Unit (Union) withdrew from 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 Plan A -6 (medical trust), Northwest Administrators Dental Plan A, and Vision Plan on behalf of 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) 14.90 Total $1,045.40 The City of Yakima will increase benefit premium by a percentage equal to the average annual increase of the city's Employee Welfare benefit Program (Health Plan). 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 January 1, 2013 — December 31, 2015 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. Sergeants are considered hourly employees and are eligible for overtime 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 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 11.1 One (1) Sergeant 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. 11.2 Employees, not to exceed one (1) in number at any one time, shall be granted leave from duty with pay for Teamster affiliated Union business, such as attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least two (2) weeks prior thereto to 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 meetings for collective bargaining, labor- management, grievances, pre - 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. Executed by the parties hereto this day of 2013 Corrections Sergeants Teamsters Local #760 By: Leonard Crouch, S retary/Treasurer -5 JT2) f13 Corrections Sergeants Teamsters Local #760 January 1, 2013 — December 31, 2015 12 City of Yakima wrl!1101. WIN ,, A, n `� CITY CONTRAC r N0: d p g? -0. 1 RESOLUTION NO: -t90 ?'03 -?- t BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: March 19, 2013 55r 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 STAFF RECOMMENDATION: Adopt resolution authorizing the execution of the collective bargaining agreement BOARD/COMMISSION RECOMMENDATION: Click to download U Resolution authorizing the execution of the Teamsters Corrections Sergeants 2013 - 2015 collective bargaining ���d TEAMSTERS BENEFIT TRUST Revised 6 -15 -10 APPLICATION AND SUBSCRIBER'S AGREEMENT for the Retirement Security Plan (RSP) Only Employer: City of Yakima Police C orrPr-tinns Sergeants Address: 129 N grid St. Yakima, WA 98901 By Emplover By Union Co is a Corporation ❑ New Account ❑ Partnership ❑ Rate Change ❑ Proprietorship ❑ Contract Renewal ❑ Other ❑ Inter -Fund Transfer ❑ Phone No.: ( 509) 575 -6040 Employee Benefits Contact Person: Colleen Chaplin NOTE: THIS FORM IS FOR USE ONLY BY: 1) EMPLOYERS THAT PARTICIPATE ONLY IN THE RSP (and no other TBT Plan), or 2) EMPLOYERS THAT CURRENTLY PARTICIPATE IN A TBT PLAN FOR ACTIVE EMPLOYEES WHO ARE ADDING THE RSP. Employees covered as of the effective date of this Agreement (check all that apply): E�D(Collectively Party to a Master Agreement: ❑ Yes ❑ No. -If "yes," name of Employer Number of Collectively Bargained Employees. 3 Bargained Employees: Association. A COPY OF THE COLLECTIVE BARGAINING AGREEMENT MUST BE PROVIDED TO THE PLAN ADMINISTRATION OFFICE. ❑ Non- IF ANY NON - COLLECTIVELY BARGAINED EMPLOYEES ARE ❑ Supervisors - Number Collectively COVERED, FUND RULES REQUIRE THAT ALL EMPLOYEES IN ❑ Clericals Number Bargained THAT GENERAL CATEGORY MUST BE COVERED: ❑ Other (specify) Number Employees: Number of Non - Collectively Bargained Employees: ❑ Others: Retirees ❑ Number COBRA Participants ❑ Number Total Other Employees Covered: Current Health & Welfare Plan: ❑ TBT Plan ❑ Non -TBT Plan (specify) ,RSP ( rrent Contribution'Rate): $ EMPLOYEE ELIGIBILITY REQUIRES RECEIPT OF THE FULL CONTRIBUTION. IF THE FULL CONTRIBUTION FOR THE PLAN IS NOT RECEIVED, THE EMPLOYEE WILL NOT BE ELIGIBLE FOR BENEFITS. The undersigned Employer has entered into a collective bargaining agreement or agreements with Teamsters Local Union No under which it is required to contribute to the Trust Fund ( "Fund "), and desires to apply for acceptance as a participating Employer in the Fund. The Employer hereby adopts the Trust Agreement providing for the Teamsters Benefit Trust and agrees to be bound by its terms and by any amendments adopted in the manner provided therein. The Employer hereby grants power of attorney to the Employer Trustees now in office, and their successors, to administer the Fund as the representatives of the Employer with full authority to act for the Employer in the administration of the Fund. Commencing on the first day of �1a 1 21 3 (based on qualifying hours worked in the preceding month), the Employer shall contribute the amount specified by the Trustees to piovide post- retirement benefits in the Fund's Retirement Security Plan for each employee covered by the collective bargaining agreement and for such additional employees accepted by the Fund as participants for the term,of the agreement, pursuant to uniform rules. Contributions are due on the 1st day of the commencement month and payable no later than the 20th day of that month and each month thereafter. Refer to the Plan's Guide to Your Benefits for employee eligibility rules. The Retirement Security Plait's eligibility rules are printed on the reverse side of this form. If the Employer fails to make proper contributions on time and in the manner specified iii the Trust Agreement, the Employer understands and agrees that the Trustees may assess certain additional amounts as interest, liquidated damages, attorney's fees and other collection costs. Excess contributions paid to the Fund shall be refunded or credited only for the 36 calendar months preceding the date the Fund receives notice of the error or, if discovered through a payroll test by the Fund's accountant, the 36 calendar months preceding the last month tested. Deductions shall be made from such refunds pursuant to the rules adopted by the Trustees. The Employer hereby agrees to make available in the State of California to the Trustees or their agents, all books, records, and papers necessary to conduct an audit to verify that the required contributions have been paid. The Employer hereby agrees that in the event it withdraws from the Fund, the Fund is entitled to assess a withdrawal premium in an amount determined under the Trust Agreement. It is the purpose and intent of the parties to maintain this Subscriber's Agreement in full force and effect at all times during which the Employer is obligated, by contract or by law, to continue participation in the Fund. Accordingly, this Subscriber's Agreement shall be effective for the term of the current collective bargaining agreement between the parties and shall continue in effect during the negotiations of the parties for a successor agreement during which negotiations the Employer agrees to make contributions to the Fund in the manner provided herein. The Employer may revoke this Subscriber's Agreement by sending written notice thereof by certified mail to the Union and Fund Administrator not less than 30 days prior to the date upon which the Employer desires to make such revocation effective, which in no event shall be during the term of any collective bargaining agreement between the parties (or written extension thereto). By signing this agreement, the Employer acknowledges and agrees that it may not terminate its participation in the Fund during the life of the applicable collective bargaining agreement without the consent of the Trustees. For Teamsters Lomgl Nn 761) Union (Print or T e Name) (Signat Date: 1-7' 1.3 ure Accepted on , on behalf of the Board of Trustees of the Teamsters Benefit Trust. Union Trustee Employer Trustee DISTRIBUTION: Send the entire set to the TBT Plan Administration Office. Completed copies will be returned; yellow to Umon & pink to Employer 0 r.—�L 1i 73 %ASHINGI ON TEAMSTERS S �JdELFA.RE A'R US`' -L L��A APR 2 2013 SUBSCIUPTION AGREEMENT APR 2 2 2013 CITY P�LYA ,MMNING AGREEMENT PROVIDING FOR PAR TICIPATJO>tt IN TRUST Iniflak The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation to the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. City of Yakima Police Corrections Sergeants Teamsters LocalrNo 760 Employer Name 129 N 2nd St. Address Yakima, WA 98901 City State Zip Code COLLECTIVE. BARGAINING AGREEII/ENT The parties' Collective Bargaining Agreement is in effect from Labor Organization (Union) Name 1211 W Lincoln Ave Address Yakima, WA 98902 City State Zip Cocle January 1, 2013 1.0 December 31, 2015 ❑ New Account ❑® Renewal — Account No 1073666— Approximate No of Covered Employees INFORMATION CONCERNING TI'I'E OF EMPI OYER'S B USINESS ����' t rS `1 L 9 6 8 Employer is W Public Entity ❑ Corporation - State of ❑ Partnership ❑ Sole Proprietorship ❑ LLC If Partnership or Sole Proprietorship, provide name /s of the owner or partners. BENEFIT PLAN(S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust. on behalf of all employees for whom the Employer is requnrecl to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s) (The undersigned parties acknowledge the receipt of a copy of the Trust Operating GU]dehnes which by this reference are made a part hereof.) )YO � -4f_4 COVRAGE IN BARGAINING AGREEMENT (For renewals, list all coverages, not just changes) Monthly Rate w te Medical Plan - ❑ A ❑ B ❑ C ❑ Z $ ❑ A - $30,000 Employee /$3,000 Dependent Life /AD &D ❑ B - S15,000 Employee /$1,500 Dependent ❑ C - $5,000 Employee /S500 Dependent Weekly Time Loss OE-S500 ❑ A - $400 ❑ B - $300 ❑ C-5200 ❑ D -S, 100 $ Disability Waivers ❑ Additional 9 months Disability Waiver of Contributions - Medical only $ Domestic Partners ❑ Domestic Partners - Meclical $ Dental Plan M A ❑ B ❑ C $13050 Domestic Partners ❑ Doilies tic. Partners - Dental $ Vision Plan 0 EXT $14 90 Domestic Partners ❑ Domestic Partners - Vision $ Will there be any coverage changes before the Collective Bargaining Agreement's expiration? ❑ Yes [M-1 No If yes, attach a Subscription Agreement for each change. EFFECTIVE DATE OF CONTRIBUTIONS - A Subscription'Agreement must be submitted to advance of the effL'C /7V[' !late beLnv. Co)alribctlio1as above are of %ctive (month, veal) February 20 13 based on emj)1oi,me,71 in the prior month ImnortanG Coverfg e is ef/ective in the month following the month in which the contributions arc due based on the Trust's eligibility lag month. For avample, contributions effective April based on March enrploynrerrt will provide coverage in Mrry. r PIRA T ION OF COLLECTI VE BARG'AIPJING AGREEMENT 81-1F V1. -I t Upon expiration of tine above - referenced Collective Bargaining Agreement, the Employer agrees to continue to contribute to the Trust in the salve amount and manner as required to the Collective .Bargaining Agreement until such time as file Employer zinc] the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the 'Trust Operating Gutdehnes, or one party notifies the other ur writing (with a copy to the Trust) of its Intent to cancel such obhgallon five (5) days after receiving notice, whichever occ u.. The Trust reserves the right tv umnnedlately terminate participation In the Trust uf>on the l�ihne to execute this u any urc Subscription Agreement or to comply with the "Trust. Operating Ciuldelli]eS as amended by the "1'rus �s Iron tIm to me For Employe Foi• Union Till(�ZASSI, - _Date "H ) Title Secretary- Treasurer I)atc, 4 -1-13 ELIGIBILITY TO PARTICIPATE IN TRUST Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that-eligible employees must. have the required number of hours in a month and have the contractually requixed contributions paid on their behalf Eligibility will commence according to the Trust's lag month eligibility rule Eligibility continues as long as the employee remains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours ni a month Eligibility will end according to the Trust's policy for employees who do not have the required number of- hours and contributions ui a month and who do not qualify for an applicable extension of eligibility, if any Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pursuant to a written special agreement approved in writing by the Trustees The Trustees reserve the right to recover any and all benefits provided to meligibie individuals from either the ineligible individual receiving the benefits or the employer responsible for misreporting them (if applicable) REPORTING OBLIGATION AND CONSEQUENCES OF DELINQUENCY Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The Employer acknowledges that In the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages, Interest, attorney fees, and costs incurred in collecting the delinquent amounts. TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit, plans provided by the Trust and the rules under which employees and their dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust ni accordance with the terms of the governing Agreement and Declaration of Trust. (Trust Agreement). The Trustees retain the sole diSGI- Cti0II and authority to Interpret the terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the Trust and its benefits plans The Trustees may modify benefits or eligibility of any plan for the purpose of cost contanlment, cost management, or changes in medical technology and treatment. ML CIIANISM T'Oli .HANDLING CONTRIBUTION INCREASES The Trustees' authority shall Include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability The parties recognize that it. is the Intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan If the Collective Bargaining Agreement does not provide a mechanism for frilly funding the designated benefit plans, the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess employer contributions will be subject to the collective bargaining process ACCEPTANCE OF TRUSTAGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and any subsequent. amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust the Trustees serving on the Board of Trustees and their duly appointed successors — Provided, however, that in the event that either Section 2 or 3 of Article VII] of the Trust Agreement is amended to change or modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's dien current Collective Bargaining Agreement. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Wash' ton Teamsters Welf -e Trust. Date 1/0Z,9 SA 28 (REV 01 /13) Administrativ gent Washington Teamsters Welfare Trust MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND THE YAKIMA POLICE CORRECTIONS SERGEANTS UNIT REPRESENTED BY TEAMSTERS LOCAL #760 1. The parties to this Memorandum of Understanding, the City of Yakima and the Yakima Police Corrections Sergeants Unit Represented by Teamsters Local #760, enter this agreement to distinguish the Collective Bargaining Agreement (CBA) from the City of Yakima Municipal Code. 2. The parties Collective Bargaining Agreement (CBA) shall refer to Appendix A when the CBA addresses Ch. 2 from the Municipal Code effective November 1, 2014: Exception: Municipal Code Chapter 2.20.100 Classification Plan The most current update to this chapter shall be routinely referenced and applied to this contract. Sections where this amendment applies: • Article 4 Wages and Benefits 3. This agreement shall be effective upon signing and ratification by the Yakima City Council and the Yakima Police Corrections Sergeants Unit Represented by Teamsters Local #760. The terms of this agreement shall be incorporated into the new Collective Bargaining Agreement (CBA). City of Yakima Yakima Police Corrections Sergeants Unit Represented By Teamsters Local #760 • Tony O'Roul e, City Manager Leonard Crouch, ecretary/Treasurre 3� I q ATTEST: (OW " CITY CONTRACT NO: LPI Sonjla C1aa r -Tee, City C RESOLUTION NO: Date: I (� y 11 . .,