HomeMy WebLinkAbout11/05/2013 16 2013-2015 AFSCME Collective Bargaining Agreement (Transit Employees)BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 11/5/2013
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Resolution authorizing execution of 2013-2015 CBA with
AFSCME Transit
Tony O'Rourke, City Manager
Cheryl Ann Mattia, Human Resource Manager
The attached resolution authorizes ratification of a 3 -year Agreement with the AFSCME
Local 1122 Transit bargaining unit. This contract represents the result of good faith negotiations
between the parties. The 2013-2015 settlement package is outlined below:
• O% wage increase for 2013, 2014 & 2015
• Lump sum payment
o $2,250 2013
o $2,500 2014
o $2,900 2015
• Employee's medical insurance contribution will be capped at $175 for 2013. For 2014
and 2015 the increase or decrease will be split equally between union and employer for
family coverage. Employee only contribution will remain the same.
• 6% shift differential for all shifts
• $100,000 life insurance
• Stand-by pay $4 per hour
• City shall implement a vacation sell -back program wherein the employee can sell up to
1/3 of accrued annual vacation.
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:
RECOMMENDATION:
City Manager
City management and AFSCME Local 1122 recommend approval of the attached agreement.
ATTACHMENTS:
Description Upload Date
Resolution for AFSCME Transit CBA 2013 - 2015 10/31/2013
AFSCME Transit CBA 2013 - 2015 10/31/2013
Type
Resollutlion
Contract
RESOLUTION NO. R -2013-
A RESOLUTION authorizing and directing the City Manager to execute a wage and
benefit package for 2013-2015 with the American Federation of State,
County and Transit Employees (AFSCME) Local 1122 representing the
Municipal 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 wage and benefit package for 2013 through 2015; and
WHEREAS, AFSCME Local 1122 and the City of Yakima have bargained the subject
agreement in good faith;
WHEREAS, the members have voted in favor of the attached proposed wage and
benefit package; 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 incorporated Wage and Benefit Package between the City of Yakima and AFSCME
Local 1122 Transit employees.
ADOPTED BY THE CITY COUNCIL this 5th day of November 2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
2013- 2015
COLLECTIVE BARGAINING AGREEMENT
Between
City of Yakima, Washington
And
Council 2
Washington State Council of County and City Employees
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
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, THEREFORE, pursuant to Chapter 41.56 of the Revised Code of
Washington, and in accordance with the intent and purpose thereof, and for the purpose
of promoting the morale, well being and security of the Union employees of the City,
and for the purpose of promoting the general efficiency of the government of the City of
Yakima, the parties hereto agree as follows:
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 Cleaner, 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) days nor less than sixty (60) days prior to the expiration date of this
agreement.
AFSCME Local 1122 —Transit Page 2 of 44
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.
The Union agrees to defend, indemnify and hold harmless the City for any loss or
damage arising from the operation of this Article knowingly caused by the Union. It is
also agreed that neither any employee nor the Union shall have any claim against the
City for any deductions made or not made unless a claim of error is made in writing to
the City within forty-five (45) calendar days after the date such deductions were or
should have 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 International 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.
AFSCME Local 1122 —Transit Page 3 of 44
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.
ARTICLE 4 - PUBLIC DISCLOSURE
Neither party shall independently issue releases to any news media nor otherwise
make public disclosure during Pre -Mediation negotiations as the parties work towards a
collective bargaining agreement, unless required by law.
ARTICLE 5 - CODE PROVISIONS
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
Section 2.20.020
Section 2.20.040
Section 2.20.050
Section 2.20.060
Section 2.20.070
Section 2.20.085
Section 2.20.088
Section 2.20.100
AFSCME Local 1122 —Transit
- Persons Subject to Plan.
- Content of Plan.
- Policy for Pay Steps.
- Policy for Present Employees; Subsection A.
- Transfer, Promotion, Reclassification, Demotion, or Reinstatement
of Employees.
- Reduction of Salary.
- Reimbursement for Expenditures; Subsection 5
- Uniform Allowance, Special Assignment Pay; Subsections (3) and (4).
- Classification Plan; Subsections A and E.
Page 4 of 44
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 (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 of the Union, including any revisions thereto.
ARTICLE 7 - BUSINESS LEAVE
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 leave 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.
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
AFSCME Local 1122 —Transit Page 5 of 44
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 regarding a probationary, special or annual performance
evaluation shall take place solely between an employee and his or her immediate rating
supervisor. Thereafter an employee may be accompanied by a Union representative
where job conduct or said performance evaluation is reviewed in a conference with
management. On-the-job discussions between employee(s) and supervisor(s) regarding
job duties, assignments, and/or performance shall not be considered disciplinary 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 a 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.
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.
AFSCME Local 1122 —Transit Page 6 of 44
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 use other benefits of this Agreement according to the terms set forth
without reprisal, repression, intimidation, prejudice, or discrimination.
8.7 Probationary Period:
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
employees may 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:
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
AFSCME Local 1122 —Transit Page 7 of 44
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) Assign work to and schedule employees in accordance with Civil Service
classifications and position descriptions, and to establish and change work
schedules in accordance with Article 33 - Work Week Provisions.
I) Relieve any employees from duty due to lack of work or insufficient funds.
J) Take all actions necessary to carry out the mission of the City in
emergencies.
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 herein above, or
any other claimed prerogative may seek their remedy by the grievance procedure
provided in the Agreement.
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.
AFSCME Local 1122 —Transit Page 8 of 44
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 issue.
10.4 Agenda:
At least ten (10) working days prior to the meeting, a written agenda shall be
prepared by the party requesting the meeting and may be supplemented by 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.
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
AFSCME Local 1122 —Transit Page 9 of 44
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 stoppage or slowdown by any other employees, such inability to provide
work shall not be deemed a lockout.
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.
ARTICLE14 - 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 Definitions:
A) A "grievance" is a dispute concerning the interpretation, application, or
alleged violation of any provision of this Agreement.
AFSCME Local 1122 —Transit Page 10 of 44
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
excluding 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.
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) Identify the facts and circumstances relating to the alleged misapplication,
misinterpretation, or violation of a specific provision of this labor agreement.
C) Specify the relief sought.
AFSCME Local 1122 —Transit Page 11 of 44
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.
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 the City Manager's findings and decision.
14.10 Grievance Filed By the City:
Any grievance by the City against the Union shall be reduced to writing and
submitted, no later than thirty (30) calendar days after having been made reasonably
aware of the issue, to the President of the Union Local with a copy to the Staff
Representative. The Union President shall investigate the relevant facts 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.
AFSCME Local 1122 —Transit Page 12 of 44
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 Union 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.
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 serve 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 Arbitrator's fees and expenses, room rental, if any, and cost of the
transcripts shall be shared equally by the parties. Each party shall bear the
remaining costs of the preparation and presentation of its own case, including
attorneys' fees, regardless of the outcome.
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
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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.
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 as
a separate check from the normal payroll check.
$2,250.00 payment within two (2) payroll cycles after ratification by both parties,
(Union members and City Council) of the proposal,
A) 2014: $2,500.00 first pay cycle after January 1, 2014.
B) 2015: $2,900.00 first pay cycle after January 1, 2015
17.2 Direct Deposit:
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.
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 2.20.11 0.
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 2.24.010A 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 extra
board employees.
ARTICLE 19 - SHIFT DIFFERENTIAL
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 six percent (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.
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 who 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.
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D) Shift differential shall be limited to thirty (30) hours per week for employees
who meet the requirements of (A & B) or (A & C).
19.3 Extra board transit operator:
Extra board transit operators shall receive shift differential pay as follows:
A) For hours worked before 6:00 a.m. and after 6:00 p.m.
B) For the same hours of whoever's complete regularly scheduled 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 hours worked before or after a straight eight to eight and
one-half (8.0 — 8.5) or ten to ten and one-half (10.0 to 10.25) hour shift,
provided that there is an unpaid time lapse of thirty (30) minutes or greater.
E) When working a regularly scheduled split shift, no additional compensation
shall be paid for extra hours worked during that day.
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 (1-1/2) in -lieu
of overtime pay may be requested by the affected employee. 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 so requested such
compensatory time off.
20.2 Compensatory time off may be accrued to a maximum of forty (40) hours unless
the City Manager approves additional accrual because of an emergency or other unusual
circumstance. Provided, however, existing compensatory time in excess of forty (40)
hours shall remain until used.
20.3 Employees may accept any shift(s), and or shift piece(s) of available overtime by
seniority. No shift shall be split more than once.
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.
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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 ensure the employee
obtains a meal at the Employer's expense.
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 while
still at the work site/relief point, 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 worksite, 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 (1-1/2).
C) Establishing a one hour business meeting on a monthly basis with the employees —
it will be an hour of meeting for one hour's pay. Also, this is not a mandatory
meeting. The agenda will be developed by both sides and if there are not enough
discussion items to fill the hour, the meeting will be cancelled. This meeting will
be held only on the months there is no quarterly meeting. The time and day will be
determined at a later date to allow maximum participation.
20.9 Dispatcher Overtime:
Pennanent Dispatchers shall be offered any available overtime on a seniority
basis among the pennanent Dispatchers. If the pennanent Dispatchers are not available
to work overtime, the work will be offered to other qualified pennanent employees on a
seniority basis.
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20.10 Extra board transit operator Overtime:
An Extra board transit operator will be eligible to receive overtime payments in
accordance with Article 20 — Overtime & Call Out 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 training class or safety meeting in its entirety.
ARTICLE 21 - STANDBY PAY
21.1 The determination of the need for an 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 four dollars ($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.
ARTICLE 22 - BILINGUAL PAY
Employees who have Spanish bilingual capacity shall receive sixty dollars ($60.00) per
month for their work in that capacity subject to prior written approval from the Director
of Public Works 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.
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
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Yakima Employees' Welfare Benefit Program. Premium base rates shall be
detennined annually by the applicable broker of record.
23.2 Employee Only Medical/Vision Coverage:
The City shall pay one hundred percent (100%) of monthly employee only
medical/vision premiums.
23.3 Dependent Medical/Vision Coverage:
A) Effective January 1, 2013:
For employees who enroll one or more dependents in the healthcare plans,
the monthly dependent unit premium costs shall be capped at $175.00
B) Effective January 1, 2014:
For employees who enroll one or more dependents in the healthcare plans,
the monthly dependent unit premium costs shall be borne as follows:
1. Fifty percent (50%) shall be paid by the participating employee.
2. Fifty percent (50%) shall be paid by the City.
Any increase or decrease in the total premium cost in 2014 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 benefit categories except employee only, which will remain fully
covered by the employer.
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 rate assessed for coverage of active City employees and dependents as
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applicable. Premiums shall be paid by deduction from retirement checks paid
to retired employees or their beneficiary.
23.6 Wellness Committee:
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 non-voting 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:
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 are exposed to health hazards by direct contact with raw
sewage, industrial waste, human waste, or animal waste, the City will arrange and
provide for inoculations or vaccines recommended by the Washington State Department
of Health.
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24.2 The City of Yakima will pay required fees for any license/certificate required by
the City as a condition of continued employment, provided however, that 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's 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 preventative physical exam up to one hundred dollars ($100.00) per employee.
24.4 Bargaining unit members may be reimbursed up to $100.00 per year for work -
appropriate footwear purchased through an approved vendor.
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
through a conversion policy. The conversion coverage policy requires that retired employees
pay their own premium for said coverage.
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ARTICLE 26 - HOLIDAYS
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 l lth
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25th
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 (1 0) hours
of personal holiday per calendar year. Both are subject to the following conditions:
Personal holiday shall be limited to eight (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 (14) calendar days of written notice
to the Division Manager, provided however, the employee and the Division
manager, or their designee, may agree on an earlier day, and
C) The Division Manager or their designee, has approved the day, and
D) The day selected does not prevent the Transit Division 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 eight (8) or ten (10) hour complete shift.
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
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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.
D) 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.
E) Holiday hours will be offered by seniority as defined in Article 31 - Seniority, to
permanent employees, prior to offering the open holiday work to temporary
employees, and
F) Time and one-half (1-1 /2) will be paid for the hours worked 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 employee's compensatory time
does not exceed forty (40) hours, then 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.
G) Employees working a 4 day/l0 hour 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 ACCRUAL RATES
After one (1) full year 7.34 hours per month
(88 hours per year; 40 hours may be taken after 6 months)
After two (2) full years 8.67 hours per month (104 hours per year)
After five (5) full years 10.67 hours per month (128 hours per year)
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After ten (10) full years 13.34 hours per month (160 hours per year)
After fifteen (15) full years 15.34 hours per month (184 hours per year)
After twenty (20) full years 19.34 hours per month (232 hours per year)
Vacation accruals for on board employees will be prorated based on the
difference between the total number of actual hours 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 Vacation leave cannot be used during the month of accrual.
A) A minimum of one point seven five (1.75) hours of vacation time must be
requested.
27.5 Vacation Sell -Back Program:
Employer implemented vacation sell -back program where an employee could sell
back to the City up to one-third (1/3) of their accrued vacation leave within a twelve (12)
month period (based on a calendar year.)
EXAMPLE:
A ten year employee accrues 13.67 hours per month at 165 hours per year.
165 hours of vacation leave at 1/3 (.333) would equal 55 hours of vacation
time payable to the employee at their current hourly rate.
ARTICLE 28 - SICK LEAVE
28.1 Accrual:
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 on board
employees.
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28.2 Use:
Sick leave cannot be used during the month of accrual.
28.3 Permissible Use of A 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.
D) On the Job Injuries:
The sick leave buy back program for work related injuries is eliminated and
time loss compensation will be paid in accordance with City of Yakima
Administrative Policy PER 405 and in compliance with 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
employee and 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.
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.
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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 tern "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,
sick leave will be granted.
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
in the same home, who have reciprocal and natural and/or moral
duties to and do provide support for one another. The tern does
not include persons sharing the same general house when the
living style is primarily that of a dormitory or commune.
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 inforned 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
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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) Home Visits:
Employees may choose to permit home visits.
E) Medical Examinations:
Employees must pennit 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.
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;
2. Investigate any suspected abuse of sick leave or other paid leave taken
in lieu of sick leave;
3. Withhold approval of sick leave pay or pay for other leave taken in
lieu of sick leave in the event of unauthorized use;
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4. 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.
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 to 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 tennination under honorable conditions, as distinct from retirement or
death, employees who have accrued sick leave of 720 hours or more will be
exchanged for pay at the rate of 50% of the employee's current base pay, up to
a maximum of and including 840 hours. Honorable tennination includes
layoff for budget reasons, as well as resignation with at least fourteen (14)
calendar days notice. The maximum payment shall be $7,500.
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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 pennanent 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.
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.
ARTICLE 30 - BEREAVEMENT LEAVE
30.1 Employees shall be granted up to and including three (3) days Bereavement
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.
AFSCME Local 1122 —Transit Page 29 of 44
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.
B) The employee shall 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) Transit Seniority shall begin on the actual date of hire in a permanent
classified Transit status including the probationary period.
B) Transit Seniority for on-call and seasonal positions shall only include the
actual time accrued in a pay status.
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.
AFSCME Local 1122 —Transit Page 30 of 44
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.
11) 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.
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 and all sign-up bids and markdown bids.
E) Current copies of the Transit Seniority list shall be maintained by the Transit
Division and the Human Resources Division. The City of Yakima Charter
Civil Service Commission's Seniority list will be available from the Human
Resource Manager upon request.
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.
AFSCME Local 1122 —Transit Page 31 of 44
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 of quarterly sign ups, run
selection, shifts, and workweek selection by permanent full time and permanent 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 Work schedule bidding shall be completed within a total time period of eighteen
(18) working days.
ARTICLE 33 -WORK WEEK PROVISIONS
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 detennine the maximum number of employees off per day.
Employees' schedules will confonn to the provisions of this Article unless specifically
modified by an Addendum to this contract.
If the current ratio of permanent full-time to pennanent part-time regular
operators to Extra board transit operators changes due to significant modifications of
service, this article may be renegotiated in accordance to Article 37.2 (Entire
Agreement).
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 (8.0) hour or more shifts shall include a total of thirty (30)
minutes of non -service rest period compensation.
C) Straight shifts shall be considered as split shifts when filled by more
than one (1) employee and Section D below shall apply.
D) All split, eight hour (8.0) hour or more shifts shall include fifteen (15)
minutes of non -service rest period compensation within each shift pieces.
One (1) fifteen (15) minute rest compensation period shall be before and one
(1) rest compensation period shall be after the shift split granted for each
three and three-quarter (3.75) hours of paid time.
AFSCME Local 1122 —Transit Page 32 of 44
E) All open work and special operations work shall include fifteen (15) minutes
of non -service rest period compensation within each four (4) hour period of
work.
F) 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 (8.0) 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.
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 unifonns for each Dispatcher commensurate with
current Transit Division standard issue.
33.3 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.
AFSCME Local 1122 —Transit Page 33 of 44
B) Work Day:
Employees will be scheduled to a work day of eight (8) or ten (10) consecutive
hours with a one-half (1/2) hour unpaid meal period 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 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).
33.4 Vehicle Cleaners:
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 six (6) or more hours with a
one-half (1/2) hour unpaid meal period 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 days, with two (2) or three (3) days off.
D) Uniforms:
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.
AFSCME Local 1122 —Transit Page 34 of 44
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.
33.6 Route Supervisor:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours.
B) Work Day:
Eight (8) hours 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 unifonns for each Route Supervisor
commensurate with current Transit Division standard issue.
33.7 Regular Transit Operators:
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 (8.0 to 8.5) or (10.0 to 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 (8.0 to 8.5) hour days, with two (2)
days off or four (4) consecutive or non consecutive (10.0 to 10.25) hour days
with three (3) days off.
D) Uniforms:
The Employer shall provide unifonns for each regular Transit Operator
commensurate with current Transit Division standard issue.
AFSCME Local 1122 —Transit Page 35 of 44
33.8 Extra Board Transit Operators:
A) 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 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 time for each work day.
2. Scheduled Work Day:
Extra board transit operator runs shall consist of a work day of (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, Extra board transit operators shall be
assigned to a specific work schedule not requiring split days off in a
calendar week.
B) Extra Board Transit Operators Open Work:
I. 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.
2. Open Work Day:
Known Leave Assignment; Previous Day Before 2:OOp.m.:
I. Full Shifts:
(a) Extra board transit operator may accept by seniority any full shift
that is available.
(b) Once an Extra board transit operator accepts a full shift of eight
(8.0) or more hours, no extra hours will be offered that day until all
less senior operators have been offered a work assignment.
AFSCME Local 1122 —Transit Page 36 of 44
II. Pieces of Open Work:
(a) An 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 two (2)
hours available for another operator to work.
(c) In case of a piece of work getting assigned to two (2) operators in
error, the regular operator will take the run and the extra board
operator will have one of the two below listed options:
• Assigned other work to perform equal to the original hours
for said day; or,
• Perform a two (2) hour assignment and will have the first
choice of any other work that becomes available during said
day.
III. Scheduled Assignments Less Than 8.0 Hours:
An Extra board transit operator who has a regularly scheduled
bid shift of less than 8.0 hours, may accept extra work that does
not conflict which may be combined not to exceed ten and one-
quarter (10.25) hours for that workday.
IV. Extra Hours:
When all available 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.
3. Same Day Work Assignment:
I. Work becoming available after 2:00 p.m. the previous day
and/or piece(s) remaining from the previous night's
assignments.
II. Work is offered by following the same guidelines outlined in 2)
above to the most senior available employee who can work the
AFSCME Local 1122 —Transit Page 37 of 44
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 an extra board transit operator who may be
available to work a portion of that shift.
4. Open Work Week:
Any open work will be split as necessary on the day of the week in
which the employee's cumulative hours total forty (40) hours (or as
near 40 hours as possible) without leaving a remaining open work
piece of less than two (2) hours.
C) Call To 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 be paid in quarter (1/4) hour increments rounded to the
previous quarter (1/4) hour.
4. All extra board operators must submit a leave request for the
day(s) they wish not to be available (N/A). Standard leave request
procedures will be followed.
D) Working over 40 Hours:
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 three-quarters (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 extra board transit operator
commensurate with current Transit Division standard issue.
33.9 On Call Employees:
On Call Employees will not be scheduled for a regular set shift, but rather, will
be called to work to fill in during the absence of another employee. On call employees
AFSCME Local 1122 —Transit Page 38 of 44
will be entitled to the meal and rest periods provided for in the scheduled shift for which
they are filling in.
33.10 Minimum and Maximum Shift:
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 (10.25) 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 staring time or retained to work beyond the regular quitting time.
33.12 Emergency Situations:
The Employer shall detennine 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.
AFSCME Local 1122 —Transit Page 39 of 44
ARTICLE 34 - EXTRA BOARD TRANSIT OPERATOR
34.1 Telephone:
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:
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, extra board transit operator 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 and personal holiday time will be adjusted annually.
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
be limited to one (1) time per month per requesting driver and a maximum of six (6)
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 employee'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.
ARTICLE 36 - "ROADEO"
The Employer will encourage the participation of employees in bus and van
"ROADEOS."
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
AFSCME Local 1122 —Transit Page 40 of 44
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.
ARTICLE 38 - SAVINGS CLAUSE
38.1 Applicability to and Compliance with Law:
It is understood and 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.
ARTICLE 39 -TERMINATION
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.
AFSCME Local 1122 —Transit Page 41 of 44
ARTICLE 40 — EXECUTION
EXECUTED THIS DAY OF OCTOBER, 2013.
FOR THE UNION: FOR THE CITY OF YAKIMA:
Eddie Allen, Staff Representative
WSCCCE Council 2
Mike Nugent
Local 1122 President
John Berg, Local 1122
Bargaining Team Member
Jim Hogenson, Local 1122
Bargaining Team Member
ATTEST:
Sonya Claar Tee
City Clerk
Tony O'Rourke
City Manager
AFSCME Local 1122 —Transit Page 42 of 44
Appendix A
Page 1 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Declaration
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 licensed physician in and
conducted an examination of
, a patient known to me, in order to determine their
physical qualification for operating a commercial vehicle in accordance with the requirements of
49 CFR 391.41 -49.
By signing below, I declare that I am familiar with the requirements and 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.
Date:
Signature of Physician
Printed Name of Physician
AFSCME Local 1122 —Transit Page 43 of 44
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 (COL) 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
examiners 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.
acknowledge my obligation to fully represent all medical information to my evaluating
physician, and to accurately disclose any medical information or condition to the physician,
requested or not, to the best of my ability.
I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF
YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST 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.
Date:
Signature of Operator
Printed Name of Operator
AFSCME Local 1122 —Transit Page 44 of 44