HomeMy WebLinkAboutR-2013-104 2013-2015 Collective Bargaining Agreement / Uniformed Transit (1122)RESOLUTION NO. R-2013-104
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement for 2013-2015 with the American Federation of State,
County and Municipal Employees (AFSCME) Local 1122 representing the
Uniformed Transit Employees bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Municipal Employees represented by the AFSCME Local resulting in the
attached proposed collective bargaining agreement for 2013 through 2015; and
WHEREAS, AFSCME Local 1122 and the City of Yakima have bargained the subject
agreement in good faith, including numerous mediation sessions through the Public Employees
Relations Commission; and
WHEREAS, the members have voted in favor of the attached proposed Collective
Bargaining Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute the
attached and incorporated Collective Bargaining Agreement between the City of Yakima and
AFSCME Local 1122 Uniformed Transit employees.
ADOPTED BY THE CITY COUNCIL this 6th day of August 2013.
ATTEST.
ya Claar Tee, City C
Micah Cawley/Mayor
fl
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I S
For Meeting of 8/6/2013
ITEM TITLE.
Resolution authorizing execution of a Collective Bargaining
Agreement with the American Federation of State, County
and Municipal Employees (AFSCME) Local 1122
representing the Uniformed Transit Employees, effective
January 1, 2013 through December 31, 2015.
SUBMITTED BY Jim Mitchell, Assistant City Attorney
SUMMARY EXPLANATION
Pursuant to negotiations between AFSCME and the City, the parties have agreed to enter into a
three year agreement, highlighted by a zero percent pay increase through 2015, implementing
annual lump sum payments, a medical insurance cost cap, and minor adjustments to standby
pay and shift differential
Resolution X Ordinance
Other (Specify)
Contract: Contract Term
Start Date. End Date
Item Budgeted Amount:
Funding Source/Fiscal
Impact:
Strategic Priority.
Insurance Required? No
Mail to
Phone
APPROVED FOR
SUBMITTAL.
City Manager
RECOMMENDATION
ATTACHMENTS.
Name
R-2013- AFSCME_Transit CBA.. 2013.20-18Aocx-,,
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NOTE THIS IS A TA PROPOSAL ONLY
LANGUAGE IS IN DRAFT FORM
LANGUAGE IS SUBJECT TO APPROVAL
FROM BOTH PARTIES (UNION & EMPLOYER}
2013 - 2015
COLLECTIVE BARGAINING AGREEMENT
Between
City
of Yakima, Washington
a
ou
DS11
ing
County an
ncil of
ty mployees
Representing
Local 1122
Uniformed Transit Employees
American Federation of State County and Municipal
Employees, AFL-CIO
Effective
January 1, 2013 through December 31, 2015
1.1
PREAMBLE
This Agreement, made and entered into by and between the City of Yakima,
Washington, hereinafter called the Employer and Council 2, Washington State Council of
County and City Employees, representing Local 1122, Bargaining Unit; Uniformed
Transit Employees, of the American Federation of State, County and Municipal
Employees, AFL-CIO, hereinafter called the Union.
WITNESSETH:
WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the
execution of collective bargaining agreements between cities and unions representing
government employees, the intent and purpose of such act being the promotion of the
continued improvement of the relationship between public employers and their employees
by providing a uniform basis for implementing. the right of employees to join labor
organizations of their own choosing and to be represented by such organizations in
matters concerning their employment relations with public employers, and
WHEREAS, the parties to this agreement recognize that benefits accrue to Union
employees of the City by virtue of union membership, and that the best interests of the
citizens of the City of Yakima are served by the City's official recognition of the Union.
NOW,
Washington, a
of promoting t
for the purpos oti the g. r efficie
Yakima, the parties hereto agree as follows:
1.56 of the
reof,
nion emplo
the gove
evised Code of
d for the purpose
s of the City, and
nt of the City of
ARTICLE 1 - RECOGNITION OF UNION - BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of the
bargaining unit consisting of all permanent REGULAR AND EXTRA BOARD Transit
Operators, Transit Dispatchers, Transit Service Workers, the Transit Project Planner, the
Transit Route Supervisor, the Transit Office Assistant DA II,TRANSIT VEHICLE
CLEANERS, and the Marketing/Program Administrator.
1.2 In accordance with RCW 41.56.050 through RCW 41.56.080, an application for
certification as exclusive bargaining representative for an appropriate unit may be filed
with the Public Employment Relations Commission during a period of not more than
ninety (90) nor less than sixty (60) days prior to the expiration date of this agreement.
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ARTICLE 2 - UNION MEMBERSHIP
2.1 Union Membership:
All employees in the bargaining unit shall, within thirty (30) days after hiring, as a
condition of employment, become members of the Union, provided that exceptions to
membership shall be subject to the provisions of RCW 41.56.122(1).
2.2 Payroll Deductions:
The City agrees to deduct Union fees, dues and other assessments by the Union
against its members within the bargaining unit from the pay of employees who authorize
the City to do so, which authorization shall be in writing and signed by each person
authorizing such deductions, and filed with the City. The Union shall notify the
Employer's Finance Director, Payroll Officer, or their designee of amounts to be deducted
from the pay of each such person. The City shall transmit to the Washington State
Council of County and City Employees, PO Box 750, Everett, Washington, 98206-0750,
the aggregate of such deductions, together with an itemized statement, on or before the
20th day of each month following the month for which deductions are made.
r
The Union a_rees to defend, indemnify and hold harmless the Ci for any loss or
damage arisin_ op: ; -his `e knoi1u�� ��� Union. It is
also agreed thaagainst the City
of
uc e or should have
riting to the City
for any deducti
within forty -II
been made.
2.3 Union Insignia:
Employees who are members of the Union, and in good standing, shall be
permitted, with the mutual agreement of Transit management, to wear while on duty, the
standard type of Union pin prescribed by their State or Lnternational organization.
ARTICLE 3 - COLLECTIVE BARGAINING
3.1 Bargaining Teams:
Collective bargaining between the parties shall be carried out by the City Manager
or his/her designee, the City Human Resources Manager or his/her designee, the Union
Staff Representative, the Union President, and four (4) additional members from each
party. No additional representatives for either party shall be allowed without the consent
of the other party. The Union Staff Representative and the City Manager shall exchange
in writing the names of the person or persons representing the respective parties for
collective bargaining purposes prior to the first bargaining session.
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3.2 Wages Hours and Working Conditions:
Where negotiable matters pertaining to wages, hours and working conditions are
fixed by various City ordinances, the City Manager shall give notice to the Secretary of
the Union with a copy to the Staff Representative of any proposed enactment or repeal of,
or any amendments to, any such ordinance applicable to members of the bargaining unit.
Such notice shall be given no less than ten (10) days prior to the first meeting of the City
Council where such ordinance is considered, and shall be in writing and contain a copy of
the ordinance proposed to be enacted or of the proposed amendment, or shall refer by
code number to any ordinance proposed to be repealed. No ordinance affecting wages,
hours or working conditions of members of the bargaining unit shall be enacted by the
City Council unless mutually agreed upon between the City Manager (or designee) and
the collective bargaining committee of the Union.
3.3 Negotiations Timetable:
Prior to the termination of this CBA, the Union and the City shall exchange
written proposals for any changes in negotiable matters pertaining to wages, hours and
working conditions sought for the subsequent year(s). Thereafter, negotiations shall be
governed by RCW 41.56.
IR' UB'
III i
Neithe i pend y .ue rel
make public d . . e duri : Pre -M-.'. on nego .t
collective bargaining agreement, unless required by law.
any news
s as the pa
ARTICLE 5 - CODE PROVISIONS
dia nor otherwise
s work towards a
The following sections of the Yakima Municipal Code are hereby incorporated by
reference and made a part of this Agreement. All sections listed shall be in accord with
the terms of this Agreement and in the event of a conflict the terms of the Agreement
shall prevail.
Section 2.20.010 - Persons Subject to Plan.
Section 2.20.020 - Content of Plan.
Section 2.20.040 - Policy for Pay Steps.
Section 2.20.050 - Policy for Present Employees Subsection A.
Section 2.20.060 - Transfer, Promotion, Reclassification, Demotion, or
Reinstatement of Employees.
Section 2.20.070 - Reduction of Salary.
Section 2.20.088 - Uniform Allowance - Special Assignment Pay, Subsections (3) and
(4).
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Section 2.20.100 - Classification Plan, Subsections A and E.
Section 2.20.110 - Compensation Plan, Subsection 1.
Section 2.24.010 - Longevity Plan - Eligibility - Restrictions, Subsections A, C, D.
Section 2.40.020 - Vacation Leave, Subsection A, Subsection 1, and Subsections B
(1), (4).
Section 2.40.030 - Sick Leave, Sections A (1), B, C, D, E.
Section 2.40.110 — Sick Leave Transfer.
Section 2.40.060 - Leave Without Pay.
Section 2.40.070 - Unauthorized Absences.
Section 2.40.080 - Holidays with Pay, Subsections A, B, C, D, E, F, G, H, K.
Section 2.40.100 - Overtime Pay, Subsections A(4).; B, C, D, E.
ARTICLE 6 -
UNION CONSTITUTION AND BYLAWS
Upon request of the City Manager or his or her designee, the Union shall promptly
furnish to the City Manager a current copy of the constitution, bylaws and any other rules
or regulations • - ion, '• •' • • any revns the
7.1 Members representing the Union, not exceeding four (4) in number, shall be paid
at the applicable rate of pay for actual time spent for all meetings between the City and
the Union for the purpose of negotiating wages, hours and working conditions, terms of
this agreement, or for processing grievances. When such meetings take place at a time
during which any such members are scheduled to be on duty, they shall be granted leave
from duty without any loss of pay. Actual time spent for meetings shall be limited to the
time spent in the meetings.
7.2 Business Leaves:
Such officers and members of the Union may be designated by the Union, not to
exceed four (4) in number at any one time shall be granted leave from duty with pay for
Union business, such as but not limited to attending labor conventions and educational
conferences, collective bargaining preparations and civil service, provided that notice of
such conventions or conferences shall be requested and approved by the Department
Head, and provided further that the total Ieave for the bargaining unit for the purpose set
forth in this section shall not exceed one hundred thirty-five (135) hours in any fiscal
year.
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7.3 Shop Stewards:
Shop stewards shall be allowed up to one (1) hour per month with pay to attend
shop stewards meeting(s) conducted during the steward's work shift. The number of
shop stewards in the bargaining unit shall be determined by a ratio of one (1) steward per
twenty (20) members in the bargaining unit. The Union shall keep the City notified of the
current shop stewards and Local Union Officers.
ARTICLE 8 - EMPLOYEE RIGHTS
8.1 Personnel Files:
Employees shall have the right, upon request, to inspect their personnel file. No
material referring to an employee's job competence or conduct shall be placed in the file
without the employee's knowledge and the opportunity to attach his or her comments. A
copy of any entry pertaining to job competence or conduct will be given to the employee.
8.2 Performance Evaluations:
The initial discussion retarding a probationa , s.ecial or annual performance
evaluation sha _ e s een a ? = ploy.— ediate rating
supervisor. T reafter ploye: ay. com i ied by a U n representative
where job co ct or d nce n i I ed in conference with
management. n -the { , d' ussio be en a to (s) and sup isor(s) regarding
job duties, ass , anr perfo . e shall t e considered 'sciplinary action
and shall not be subject to this provision. Appeals of performance evaluations shall be
made in accordance with the Charter Civil Service Commission's Rules and Regulations
and shall not be subject to the grievance procedure.
8.3 Off -Duty Actions:
Except as otherwise provided in state, federal, and local law, the City Charter, or
the Charter Civil Service Rules and Regulations, off-duty activities of an employee shall
not be cause for disciplinary action unless such activity is detrimental to the employee's
performance on the job.
8.4 Work Rules:
A) Work rules and policy shall be posted for employees and be in writing.
They shall be uniformly applied. When existing work rules, policy or
procedure are changed or new rules or procedures established, employees
whose work assignment is affected shall be notified in writing (that is
circulating memorandum) and the new rule or procedure shall be posted
prominently on appropriate bulletin boards for a period of seven (7)
calendar days before becoming effective, except for changes of an
emergency nature.
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B) Employees shall comply with all existing rules that are not in conflict with
the express items of this Agreement, provided that rules are uniformly
applied and uniformly enforced, and provided that reasonable notice has
been given of the existence of the rule.
C) Any unresolved complaint as to the reasonableness of any new or existing
rule, or any complaint involving discrimination in the application of new or
existing rules shall be resolved through the grievance procedure.
8.5 Safety and Health Committee:
The City agrees to maintain a Safety and Health Committee in accordance with
state law. Such committee shall receive and investigate complaints of unsafe or
unhealthy working conditions and shall recommend appropriate remedies to the City.
Unresolved complaints of violations of Washington Industrial Safety and Health laws
may be referred to the Washington State Department of Labor and Industries, Industrial
Safety Division, for investigation.
8.6 Union Participation:
An employee has the right to hold Union office, seek Union assistance, file a
grievance or u. •ene • gree t accoforth without
reprisal, repres •n, inti 'da 'n, prej ice, rimi
8.7 Probationary
The probationary period for promotions to all bargaining unit positions shall be
six (6) months. Effective April 1, 2006, the probationary period for new hires to all
bargaining unit positions shall be twelve (12) months, provided that probationary
employeesmay use vacation leave and are eligible for step increases after six (6) months
of employment, subject to and in accordance with all other rules, policies, the Yakima
Municipal Code, and this CBA.
ARTICLE 9 - MANAGEMENT RIGHTS
9.1 Except as specifically abridged, granted, delegated or modified by this Agreement,
including amendments, the City retains all legal and inherent exclusive rights with respect
to matters of legislative and managerial policy. Furthermore, the City reserves all
customary management prerogatives including, but not limited to, the right to:
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A) Establish, plan for, and direct the work force toward the
organizational goals of the municipal government.
B) Determine the organization, and the merits, necessity and level of
activity or service provided to the public.
C) Determine the City budget and financial policies including accounting
procedures.
D) Establish, regulate and administer a personnel system, in conformity
with the City Charter and Civil Service Rules and Regulations, 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.
E) Discipline or discharge of employees for cause as provided by the
General Rules and Regulations of the City's Charter Civil Service
Commission and in conformity with this Agreement.
F) Determine the methods, means, equipment, numbers and kinds of
personnel and the job or position content required to accomplish
governmental operations and maintain the efficiency thereof.
G) Determine and change the number and locations and types of
operations, processes and materials to be used in carrying out all City
functions.
H)
Servi
chang
Provi
I) ' e ieve any employees
funds.
J) Take all actions
emergencies.
in accorsa
nd to
rtic e 33
rom duty due to lack of work
necessary to carry out the mission
with Civil
stablish and
ork Week
or insufficient
of the City in
9.2 The above-cited management rights are not to be interpreted as being all-
inclusive, but merely indicate the type of rights which 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.
9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or
discriminatory exercise of any of the Management Rights specified hereinabove, or any
other claimed prerogative may seek their remedy by the grievance procedure provided in
the Agreement.
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ARTICLE 10
- LABOR MANAGEMENT COMMITTEE
10.1 Intent:
The City and the Union shall cooperate to provide the public with efficient and
courteous service, encourage good attendance of employees, and promote a climate of
labor relations that will aid in achieving a high level of efficiency and productivity in all
departments of City government.
10.2 Makeup:
In order to accomplish these goals, a Labor -Management Committee shall be
established consisting of three (3) Union members chosen by the Union, the Union Staff
Representative, the City Manager or his/her designee, and three (3) individuals selected
by the City Manager.
10.3 Time Frame:
The Labor -Management Committee shall schedule meetings at mutually agreeable
times, but not later than fifteen (15) working days from the date of a request for a meeting
by a party to this Agreement. Requests shall be in writing and contain the item(s) or
topic(s) at issu
10.4 Agend
At Ieas 'lir wojing d� r to t1`lting, a writt agenda shall be
mee
prepared by the pa y request ng the ing and may b : supplemente y additions made
by the other party. A final agenda shall be established and distributed to all parties at
least three (3) working days prior to the date of the meeting. Items not on the agenda
shall not be discussed at the meeting unless mutually agreed by all parties.
10.5 Resolution:
Should the Labor/Management process result in a proposed change in wages,
hours, and working conditions, the parties may pursue amendment of this Agreement in
accordance with Article 37 of this Agreement.
ARTICLE 11 - CONTRACTING WORK
The City agrees that no permanent employee shall be laid off as a direct result of
the City contracting work currently done by City Employees. The City however, retains
the right to contract work as deemed desirable or necessary by the City and reassign
employees who might otherwise be laid off as a result thereof. The City further retains
the right to lay off employees at the discretion of the City, due to lack of funds.
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ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED
12.1 Strikes:
The Union shall neither cause, encourage nor counsel employees within the
bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such
employee or employees to directly or indirectly commit any concerted acts of work
stoppage, slow -down or refusal to perform any customarily assigned duties; provided,
however, in the event the laws of the State of Washington should be changed so as to
allow the right to strike, or to substitute therefore any other right in its place, this
Agreement shall be construed so as to allow the Union to exercise any such right that is
hereafter provided by law or change of law, and the parties to this Agreement hereby
agree to be bound by the terms of any such law or change of law.
12.2 Lockouts:
The City agrees that during the term of this Agreement, there will be no lockouts.
However, a complete or partial reduction of operations for economic or other compelling
business reasons shall not be considered a lockout. In addition, if an employee is unable
to perform his or her duties because equipment or facilities are not available due to a
strike, work s _ . _ . r sl any ��� er ems y to provide
work shall not
ARTICLE 13 - REDUCTION IN FORCE
Any reduction in force shall be accomplished in accordance with reduction in
force procedures set forth in the Charter Civil Service Rules and Regulations. In the
event that it becomes necessary to amend the reduction in force procedure in the Civil
Service Rules, the City and the Union shall cooperate to develop reduction in force
procedures which shall be mutually acceptable for submission to the Civil Service
Commission.
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ARTICLE 14 - GRIEVANCE PROCEDURE
14.1 Policy:
The parties recognize that the most effective accomplishment of the work of the
City requires prompt consideration and equitable adjustments of employee grievances. It
is the desire of the parties to adjust grievances informally whenever possible, and both
supervisors and employees are expected to make every effort to resolve problems as they
arise. However, it is recognized that there may be grievances which can be resolved only
after a formal review. Accordingly, the following procedure is hereby established in
order that grievances of employees covered by this agreement may be resolved as fairly
and expeditiously as possible.
14.2 Remedies:
The Union may either grieve matters according to this Article or the Union may
appeal to the City of Yakima Charter Civil Service Commission according to the
Commission's Rules and Regulations. However, the Union may not exercise both
approaches but must choose one or other.
14.3 Definit
A) A "g
allege
ent.
tion, (plication, or
B) The term "employee" as used in this Article means a permanent or
probationary employee who is a member in good standing of the bargaining
unit or group of such employees, accompanied by a representative if so
desired.
C) The term "working day" as used in this Article means Monday through
Friday ekcluding holidays.
14.4 Special Provisions:
A) The aggrieved party and his or her chosen representative shall be granted
time off without loss of pay for the purpose of processing a grievance in
accordance with Article 7 -. BUSINESS LEAVE of this Agreement. City
employees attending hearings as a witness for the aggrieved party shall be
granted time off without loss of pay for the purpose of providing testimony,
including Civil Service Commission meetings. The aggrieved party's
representative may, after making advance notification to the relevant
Division Manager, visit the work location of employees covered by this
Agreement for the purpose of investigating a grievance. Said investigation
shall be conducted so as not to disturb the work of uninvolved employees.
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B) Grievances on behalf of one or more employees may be initiated or
pursued without the employees' consent.
C) A grievance may be entertained in or advanced to any step in the
grievance procedure if requested by one party in writing and agreed to by
the other party in writing.
D) The time limits within which action must be taken or a decision made as
specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time
must be signed by both parties involved at the step to be extended. Failure
of either party to meet the time limit or extended time limit for responses or
appeals at any step in the process shall render the decision in favor of the
other party.
14.5 Procedure:
To be reviewable under this procedure a Union grievance must be filed in writing
within thirty (30) calendar days after the action or decision giving rise to the
grievance and must comply with the following :
A) Be filed on an AFSCME Form F-29.
B) Identi
misin
agree
lication,
this labor
14.6 Step 1 — Informal Discussion with Immediate Supervisor:
Prior to filing a written grievance as described in Step 2 below, the employee shall
meet with his or her immediate supervisor to discuss the subject of dispute. If the subject
of dispute is discipline greater than a verbal reprimand, the employee shall skip Step 1
and proceed directly to Step 2. If the subject of dispute is the immediate supervisor, the
employee shall meet with his/her Division Manager to discuss the subject of dispute.
After such a meeting, the immediate supervisor or Division Manager, as the case may be,
shall investigate the relevant facts and circumstances of the grievance and provide a
written decision within ten (10) working days.
14.7 Step 2 - Written Grievance to Division Manager:
The affected employee shall pose the question of the grievance in writing to his or
her Division Manager within thirty (30) calendar days of the action or decision giving rise
to the grievance. The Division Manager shall make a separate investigation and notify
the employee in writing of his or her decision, and the reasons therefore, within fifteen
(15) working days after receipt of the employee's grievance.
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14.8 Step 3 - Written Grievance to Department Head:
If the employee is dissatisfied with the decision of his Division Manager, the
employee may submit the grievance in writing to the Department Head within fifteen (15)
working days after receipt of the Division Manager's decision. The Department Head
shall make a separate investigation and notify the employee in writing of his or her
decision, and the reasons therefore, within fifteen (15) working days after receipt of the
employee's grievance.
14.9 Step 4 - Written Grievance to City Manager:
If the employee is dissatisfied with the decision of the Department Head, the
employee may obtain a review by the City Manager by submitting a written request to the
City Manager within fifteen! (15) working days after receipt of the Department Head's
decision. The City Manager or his designee shall make such investigation and shall,
within fifteen (15) working days after receipt of the employee's request for review, inform
the employee in writing of th'e City Manager's findings and decision.
14.10 Grievance Filed by the City:
Any gr ance tl rust nion hall be redu d to writing and
submitted, no g bee made reasonably
aware of the sue, to a 'resi• t o _ •n ocal with a opy to the Staff
Representative - . on esiden mvesti: e e relevant fa and shall, within
fifteen (15) working days, provide a written decision, and the reasons therefore. If the
matter is not satisfactorily settled, an appeal may be instituted as set forth in 14.11 below.
14.11 Step 5 - Final Resolution of Grievance Disputes:
Either party to this Agreement may refer unsettled grievances to Arbitration.
A) A request for Arbitration shall be in writing and shall be submitted to the
other party not more than thirty (30) working days after the reply of the City
Manager, or the Uriion President as applies, or their designee, unless the
time shall be extended by written mutual agreement. Such request shall
identify the previously filed grievance which is the basis for the request for
Arbitration and shall set forth the issue which the party making the request
seeks to resolve.
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B) The Arbitrator may be selected by mutual agreement between the City
Manager and the Union. Alternatively, the parties may mutually request a
list of eleven (11) arbitrators from Public Employment Relations
Commission (PERC), American Arbitration Association (AAA), or Federal
Mediation and Conciliation Services (FMCS). In the event the parties
cannot agree on which agency to request a list from within fifteen (15)
working days of the request for arbitration, the parties must request a list of
eleven (11) arbitrators from PERC. Within a reasonable period of time
from the receipt of the list the parties shall alternately strike names from the
list until one (1) name remains, who shall sefve as arbitrator. The party to
strike the first name shall be determined by a coin flip.
C) The Arbitrator shall be limited to determining whether the City or the Union
has violated or failed to apply properly the terms and conditions of this
Agreement. The Arbitrator shall have no power to destroy, change, delete
from or add to the terms of this Agreement.
D) PERC rules and procedures shall govern the arbitration hearing.
E) The parties agree that the decision of the Arbitrator shall be final and
binding and implemented within thirty (30) calendar days following the
rendering of the decision.
F) The
transc
remail
includ
any, a cost of the
pa hall bear the
entation of own case,
e.
ARTICLE 15 - SOCIAL SECURITY
The City will continue to provide the employer's share of FICA (Social Security)
coverage for the employees covered in the bargaining unit.
ARTICLE 16 - EQUAL OPPORTUNITY CLAUSE
In accordance with Revised Order No. 4 implementing U.S. Executive Order
11246, "Equal Employment Opportunity Act" of 1972 and the "Vocational Rehabilitation
Act" of 1973 as amended and implementing regulations, and the "Americans with
Disabilities Act" (ADA) of 1991, it is the policy of the City of Yakima and the Union to
not discriminate against any employee or applicant for employment because of race,
color, religion, age, sex, national origin, marital status or disability.
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ARTICLE 17 — SALARIES AND DEFERRED COMPENSATION
17.1 WAGES: NO ACROSS THE BOARD WAGE ADJUSTMENTS TO
THE SALARY SCHEDULE, IN LIEU OF WAGE INCREASES THERE WILL BE
THE FOLLOWING:
EACH EMPLOYEE IN THE BARGAINING UNIT SHALL RECEIVE A
LUMP SUM PAYMENT, PAID A.S.. A . SEPARATE CHECK... FROM THE
NORMAL PAYROLL CHECK.
$2,250.00 PAYMENT . WITHIN 2 . PAYROLL CYCLES AFTER
RATIFICATION BY BOTH PARTIES, (UNION MEMBERS & CITY COUNCIL)
OF THE TA PROPOSAL,
A) 2014:
B) 2015:
17.2 Direct Deposi
The parties recognize that Direct Deposit is the most effective way of banking. All
employees shall be able to direct deposit at their own financial institution that offers this
service.
$2.500.00 FIRST PAY CYCLE AFTER JANUARY 1, 2014.
JAN ' Y 1 2015
17.3 Deferred Compensation:
Each bargaining unit member shall be paid, in accordance to that employee's
monthly salary, deferred earned compensation each month in an amount equal to a
percentage of said monthly salary as provided below. The deferred compensation
contribution is separate pay and is not part of base monthly salary as codified in the
Yakima Municipal Code Pay and Compensation Ordinance 2.20.110.
This provision is subject to the City's deferred compensation rules and regulations
and IRS regulations. The computation of retirement contributions and pension benefits
shall be governed by application state law.
A) The City will contribute three percent (3%) of each employee's base
monthly salary to a deferred compensation plan.
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ARTICLE 18 - LONGEVITY
18.1 Longevity:
Longevity Compensation shall be in accordance with Yakima Municipal Code Section
2.24.010 A as may be subsequently amended.
A) All permanent employees shall accrue longevity as follows:
Longevity Compensation
Years Service Percentage of Base Pay
At least 60 months and less than 120 months
At least 120 months and less than 180 months
At least 180 months and less than 240 months
At least 240 months and less than 300 months
At least 300 months or more
1.75%
3.5%
5.0%
6.5%
8.0%
B) Accruals shall be prorated per month on actual hours in pay status for
permanent part-time employees.
19.1 After Hours:
For employees who work a regularly scheduled shift where all or part of the shift hours
fall between 6:00 p.m. and 6:00 a.m., an additional five SIX percent (3-%) (6%) per hour
over base pay will be paid for all hours worked within the stipulated period to the nearest
one-half (1/2) hour. Persons working overtime past their normal shift will not be entitled
to payment under this Article unless all of the scheduled hours of the second shift are
worked.
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19.2 -Split Shift:
A) Transit Employees who work a split shift shall receive six percent (6%) shift
differential for fifty percent (50%) of the hours worked on any split work
day, up to twenty (20) hours per week.
B) Transit Employees iwho work a five (5) day 'work week and have one (1)
weekday off, shall receive a six percent (6%) shift differential, for twenty
(20) hours a week.
C) Transit Employees who work a four (4) day work week and have two (2)
weekdays off, shall receive a six percent (6%) shift differential, for twenty
(20) hours a week.
D) Shift differential shall be limited to thirty (30) hours per week for
employees who melt the requirements of (A & B) or (A & C).
19.3 Permanent Part Time; EXTRA BOARD TRANSIT OPERATOR:
Permanent—parme !EXTRA BOARD TRANSIT operators shall receive shift
differential pa
A) For h
B) For t our: • f wh i - comp - /gularly schelled full-time
shift they fill.
C) For partial shifts pieced together, with an unpaid time lapse of thirty (30)
minutes, or greater: shift differential shall be paid for fifty percent (50%) of
the total hours worked that day, rounded up to the nearest one-half (1/2)
hour.
D) For all additional liours worked before or after a straight eight POINT
FIVE (8._5) or ten POINT TWO. FIVE (10.25) hour shift, provided that
there is an unpaid time lapse of thirty (30) minutes or greater.
E) When workirig a regularly scheduled split shift, no additional
compensation shall be paid for extra hours worked during that day.
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ARTICLE 20 — OVERTIME AND CALL OUT
20.1 Employees who are required to work more than forty (40) hours in any work week
shall be paid one and one-half (1-1/2) times the regular rate of pay for credited time in
excess of forty (40) hours per week. Credited time shall be in fifteen (15) minute
increments. However compensatory time off at the time and one-half rate in lieu of
overtime pay may be requested by the affected employee FOR ANY EXTRA HOURS
THEY WORK, WITHIN THE WORK WEEK THAT EXCEEDS THE TOTAL
NUMBER OF HOURS IN THEIR REGULARLY SCHEDULED SHIFT AND IS
APPROVED- BY MANAGEMENT, PROVIDED THE COMPENSATORY TIME
DOES NOT EXCEED FORTY (40) HOURS ON THE DAY IT IS EARNED. In that
case, compensatory time may be taken at such time as is agreed upon by the Employer
and the employee, but may not be imposed by the Employer upon any employee who has
not reques6ted such compensatory time off
20.2
20.3
seniority. No shift shall be split more than once.
Compe
the City Mana
circumstance.
hours shall re
imum of fo (40) hours unless
ergen or other unusual
ry time in ess of forty (40)
Employees may accept any shift(s), and or shift piece(s) of available overtime by
20.4 Time spent by an employee beyond the normal working day for job-related
training classes business and/or safety meetings approved by the Division Manager shall
be considered time worked for calculation of overtime pay/compensatory time. The
employee must attend the training class or safety meeting in its entirety.
20.5 Authorized travel time spent in the performance of the job shall be considered
time worked for the calculation of overtime pay.
20.6 Due to the nature of work performed by bargaining unit employees, the Union and
the City agree that in the event an employee works beyond his or her regular shift quitting
time, that employee shall not have any meal period(s) otherwise required by law.
20.7 In the event the employee is unable to provide or obtain the meal(s) due to
location or time of day or emergency, the Division Head shall insure the employee
obtains a meal at the Employer's expense.
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20.8 Call Out Pay:
REGULAR OPERATORS:
A) A minimum of two (2) hours pay at the time and one-half (1-1/2) rate will
be paid to an employee as follows:
1) Who is requested to return to work at the completion of his or her shift
Int, or, Is called to return to work
after leaving the work site/relief point at the completion of his or her
shift AFTER THEY HAVE LEFT THE WORK SITE., OR
2) Is called to report to work prior to the start of his or her shift, or
3) Is called into work on a day off.
B) Call out time is counted from the time the employee begins work until the
employee is released from the workplace. Any time worked in excess of the
two (2) hours shall be paid at the time and one half rate.
Perma
among the pe
work overtim- . k w
seniority basis.
ava ertime a seniority basis
hers.f_ t► perm. en ispatchers not available to
be of - o othe u fled perman employees on a
20.10 Permanent Part Time Emple4=ee EXTRA BOARD TRANSIT OPERATOR Overtime:
1
Permanent Part TimelEmployec AN EXTRA BOARD TRANSIT OPERATOR
will be eligible, to receive overtime payments in accordance with Article 20 =
OVERTIME & CALL OUT only if they work more than forty (40) hours in any work
week. No overtime compensation will be paid to an employee who exceeds the regularly
scheduled work day unless such work causes the employee to work more than forty (40)
hours in the work week, INCLUDING JOB-RELATED TRAINING CLASSES,
BUSINESS AND/OR SAFETY MEETINGS APPROVED BY THE DIVISION
MANAGER. THE EMPLOYEE MUST ATTEND THE T RAINING..CLASS. OR
SAFETY MEETING IN ITS ENTIRETY.
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ARTICLE 21 - STANDBY PAY
21.1 The determination of the need for and assignment of standby time is a
responsibility of Management. Employees will have the opportunity to volunteer or
exchange for standby prior to being made a required assignment. The employee must
notify their supervisor in writing by the end of the previous shift of an exchange with
another employee for assigned standby.
21.2 Compensation for assigned standby time will be $-3.00 $4.00 per hour.
21.3 Employees on assigned standby time are required to maintain the same physical
and mental capacity that is required during regular scheduled work hours and are to be
reachable if called.
Employees
Dollars($60.00
from the Dire
bilingual skill
ARTICLE 22 - BILINGUAL PAY
who have Spanish bilingual
k in
capacity shall receive Sixty
to pr written approval
a pa ing score on the
arter Civil rvice 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.
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ARTICLE 23 - HEALTH CARE
23.1 Availability:
Employees shall participate in the City of Yakima Employees' Health Care Plan.
Eligible dependents and retirees may also participate in the Plan. Eligibility rules, types
and levels of benefits, payment of premiums through a cafeteria plan, co -payments, co-
insurance and deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the City of Yakima Employees'
Welfare Benefit Program. 1 Premium base rates shall be determined annually by the
applicable broker of record.
23.2 Employee Only Medical/Vision Coverage:
The City shall pay
medical/vision premiums.
one hundred percent (100%) of monthly employee only
23.3 Dependent Medical/,Vision Coverage:
Al EFFECTIVE JANUARY 1, 2013:FOR EMPLOYEES WHO ENROLL
ONE _ E' NT . - THFPLANS,
THE EN T P JM COTS SHALL
Ell EFFECTIVE JANUARY 1, 2014: For employees who enroll one or more
dependents in the Health Care Plans, the monthly dependent unit premium
costs shall be borne
as follows:
A) Fifty percent (50%)shall be paid by the participating employee.
•
.. - ...d by the City.
ANY INCREASE OR DECREASE IN THE TOTAL PREMIUM
COST IN 201.4-, OVER 2013. LEVELS AND IN 2015 OVER 2014.
LEVELS TO BE SHARED BETWEEN THE EMPLOYER AND
EMPLOYEE ON A FIFTY FIFTY PERCENT (50/50%) BASIS FOR
ALL _ BENEFITS! CATEGORIES EXCEPT EMPLOYEE ONLY,
-
WHICH WILL REMAIN FULLY COVERED BY THE EMPLOYER.
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23.4 Dental Insurance Coverage:
The City shall pay the premium for employee and dependent family dental
insurance.
23.5 Retiree Coverage:
A) Upon payment of the full premium as required in 23.5-D, herein, retirees
may elect to remain in the group health care plan until they reach age 65.
B) Spouses of retirees may remain in the group health care plan until they reach
age 65 or, in the case of spouses of deceased retirees, until they reach age 65
or remarry, whichever occurs first.
C) Other dependents of retirees may remain in the group health care plan as
long as they remain eligible under the provisions of the plan and until
coverage for the retiree and spouse, or, the spouse of a deceased retiree
terminates, at which time such dependent insurance coverage ceases
regardless of the age of the dependents.
D) Retirees, or spouses of deceased retirees, shall pay the full premium
(including dependents if enrolled) which shall be the same as the normal
group ,.sed e of a I e City dents as
applic .le. P i e pa . ded ion from ret' ment checks
paid t. etired : pl eir . ry.
A representative from this bargaining unit will be appointed to the Wellness
Committee. The Committee will discuss such topics as heart life programs and physical
exam coverage.
23.7 Employee Welfare Benefit Board:
A) The Union will select voting and nonvoting members to serve on the City of
Yakima Employees' Welfare Benefit Board (hereinafter referred to as the
Board) according to Article III of the City of Yakima Employees' Welfare
Benefit Program.
B) The purpose of the Board shall be to study and become informed regarding
health insurance programs including the City's modified self-funded
program; to identify perceived and real problems, and make
recommendations to the City and the Union on ways to improve and
enhance in an economical fashion the health insurance program.
C) To enable the Board to become knowledgeable and to make reasonable and
objective recommendations for change, the City agrees to the following:
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1) The City will provide complete and open disclosure of
information necessary for the Board to complete its duties
within the confines of the law and concerns for medical
confidentiality.
2) Any member(s) of the Board who for any reason steps down
as a Board member, shall be replaced by the selection
process outlined in Article III of the City of Yakima
Employees' Welfare Benefit Program.
23.8 Right of Withdrawal:
The Union shall continue to have the right to withdraw from the City of Yakima
Employees' Welfare Benefit Program by notifying the City in writing six (6) months in
advance.
ARTICLE 24 - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS
24.1 For employees who
sewage, indust hu
for inoculatio
Health.
are exposed to health hazards by direct contact with raw
or ani wastlringtoepartnient
and provide
ode the n S e of
24.2 The Ci . a ill pa ' q ed feer Ihy license/ceicate required by
the City as a con. i ion of continued emp oyment, provided however, hat reinstatement
costs that are the employee's fault shall be paid by that employee.
A) Employees may elect to renew their Commercial Drivers License (CDL)
medical certification through their regular attending physician at their own
expense or at the medical clinic authorized by the City at the City's expense.
B) The employee will sign a waiver agreeing to hold the city harmless to
liability if they purposely misrepresent or do not accurately disclose medical
conditions to their physician during the CDL medical certification process.
The employee and physician waivers are incorporated into this Agreement
as Appendix A.
24.3: As part of the City'sl Wellness Program and the City's encouragement of good
health practices, the City will reimburse the employee for the co -payments related to an
annual preventive physical examination up to One Hundred Dollars ($100.00) per
employee.
24.4 Bargaining unit members may be reimbursed up to $75.00 $100.00 per year for
work -appropriate footwear.
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ARTICLE.25 - LIFE INSURANCE
25.1 The City shall provide life insurance for bargaining unit members with a face
value of - :. . . .! ! ONE HUNDRED THOUSAND
DOLLARS ($100,000) per member. The life insurance premium shall be paid in full by
the City.
**
The amount of Life and Accidental Death and Dismemberment
Insurance reduces to sixty five percent (65%) when you reach
age 65, to fifty percent (50%) when you reach age 70 and to
thirty-five percent (35%) when you reach age 75.
25.2 Retiree Life Insurance:
Upon retirement, retirees may elect to continue their participation in the life
insurance coverage througha conversion policy. The conversion coverage policy requires
that retired em .y th�remiu --:I-. said
26.1 Annual Holidays:
The following shall be recognized and observed as paid holidays:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans' Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas December 25th
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26.2 Personal Holiday:
Permanent employees shall be entitled to eight (8) hours of personal
holiday per calendar year. Employees who work a 4/10 schedule shall be entitled
to ten (10) hours of; personal holiday per calendar year. Both are subject to the
PERSONAL HOLIDAY SHALL BE LIMITED TO 8
HOURS FOR EMPLOYEES WHO WORK MORE THAN EIGHT (8)
HOURS BUT LESS THAN A TEN (10) HOUR SHIFT, SUBJECT TO THE
FOLLOWING CONDITIONS:
A) The employee has been or is scheduled to be continuously employed by the
City for more than six (6) months, and
B)---The-employee-has given not less than fourteen (H) calendar days of written
notice to the Division Manager, provided however, the employee and the
C) Th ivisio ger o eir a • pproved the i , and
D) The e . y selectee does n e prevent t - •ansit Divisi • from providing
continued public service and does not interfere with the efficient operation of
the Transit Division, and
E) The personal day must be taken during the calendar year of entitlement or the
day will lapse except when an employee has requested a personal holiday and
the request has been denied.
F) PERSONAL HOLIDAY MUST BE USED IN ITS ENTIRETY IN ONE
SINGLE. USE. AND MAY NOT BE BROKEN INTO LESS THAN AN 8
OR 10 HOUR COMPLETE SHIFT.
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26.3 General Holiday:
A) Whenever any holiday specified by State Law falls on Saturday, the
preceding Friday shall be the holiday. Employees who work Friday in such
case shall be paid according to City Code Section 2.40.080, Subsection E.
Whenever any holiday specified by State law falls on Sunday, the following
Monday shall be the holiday. Employees who work Monday in such case
shall be paid according to City Code Section 2.40.080, Subsection E.
B) Whenever a holiday falls on a Saturday, the holiday shall be observed
Saturday or if a holiday falls on Sunday, the holiday shall be observed
Sunday for those employees regularly scheduled to work on Saturday or
Sunday.
C) Full-time employees whose regularly scheduled Friday and/or Saturday
shifts are pre-empted due to no holiday service and/or reduced holiday
service shall be compensated at pay code 10 for Friday and pay code 77 for
Saturday.
If a holiday falls on a normal day off, equivalent hours off will be granted
to be scheduled within sixty (60) days of the holiday AN EMPLOYEE'S
IN -LIEU ACCOUNT.
D)
E)
F)
Ho
Senio
to to
cle 31 -
oliday work
Ti --ha (1-1/2) .e paid hours work on a holiday
in addition to the employee's rate of pay. At the employee's option, the
premium holiday pay shall be received or the employee may be paid at
straight time with the equivalent of one and one-half (1-1/2) days being
granted off within sixty (60) days HOURS OF HOLIDAY
COMPENSATORY TIME EARNED FOR EVERY HOUR:WORKED,
IF. PROVIDED THAT ON THE DAY OF THE HOLIDAY THE
EMPLOYEES COMPENSATORY TIME ACCOUNT DOES NOT
EXCEED FORTY (40) HOURS, THAN ALL HOURS.. OF HOLIDAY
COMPENSATORY TIME MAY BE EARNED AS COMPENSATORY
TIME. IF THE EMPLOYEE'S 'COMPENSATORY TIME ACCOUNT
EXCEEDS FORTY (40) HOURS, THE HOLIDAY HOURS WORKED
MUST BE TAKEN AS OVERTIME PAY. If not specified here the
general holiday agreement applies.
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G) Employees working a 10/4 schedule shall earn ten (10) hours credit per
holiday. All other provisions of this Article will continue to apply.
ARTICLE 27 - VACATION
Employees shall be granted annual vacation pursuant to the following conditions:
27.1 All full time employees shall accrue vacation with pay as follows:
Years of Service
After one (1) full year
year,
After two (2) full years
After five (5) full years
After ten (10) full years
After fifteen
After twen
Accrual Rates
7.34 hours per month (88 hours per
40 hours may be taken after 6 months)
8.67 hours per month (104 hours per year)
10.67 hours per month (128 hours per year)
13.34 hours per month (160 hours per year)
urs per year)
2 hours per year)
Vacati - fo .erma t rt -time l�yees will b prorated based on
the difference .etween the total num s er of actua ours in pay status in the previous
month versus the total number of hours available to work in the previous month.
Accruals shall be adjusted monthly.
27.2 Employees shall be allowed to accrue a total amount of vacation time equal to the
amount which can be earned in two years.
27.3 Employees who become ill while on approved vacation may utilize sick leave for
the period of illness subject to the provisions of Article 28 - Sick Leave, Section 28.3 and
28.4 and provided the employee immediately upon becoming ill notifies the Division
Manager and, upon return to work, presents the Division Manager with a physician's
certificate stating the nature of the illness and the length of the incapacity.
27.4 USE:
Vacation leave cannot be used during the month of accrual.
A) A MINIMUM. OF ONE .POINT SEVEN-FIA'E (1.75) HOURS OF
VACATION TIME MUST BE REOUESTED.
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27.5: A VACATION BUY BACK PROGRAM:
THE EMPLOYER WOULD IMPLEMENT A VACATION BUY BACK
PROGRAM WERE THE EMPLOYEE COULD SELL BACK TO THE CITY UP
TO 1/3 OF THEIR ACCRUED VACATION LEAVE WITHIN A TWELVE (12)
MONTH PERIOD (BASED ON YOUR ANNIVERSARY DATE).
EXAMPLE:
A 10 YEAR EMPLOYEE ACCRUES 13.67 HRS PER MONTH AT 165
HOURS PER YEAR.
165 HOURS VACATION LEAVE @ 113 (.333) WOULD EQUAL 55
HOURS OF VACATION TIME PAYABLE TO YOU AT YOUR
CURRENT HOURLY RATE.
28.1 Accrual:
T
Sick leave with pay is maintained as an insurance program for salary continuation during
periods of illness, and particularly extended illness as follows:
A) All full-time employees shall accrue sick leave with pay at the rate of eight
(8) hours per month for each full calendar month of the eligible employee's
continuous service with the City. Said accrual shall be prorated for
permanent part-time employees.
B) Unused sick leave shall accumulate to a maximum of 1040 hours. Any
sick leave that would otherwise accumulate over 1040 hours for a Union
member will be . , _ ... FORFEITED.
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28.2 Use:
Sick leave cannot be used during the month of accrual.
AZ A MINIMUM OFONE I'OINT SEVEN -FIVE (1.75) HOURS OF SICK
LEAVE TIME MUST BE REQUESTED.
28.3 Permissible Use of Sick Leave:
An employee eligible for sick leave with pay shall be granted such leave for the
following reasons:
A) Personal illness or physical incapacity resulting from causes beyond
employee's control.
B) Verifiable visits by the employee and the employee's dependents enrolled in
the City of Yakima Employees' Health Care Plan to a physician or dentist
for examination and/or treatment.
C) Quarantine of employee due to exposure to a contagious disease.
The si 'urinated and
time I of Yakima
Admi _ - Po y PE / .5 and ompliance h State of
Washington Labor and Industries industrial insurance laws.
A member who is receiving industrial insurance benefits and whose
authorized leave of absence for the injury exceeds 12 -weeks covered by the
Federal Family and, Medical Leave Act shall be required to pay only the
employee's portion 'of the health insurance premium for an additional 12 -
week period. At the, end of the second 12 -week period and if the employee
has not returned to work, the employee shall be required to pay for both the
employeeand the ! City's portions of the applicable health insurance
premium.
E) To care for a child of the employee with a health condition that requires
treatment, transportation, or supervision. "Child" as used herein means a
biological, adopted, ;or foster child, a stepchild, a legal ward, or a child of a
person standing in the place of a parent ("in loco parentis" as legally
defined) who is (a) under 18 years of age or (b) 18 or older and incapable of
self-care because of a mental or physical disability.
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F) To care for a spouse, parent, parent -in-law, or grandparent of an employee
who has a serious health condition or an emergency condition. "Parent" as
used herein includes an individual who stood in the place of a parent ("in
loco parentis" as legally defined) to an employee when the employee was a
child.
G) For bereavement leave as provided in Article 30 — BEREAVEMENT
LEAVE of this Agreement.
H) For serious injury or illness to other members of employee's immediate
family constituting an emergency or crisis, provided the employee is
engaged in care/treatment, transportation, and/or supervision of the affected
individual.
The term "Immediate Family" means:
1) Spouse, children, children of spouse, spouse of children;
2) Step or foster family relationship;
3) Mother, father, brother, sister of employee or spouse;
esw eane .. eeisres
sick leave will be granted.
sehold* of tl�employee.
n .le for funera rrangements
I) Employees who have exhausted all accumulated sick leave may use
accumulated vacation leave, compensatory time, in lieu time, or their
personal holiday in lieu of sick leave subject to the requirements of all other
provisions of this Agreement (contract).
* Members of the Immediate Household means persons who
reside inthe same home, who have reciprocal and natural
and/or moral duties to and do provide support for one
another. The term does not include persons sharing the same
general house when the living style is primarily that of a
dormitory or commune.
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28.4 Requirements for All Paid Sick Leave:
A) Absence Reported:
Employees must report to the representative designated by their Division
Manager the reason for their absence as far in advance of the starting of
their scheduled work day as possible. This report shall be made no later
than five (5) minutes after the scheduled report. time.
B) Incidents Greater'Than Three Days:
Employees must keep their Division Manager informed of their condition if
their absence is of more than three (3) consecutive working days in duration.
C) Physician's Statement:
A statement by an; employee's attending physician may be required if an
absence caused by illness or injury extends beyond three (3) consecutive
working days, or for each absence, if requested by the Division Manager. If
a physician's statement is to be requested by the Division Manager, the
employee shall be so notified before his or her return to work.
D) Hon'
Empl
E) Medical Examinations:
T
Employees must peimit medical examinations as designated by the City, at
the expense of the City, and at the mutual convenience of the City and the
employee.
28.5 Enforcement of Sick Leave Provisions:
A) Failure to Comply:,
Any failure to comply with the provisions of Article 28 - Sick Leave shall be
grounds for denial of sick leave with pay or other paid leave taken in lieu of
sick leave for the period of absence.
B) Disciplinary Action:
Misrepresentation of any material fact in connection with paid sick leave or
other paid leave taken in lieu of sick leave by an employee shall constitute
grounds for disciplinary action.
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C) Oversight:
It shall be the responsibility of the Department Head or his/her designated
representative to:
1) Review all sick leave or other paid leave taken in lieu of sick
leave and approve that which complies with the provisions of
this Section and forward approved time cards to the Finance
Department. The Payroll Officer shall not certify the
payment of sick leave or other paid leave taken in lieu of sick
leave until the approved applications have been received,
except that employees still absent at the end of a pay period
may be certified for payment of sick leave or other paid leave
taken in lieu of sick leave by the Payroll Officer upon
recommendation of the Department Head as indicated by
their signing the time sheet and subject to the receipt of an
approved application for sick leave pay or other paid leave
taken in lieu of sick leave immediately upon the employee's
return to work;
Investigate any suspected abuse of sick leave or other paid
takes f sick _eve;
for er leave
of unauthori d use;
Initiate disciplinary action if, as a result of investigation, it is
determined that an employee has been guilty of willful
misrepresentation in a request for sick leave pay or other pay
taken in lieu of sick leave pay.
D) Unscheduled Sick. Leave:
1) An unscheduled sick leave incident shall be defined as any
continuous period of absence due to illness or injury. One
absence equals one incident regardless of the length of time
of absence. Any sick leave incident in which the employee
submits a statement from a health care provider verifying the
illness or injury of themselves or a family member(s) shall be
considered a scheduled absence.
2) Permanent employees shall not exceed twelve (12) incidents
of unscheduled sick leave in a calendar year. Exceeding
twelve (12) incidents may be cause for discipline.
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28.6 Sick Leave Exchange:
Any permanent employee may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the options provided the
employee, subject to the following provisions:
A) Upon Retirement
or Death:
Upon retirement or death the employee's accrued sick leave up to and
including 840 hours will be exchanged for pay at the rate of 100% of the
employee's current base pay. The maximum payment shall be $16,500.
B) Upon Termination — Up to 719.99 Hours:
Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up 1:o and including 719.99 hours
or less will be exchanged for pay at the rate of 25% of the employee's
current base pay. Honorable termination includes layoff for budget reasons,
as well as resignation with at least fourteen (14) calendar days notice. The
maximum payment shall be $7,500.
C) Upon Termination — 720 Hours or More:
Upon
death
exch
to a
inclu . _ 0 hour
s distinct fro
hours
loyee's curre
rorable termi
retirement or
more will be
base pay, up
tion includes
layoff for budget reasons, as well as resignat`on with at least fourteen (14)
calendar days notice. The maximum payment shall be $7,500.
D) Additional Vacation Days:
Employees who have accrued 720 hours or more of sick leave may
exchange such sick leave for bonus (additional) leave days at the rate of 32
hours of sick leave for each additional eight (8) hours of leave, not to
exceed a total of 40 added leave hours annually, utilization of which would
be subject to the scheduling and approval by the Department Head. No
request to exchange sick leave for vacation will be granted for less than
thirty-two (32) hours of sick leave or eight (8) hours of pay.
E) Sick Leave Exchange Procedure:
Any permanent employee may exchange accrued sick leave as provided
above, subject to the following conditions and provisions:
1) A request for such an exchange shall be made to the Finance
Director. All requests shall be in writing and shall be signed
by the employee making the request.
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Local 1122 Transit
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2) Requests will be accepted only during the first five (5)
working days of each month with exchanged leave to be
available within fifteen (15) calendar days of the date the
request is received by the office of the Finance Director.
Exceptions to the above will be made for termination, layoff
or disability retirement.
3) No exchange will be granted to an employee who has been
terminated for cause.
4) In the event of layoff, exchange requests are the
responsibility of the employee.
ARTICLE 29 - MATERNITY LEAVE
Pregnancy will be treated in accordance with the law.
30.1 Emplo ted u . d inclugee (3) days Ureavement Leave
in the event of a death in the immediate family of the employee. Employees shall discuss
the duration of the leave with the Transit Manager or his/her designee at the onset of the
leave.
A) The term "immediate family" means:
1) Spouse, children, children of spouse, spouse of children;
2) Step or foster family relationship;
3) Mother, father, brother, sister of employee or spouse;
4) Grandparent or grandchild of employee or spouse;
5) Aunt or uncle of employee or spouse
6) Any person living in the Immediate Household * of the employee.
7) In cases where an employee is responsible for funeral arrangements
bereavement leave will be granted.
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B) The employee sha 1 upon returning to work provide written documentation
of the death of the immediate family member before bereavement leave
shall be paid. This requirement may be waived by the Transit Manager or
his designee.
Members of the Immediate Household means persons who reside in
the same home, who have reciprocal and natural and/or moral duties
to and do provide support for one another. The term does not
include persons sharing the same general house when the living style
is primarily that of a dormitory or commune.
ARTICLE 31 - SENIORITY
31.1 Transit Seniority Defined:
Transit Seniority is defined as the length of time accrued in a permanent non-
exempt Civil Service Transit Classification position, subject to the provisions contained
in this Article. Seniority shall be recorded as follows: years; days; hours; and minutes.
31.2 Transit Seniority Provisions:
A) Trans Sento s .11 beg on ctual to of hire i a permanent
classi d Tran st ink, 'patio
B) Trans
actual
tions shall oly include the
C) Transit Seniority shall continue from one (1) classified Transit position to
another classified Transit position through transfer or promotion.
D) Any and all time in a leave without pay status which is not both pre -
requested and pre -approved shall be excluded from Transit Seniority.
E) Any and all time in a leave without pay status, which resulted from the
employee's failure to maintain the minimum qualifications of the position,
shall be excluded from Transit Seniority.
F) Any and all time on suspension due to a sustained disciplinary action shall
be excluded from Transit Seniority.
G) Employees who are separated from service due to a reduction in force shall
retain the Transit Seniority they held upon separation, however, no
additional Transit Seniority shall accrue during the period of separation
should rehire occur.
H) All Transit Seniority shall lapse and become void upon the expiration of the
re-employment/recall period, resignation, termination for cause, or
abandonment of position.
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31.3 Seniority Application:
Transit Seniority shall be applied to all matters of work assignments. City
of Yakima Civil Service Seniority shall be applied to all matters of reductions in
force.
31.4 Seniority Records:
A) The Operations Supervisor with the support of the Human Resources
Division shall maintain a current record of individual Transit Seniority for
each employee in the Transit Bargaining Unit.
B) The individual Transit Seniority records shall be adjusted to reflect any
periods of exclusion from seniority, with written notification to the
negatively affected employees.
C) The City shall compile from the individual records a single descending rank
order list of employees from the greatest Transit Seniority to the least
seniority. The list will be available to the Union upon request.
D) The single list of Transit Seniority shall be updated prior to and posted with
any a • . i : n -up •' • . s • markdo � bids.
E) Curre copie • f t Se ' s list hall be mai fined by the
TransDivisio an an ' •� s The of Yakima
Chart Civil i' Corn sio ity st will be av ble from the
Hum e ager u , quest.
31.5 Separability Of Service Length:
This Article sets specific parameters on the length of service for purposes of rank
order for the classified employees. It is not the intent of this Article to alter the individual
length of continuous, uninterrupted service with the City which may include temporary
and/or exempt service that the employee's vacation, sick leave, longevity, retirement, and
holiday adjustments are based on.
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ARTICLE 32 - CHANGE OF WORK STATUS
32.1 Transit seniority as defined in Article 31 — SENIORITY shall govern the bidding
for full or part time REGULAR AND EXTRA BOARD TRANSIT OPERATORS
status - - , run selection, shifts, and workweek selection by
lancnt part time REGULAR AND EXTRA BOARD
Transit Operators. All permanent REGULAR Transit Operators shall bid on all
scheduled runs and/or shifts by seniority.
32.2 To facilitate payroll operations, REGULAR AND EXTRA BOARD Transit
Operators will simultaneously bid for their full or part-time status at the same time as they
bid their work schedules.
32.3.1 Work schedules bidding shall be completed within a total time period of eighteen
(18) working days.
FT
Employees shall be scheduled to work regular hours for each work day and each
work week in accordance with the provisions established below. The City will grant time
off work for a minimum of five (5) Operators per weekday, excluding sick leave and
operators who are physically unable to perform their work duties. Management shall
determine the maximum number of employees off per day. Employees' schedules will
conform to the provisions of this Article unless specifically modified by an Addendum to
this contract.
If the current ratio of permanent full time to permanent part time REGULAR
OPERATORS TO EXTRA BOARD TRANSIT OPERATORS changes due to
significant modifications ofl service, this article may be renegotiated in accordance to
Article 37.2 (Entire Agreement).
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33.1 Meal and Rest Periods for Transit Operators:
A) Time recovery layovers shall not be considered in calculating rest period
compensation.
B) All straight, eight POINT FIVE (8.5) hour or ten (10)-heur MORE shifts
shall include a total of thirty (30) minutes of non -service rest period
compensation.
1) Straight shifts shall be considered as split shifts when filled
by more than one (1) employee and Section C below shall
apply.
C) All split, eight POINT TWO FIVE (8.25) hour or ten (10) hour MORE
shifts shall include fifteen (15) minutes of non -service rest period
compensation within each shift pieces. One (1) 15 MINUTE rest
compensation period shall be
shall-be-after-,-the-shift-split GRANTED FOR EACH 3.75 OF PAID
D) All o
minut
perio• o
s a inclu fifteen (15)
n within eac our (4) hour
E) Due to the nature of work performed by bargaining unit employees, the
Union and the City agree that employees shall not have any meal period(s)
otherwise required by law.
33.2 Transit Dispatchers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for
regular starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight (8) or ten (10)
consecutive hours within a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday and end on Sunday. It shall consist of
four (4) or five (5) consecutive days, with two (2) or three (3) days off.
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33.3
D) Shifts:
Shifts shall be assigned by mutual agreement of the Dispatchers; however,
seniority bid shall prevail where a consensus agreement cannot be reached.
E) Working Out Of Classification:
Dispatchers may stand in for Transit Operators in limited emergency
situations and break periods.
F) Uniforms:
The Employer shall provide uniforms for each Dispatcher commensurate
with current Transit Division standard issue.
Service Workers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for
regular starting and quitting times for each work day.
Empl
conse
PERI
C) Work Week:
of eight (; or ten (10)
HOUR U AID MEAL
The work week shall start on Monday, end on Sunday, and shall consist of
four (4) or five (5) consecutive days, with two (2) or three (3) days off.
D) Uniforms:
The Employer shall
provide service worker(s) 'with clean uniforms daily.
E) Foul Weather Gear:
The Employer shall provide foul weather gear such as, but not limited to,
coats, boots, and gloves for the Service Worker(s).
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Page 38
33.4 VEHICLE CLEANERS:
Al REGULAR HOURS:
THE EMPLOYER SHALL ESTABLISH EACH WORK SCHEDULE
WHICH SHALL PROVIDE FOR REGULAR STARTING AND
QUITTING TIMES FOR EACH WORK DAY.
WORK DAY:
EMPLOYEES WILL BE SCHEDULED TO A WORK DAY OF SIX
(6) OR MORE HOURS WITH A ONE HALF (112) HOUR UNPAID
MEAL PERIOD WITHIN A TWENTY-FOUR (24) HOUR PERIOD.
CZ WORK WEEK:
THE WORK_. -WEEK SHALL START ON MONDAY, END ON
SUN _ D ON OF _1 - - — VE
CON 11. r 2 fi E 3 ► AYS OFF.
MEMI
THE EMPLOYER SHALL PROVIDE VEHICLE CLEANERS WITH
CLEAN UNIFORMS DAILY.
33.5 Marketing and Program Administrator, Transit Project Planner, and Transit Office
Assistant DA II:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours.
B) Work Day:
Eight (8) or ten (10) consecutive hours with a one (1) hour unpaid meal
period within a twenty-four (24) period.
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of
four (4) or five (5) consecutive days, with two (2) or three (3) days off.
Local 1122 Transit Page 39
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33.6 Route Supervisor:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours.
B) Work Day:
Eight (8) or ten (10) hours within a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of
four (4) or five (5) consecutive or non-consecutive days, with two (2) or
three (3) days off.
D) Uniforms:
The Employer shall provide uniforms for each Route Supervisor
commensurate with current Transit Division standard issue.
33.7 Permanent Full Time REGULAR Transit Operators:
A) Regu
The ployer al�eaa � sche�ich sh,l provide for
day.
regul. .tartin: d ittin 1e o�
B) Work 1 ay:
Employees will be scheduled to a work day of eight POINT FIVE (8.5) or
ten POINT TWO FIVE (10.25) hours in a consecutive or non consecutive
hours within a twenty-four (24) period.
C) Work Week:
The work week shall start on Monday and end on Sunday; and shall consist
of five (5) consecutive or non consecutive eight POINT FIVE (8.5) hour
days, with two (2) days off or four (4) consecutive or non consecutive ten
POINT TWO FIVE (10.25) hour days with three (3) days off.
D) Uniforms:
The Employer shall provide uniforms for each Permanent Full Time
REGULAR Transit Operator commensurate with current Transit Division
standard issue.
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33.8 Permanent Part Ti.....e EXTRA BOARD Transit Operators:
A) Permanent Part Time EXTRA BOARD TRANSIT OPERATORS
Scheduled Work:
It is recognized and expected that
AN
EXTRA BOARD TRANSIT OPERATOR may be assigned work to fill-
in while permanent full time employees REGULAR TRANSIT
OPERATORS are absent due to vacation, illness, or other cause, which
may preclude the assignment of a specific work schedule and therefore they
may not be considered to have a regularly scheduled work shift. In the
event they have a regularly scheduled work shift, the following shall apply:
1) Scheduled Regular Hours:
The Employer shall establish each work schedule, which
shall provide for regular starting and quitting times for each
work day.
NSIT
all co s i s f a work r of ten
POINT TWO FIVE (10.25) hours or less and may be for
consecutive or non consecutive hours.
3) Scheduled Work Week:
The work week shall start on Monday and end on Sunday;
and shall consist of up to five (5) consecutive or non-
consecutive work days. The scheduled work week shall be
scheduled to meet the needs of the Transit Division.
Whenever possible Permanent part time employees EXTRA
BOARD TRANSIT OPERATORS shall be assigned to a
specific work schedule not requiring split days off in a
calendar week.
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B) Pe Tanen p^� time EXTRA BOARD TRANSIT_.. OPERATORS Open Work:
1) Open Regular Hours:
The Employer shall establish each work assignment which
shall provide for regular starting and quitting times for each
work day. Open work will be offered daily by seniority.
i
2) Open Work Day:
Known Leave Assignment; Previous Day Before AFTER
2:00 p.m.:
I) Full
Shits:
a) Permanent part time employees EXTRA .BOARD TRANSIT
OPERATOR may accept by seniority any full shift that is available.
b) Once
a Permanent part time
ull shift eight
X10:
EXTRA BOARD TRANSIT
ours or TEN
ill be offered that
een offered ork assignment.
Pieces of Open Work:
a) Permanent part time employees EXTRA BOARD TRANSIT
operator may by seniority accept to choose a shift piece(s) of available
open work) Open pieces of work that do not conflict may be combined
to exceed 10 hours each workday. A shift piece may be split only when
needed to reach 40 hours for the week.
B) NO PIECE OF WORK WILL BE SPLIT THAT DOES NOT
LEAVE AT LEAST 2 HOURS AVAILABLE FOR ANOTHER
OPERATOR TO WORK.
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C) IN CASE OF A PIECE OF WORK. GETTING ASSIGNED
TO TWO (2) OPEItATORS.-.._IN.. ERROR, THE REGULAR
OPERATOR WILL TAKE THE RUN AND THE EXTRA
BOARD WILL HAVE ONE. OF THE TWO OPTIONS LISTED
BELOW.
• THEY WILL BE ASSIGNED OTHER WORK TO
PERFORM FOR• THE- ASSIGNED, EQUAL TO THE
ORIGINAL HOURS FOR SAID DAY.
• THEY WILL PERFORM A TWO (2) HOUR
ASSIGNMENT AND WILL HAVE THE FIRST CHOICE
IF .. ANY.. OTHER WORK BECOMES;. =AVAILABLE
DURING. SAID DAY.
III) Scheduled Assignments Less Than 8.25 Hours:
TRANSIT
id shift of
at does not
conflict which may be combined to exceed 10.25 hours for
that workday.
IV) Extra Hours:
When all available Permanent part lime EXTRA BOARD
TRANSIT Operators have been offered a work assignment
and there is still open work, the most senior available
operator will be offered extra hours that could cause them
to work more than 10.25 hours in a workday.
V) If an employee fails to contact dispatch (and could have had
an assignment) or decides to pass up a full shift, they will
rotate to the least senior bidding position for the next day's
"same day" assignments.
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C)
3) Same Day Work Assignment:
I) Work becoming available after 2:00 p.m. the previous day
and/or piece(s) remaining from previous night's
assignments.
Il) Work is offered by following the same guidelines outlined
in (2) above to the most senior available employee who can
work the shift(s) or piece(s) without loss of service. An
employee who passes up work shall rotate to the least
senior bid position.
III) Open work that is offered to a temporary employee shall be
split to accommodate a permanent part time AN EXTRA
BOARD TRANSIT Operator who may be available to
work a portion of that shift,
4) Open Work Week:
Report:
When called to fill open work the following shall apply:
1) Accepted work report time is one (1) hour from acceptance,
and regular report rules apply.
2) Arrival within the first one-half (1/2) hour after the shift
starts will be paid from the start of the shift.
3) Arrival after the first one-half (1/2) hour from the shift start
time will he paid in quarter (1/4) hour increments rounded to
the previous quarter (1/4) hour.
the
lative hours tal forty
itho eaving a
n two (2) ho
4) All : - .. - - EXTRA. BOARD TRANSIT
Operators must submit a leave request for the day(s) they
wish to be not available (N/A). Standard leave request
procedures will be followed.
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D) Working over 40 Hours:
Permanent part time AN EXTRA BOARD TRANSIT operator may be
assigned a full shift or complete shift piece that causes their accumulative
weekly total to exceed 40 hours for the week. Such assignment shall not
exceed 0.75 hours of overtime. Such assignment will be offered only if no
other combination of shifts are available to be worked that would give
exactly 40 hours for the week.
E) Uniforms:
The Employer shall provide uniforms for each permanent part time
EXTRA BOARD TRANSIT Operator commensurate with current
Transit Division standard issue.
33.9 On Call Employees:
On Call Em
called to work
be entitled to t
are filling in.
33.10 Minim
loyees will not be scheduled for a re
other
or in
perio
nce o
prov
ular set shift, but rather, will be
1ployees will
ift for which they
scheduled
ax um Sh
No employee will be scheduled to a regular shift of less than two (2) consecutive
hours. No employee shall be scheduled to a regular shift of greater than ten POINT
TWO FIVE (10.24) hours.
33.11 Work Schedule Changes:
Any overall, long term change in work schedules will be discussed between the
Employer and the Union prior to implementation. The Employer may change the regular
starting and quitting times and the days worked in a week with five (5) work days notice
prior to the effective date of the new schedule. The five (5) work day notice may be
waived upon written mutual agreement between Management and the Union. Although
reasonable warning will be given whenever possible, the five (5) work day notice
provision will not be required for temporary individual shift assignment changes which
may be made only to cover for the absences of another employee due to termination,
resignation, vacations, or sick leave. Other than the reasons cited above, an employee's
work shift shall not be changed to avoid payment of overtime when an employee is called
to work outside that employee's regular work shift or called to work before the regular
starting time or retained to work beyond the regular quitting time.
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33.12 Emergency Situations:
The Employer shall determine when an emergency situation exists and an
emergency shall be defined as a sudden, unexpected event which creates a
situation endangering the public or employees' health and/or safety. In the case of
emergencies, management may make schedule changes as required to protect the
public or employees without discussion with the Union or notice to the
employees. However, management will endeavor to preserve employee work
schedules whenever possible.
33.13 Addenda Procedures:
Recognizing the diversity of the work force in the Bargaining Unit, the
Union and the Employer agree that other work week provisions may, from time to
time, be required for various groups of employees. It is therefore, agreed that
alternative work week provisions may be adopted. These alternative provisions
will be adopted as written Addenda to this contract and will require approval of
the City and the Union and a majority of the employees covered by the Addenda.
ARTICLE 34 —
XTRJ
OPERATOR
34.1 Teleph
EXTRA BOARD TRANSIT OPERATOR
may, as a condition of their employment, be required to have a telephone in their personal
residence so that they may be;notified if they are needed to work on a particular day.
34.2 Vacation, Sick Leave,, and Holidays:
Permanent part lime7loyccs EXTRA BOARD TRANSIT OPERATOR will
accrue vacation and sick leave and shall be compensated for holidays at the accrual rate
prescribed in this Agreement prorated to reflect the actual percentage of time worked. In
order to facilitate crediting to those accounts, permanent part-time, benefits will be
initially assigned to 50%, 75%, or 100%, as determined by the appointing authority, of
the accrual rate: Employees', benefit accruals will be adjusted monthly to reflect actual
benefit accrual rates. Holiday,andpersonal holiday time will be adjusted annually.
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ARTICLE 35 - TRADING WORK
Employees may trade work with other employees in their same classification, within the
same work week (Monday through Sunday), as long as the wage cost to the Employer
does not exceed the wage cost had the trade not occurred. TRADING WORK WILL
RE LIMITEI) TO. ONE (1.) TIME_ PER MONTH, PER REQUESTING DRIVER
ANI) A MAXIMUM OF SIX (64 TRADES PER YEAR. PER EMPLOYEE TOTAL,
WHETHER THEY ARE THE REQUESTING DRIVER OR THE DRIVER
ACCEPTING THE TRADE. ONCE. THE TRADE IS APPROVED THAT NOW.
BECOMES EACH EM PLOYEE'S NEW WORKDAY FOR .SCHEDULING
PURPOSES. The employees shall give notice, on the official form, to the Dispatcher no
later than 1:00 p.m. on the day prior to the earliest affected shift.
The Employer
"ROADEOS."
ARTICLE 36 - "ROADEO"
ARTICLE 37 - ENTIRE AGREEMENT
37.1 This Agreement constitutes the complete and entire Agreement between the
parties and neither the City nor the Union shall be bound by any requirement not
specifically stated in this Agreement or applicable Civil Service rules, provided however
that this Agreement shall be subject to such periodic modifications as may be voluntarily
agreed upon in writing by the parties during the term hereof. The parties are not bound
by the past practices or understandings of the City or the Union unless such past practices
or understandings are incorporated in this Agreement or executed in writing.
37.2 The City and the Union acknowledge that each party has had ample opportunity to submit
proposals with respect to any subject or matter regarding wages, hours, and working
conditions not removed from the collective bargaining process by law and agree that all
said proposals have been negotiated during the negotiations leading to this Agreement.
The parties further agree that negotiations will not be reopened on any item during the life
of this Agreement except by the mutual consent or as provided in R.C.W. 41.56.492.
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ARTICLE 38 - SAVINGS CLAUSE
38.1 Applicability to and Compliance with Law:
It is understood andi agreed that all provisions of this Agreement are subject to
applicable laws,, and if any provision of any Article of this Agreement is held or found to
be in conflict therewith, said Article shall be void and shall not bind either of the parties
hereto; however, such invalidity shall not affect the remaining Articles of this Agreement.
Notwithstanding any other provisions of this Agreement the parties may take all actions
reasonable to comply with the Americans with Disability Act and the Family and Medical
Leave Act. If the Washington State Health Services Act of 1993 or Federal Health Care
legislation mandates changes to the Health/Care Fringe Benefits Article of this
Agreement, then the parties agree to negotiate the effects of those mandated changes.
38.2 Effects of Charter Civil Service Rule Changes:
It is understood that, should modification of the Charter Civil Service Rules and
Regulations take place during the contract period, the parties agree the CBA will be
reopened, if requested by either party, to address each modification.
DR9AIFT
This Agreement shall be deemed effective from and after the 1st day of January,
2013 and shall terminate on December 31, 2015; provided, however, that this Agreement
shall be subject to such periodic changes or modifications as may be voluntarily and
mutually agreed upon by the parties hereto during the term hereof.
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Page 48
ARTICLE 40 - EXECUTION
EXECUTED THIS DAY OF JULY , 2013.
FOR THE UNION: FOR THE CITY OF YAKIMA:
Eddie Allen, Staff Representative
WSCCCE Council 2
Mike Nugent
Local 1122 President
Tony O'Rourke
City Manager
Reggie Oliver,
Bargaining Te
John Berg, Local 1122
Bargaining Team Member
Jim Hogenson, Local 1122
Bargaining Team Member
ATTEST:
Sonya Claar Tee
City Clerk
FT
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Appendix A
Page 1 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination
Declaration
1
MEDICAL EXAMINER DECLARATION
The City of Yakima provides paid medical examination services to all employees who
are required to have a Commercial Drivers License endorsement as an essential
function of their job. Your patient has selected to have you, their regular physician,
complete this examination, at their own expense.
I am a licens- •. • sicianl . an : •. • . t d x mination of
nt km e, o determine
their physical erci. vehicle in a rdance with the
requirements
By signing be late hat I iliar e requiremeand guidelines
developed by the Federal Motor Carrier Safety Regulations in making my determination
of qualification, as well as the driver's responsibilities and work environment outlined in
the introductory comments under "The Driver's Role" to 49 CFR 391.41.
I further declare that I have read and understand the "Instructions to the Medical
Examiner" section of 49 CFR 391.41 including both the General Information and
Interpretation of Medical Standards paragraphs.
Signature of Physician
Printed name of Physician
Date:
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Appendix A
Page 2 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Liability
Waiver
RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY,
AND HOLD HARMLESS AGREEMENT
I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid
Commercial Driver's License (CDL) in order to operate any commercial motor vehicle. I
understand that I must be physically qualified to do so in accordance with the Physical
Qualifications for Drivers standards as set forth in 49 CFR 391.31, and must obtain a
medical examiner's certificate initially and for subsequent license renewals. The City of
Yakima provides paid medical examination services for this purpose. As an alternative
to the City provided examination, I am electing to utilize my regular physician for the
screening and certificate at my own expense.
I acknowledge m obligation to fully represent all medical information to my evaluating
physician, an rat= = -- e any edical -- --i' -- — .ition to the
physician, req ted o •t, the b of - ity.
I FURTHER A 'EE T' . N', DE i JD •LD HARML .S THE CITY OF
YAKIMA, AND TE ORA 'O ED • li • LS, OFFIC S, EMPLOYEES,
AGENTS, AN r . • NTE -S FRO Y CLA ' , ■AMAGE, C• T OR LIABILITY
RESULTING FROM, OR RELATED TO, ANY INTENTIONAL MISPRESENTATION OR
ANY FAILURE TO ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT
MEDICAL INFORMATION TO MY EXAMINING PHYSICIAN.
I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if
applicable), my family, my heirs, my executors and personal representatives of my
estate, and this Release of All Claims, Waiver of Liability, and Hold Harmless
Agreement is binding on them.
I have read and understand the information in this Release of All Claims, Waiver of
Liability, and Hold Harmless Agreement.
Signature of Operator
Printed name of Operator
Date.
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