HomeMy WebLinkAboutR-2014-017 2014-2016 Collective Bargaining Agreement / Division Managers Employees (Teamsters 760) RESOLUTION NO. R- 2014 -017
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement for 2014 -2016 with the Teamsters Local 760
representing the Yakima Division Employees bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Yakima Division Managers Employees represented by the Teamsters
Local 760 resulting in the attached proposed collective bargaining agreement for 2014
through 2016; and
WHEREAS, Teamsters Local 760 and the City of Yakima have bargained the subject
agreement in good faith;
WHEREAS, the members have voted in favor of the attached proposed collective
bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City
of Yakima to settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute
the incorporated Collective Bargaining Agreement between the City of Yakima and
Teamsters Local 760 Yakima Division Manager employees.
ADOPTED BY THE CITY COUNCIL this 21 day of January 2014.
1 421-4
Mayor
ATTEST:
City Clerk `? -
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Collective Bargaining Agreement O
By and between 1/
The City of Yakima v/
And
Yakima Division Managers Unit, Teamsters Local #760 I
January 1, 2014 — December 31, 2016 `
ARTICLE 1 — RECOGNITION 1
ARTICLE 2 — UNION SECURITY/DUES CHECKOFF 2
ARTICLE 3 — EMPLOYER RIGHTS 3
ARTICLE 4 — WAGES AND BENEFITS 5
ARTICLE 5 — WORK WEEK, AND HOURS OF WORK 5
ARTICLE 6 — GRIEVANCE PROCEDURE 5
ARTICLE 7 — UNION LEAVE 7
ARTICLE 8 — SAVINGS CLAUSE 8
ARTICLE 9 — RETIREMENT CONTRIBUTION 8
ARTICLE 10 — TERM OF AGREEMENT 8
APPENDIX A — ..9 -10
PREAMBLE
This agreement is made and entered into pursuant to the provisions of RCW Chapter
41.56 by and between the City of Yakima hereinafter known as the "Employer" and the
Yakima Division Managers Unit represented by Teamsters Local #760, hereinafter
known as the "Union" for the purpose of setting forth the wages, hours, and other terms
and conditions of employment which shall be in effect during the term of this agreement
for employees included in the bargaining unit described in Article 2 below.
ARTICLE 1— RECOGNITION
1.1 The Employer recognizes the Union as the exclusive bargaining
representative for those purposes appropriate to the units stated in RCW
41.56 of all full -time Division Managers. Fleet Manager, Parks & Recreation
Manager, Streets & Traffic Ops Manager, Solid Waste & Recycling Manager, and
Transit Manager, present in the Public Works, and as recognized by PERC case
23552 -E -10 -3594, excluding mid -level supervisory employees, non - supervisory
employees, department heads, confidential employees, elected officials, officials
appointed for a fixed term of office, and all other employees of the Employer.
1.2 The Union recognizes the City as the representative of the people of the City of
Yakima and agrees to negotiate only with the City through the negotiating agent
or agents officially designated by the City Manager to act on the City's behalf.
Yakima Division Managers Unit 1
Teamsters Local #760
January 1, 2014 — December 31, 2016
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF AND MAINTENANCE
OF MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered
by this Agreement who are members of the Union in good standing on the
effective date of this Agreement shall remain members in good standing in the
Union. It shall also be a condition of employment that all employees covered by
this Agreement and hired on or after January 1, 2014 shall, on the thirtieth (30
calendar day following the beginning of such employment become and remain a
member in good standing in the Union.
2.1.1 Should bona fide religious convictions of an employee dictate he /she may not join
a Union, he /she shall be required to pay an amount equivalent to the Union
initiation fee and monthly dues to a non - religious charity mutually agreed upon by
the employee and the Union. If such employee pursuant to this Section requests
the Union to use the Grievance and Arbitration Procedure on his/her behalf, the -
Union is authorized to charge the employee for the reasonable cost of using such
procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without
regard to Union membership.
2.3 When an employee fails to fulfill the obligations as set forth in Section 2.1 or
2.1.1, the Union shall provide the employee and the Employer with thirty (30)
calendar days' notification of the Union's intent to initiate discharge action and
during this period the employee may make restitution in the amount which is
overdue. If an employee has not fulfilled the Union membership obligation
and/or other provisions as described in Section 2.1 or 2.1.1 by the end of the
applicable discharge notification period, the Union shall thereafter notify the
Employer in writing, with a copy to the affected employee, of such employee's
failure to abide by Section 2.1 or 2.1.1. In this written notice, the Union shall
specifically request discharge of the employee for failure to abide by the terms of
the Labor Agreement between the Employer and the Union.
2.4 When provided a "voluntary check-off' authorization form furnished by the
Union and signed by the employee, the Employer agrees to deduct from that
employee's pay, the Union's uniform applicable dues, initiation fee and/or service
fees, as prescribed in the "voluntary check -off' form. The full amount of monies
so deducted from the employee shall monthly be forwarded to the Union by check
along with an alphabetized list showing names and amounts deducted from each
employee. The Union agrees to defend and hold the Employer harmless from and
against any and all claims, demands, lawsuits, orders or judgments arising from
the administration and effects of this Section.
2.5 The Union agrees to refund to the employee any amounts paid to the Union in
error on account of the payroll deduction provision upon presentation of proper
evidence thereof. The earning of the employee must be regularly sufficient after
Yakima Division Managers Unit 2
Teamsters Local #760
January 1, 2014 — December 31, 2016
other legal and required deductions are made to cover the amount of the
appropriate Union dues. All other legal and required deductions have priority for
payment over such dues.
2.6 The Union agrees to defend and hold the Employer harmless from and against any
and all claims, demands, lawsuits, and/or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any
employee nor the Union shall have any claim against the Employer for any
deductions made or not made unless a claim of error is made in writing to the
Employer within forty -five (45) calendar days after the date such deductions
were, or should have been made.
ARTICLE 3 — EMPLOYER RIGHTS
3.1 Employer Rights:
Any and all rights concerned with the management of the City are exclusively that
of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations as amended. Furthermore, the City
reserves all customary management prerogatives including, but not limited to, the
right to:
A) Adopt rules for the operation of the Department and conduct of the
employees covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational
goals of the department;
C) Determine the organization, and the merits, necessity and level of activity
or service provided to the public;
D) Determine new work methods;
E) Control the City budget;
F) Establish, regulate and administer a personnel system, in conformity with
the City Charter and Charter Civil Service Rules and Regulations and with
this agreement, which provides for all types of personnel transactions
including determining the procedures and standards for hiring, promotion,
transfer, assignment, lay off, discipline, retention and classification of
positions;
G) Discipline, suspend, demote or discharge employees for just cause in
conformity with this CBA;
H) Determine the methods, means, equipment, material, numbers and kinds
of personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
Yakima Division Managers Unit 3
Teamsters Local #760
January 1, 2014 — December 31, 2016
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
agreement;
J) Relieve any employee from duty due to a lack of work or insufficient
funds as provided by in the Charter Civil Service Commission Rules and
Regulations and in conformity with this agreement.
K) To perform all of the functions not otherwise expressly limited by this
agreement;
L) Take all actions necessary to carry out the mission of the City in
emergencies.
•
M) Provided nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56
3.2 Scope of Management Rights
The Employer's failure to exercise any right, prerogative, or function hereby
reserved to it, or the Employer's exercise of any such right, prerogative, or
function in a particular way, shall not be considered a waiver of the Employer's
management right to exercise such right, prerogative, or function in a particular
way, shall not be considered a waiver of the Employer's management right to
exercise such right, prerogative, or function or preclude it from exercising the
same in some other way not in conflict with express provisions of this Agreement,
however, the Employer recognizes that RCW 41.56 may impose an obligation for
the Employer to negotiate changes in wages, hours, and working conditions not
covered by this agreement.
3.3 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his/her duties, the employer may require the employee
to undergo a psychological or medical examination in accordance with current
Charter Civil Service Rules.
3.4 The Employer and the Union hereby recognize that delivery of services in the
most efficient, effective, and courteous manner is of paramount importance to the
Employer, and as such, maximized performance is recognized to be an obligation
of employees covered by this Agreement.
3.5 The Employer shall have the right to establish and maintain performance
standards. Such standards that are in effect may be used to determine acceptable
performance levels, prepare work schedules, and measure the performance of an
employee. The Employer shall have the right to implement and prepare work
schedules consistent with the terms and conditions of this Agreement.
Yakima Division Managers Unit 4
Teamsters Local #760
January 1, 2014 — December 31, 2016
ARTICLE 4 — WAGES AND BENEFITS
Except as modified in Appendix "A ", Employees covered by this agreement shall receive
benefits as outlined in the City of Yakima Municipal Code, Chapter 2, and the
Management Fringe Benefits document both as effective February 1, 2011. The
Employer acknowledges that changes to the wages and benefits are subject to bargaining
as provided by law.
ARTICLE 5 — WORK WEEK, AND HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit is
supervisory in nature. Employees covered by this agreement are accountable for their
work product, meeting the objectives of the organization, and are subject to the
Employer's policies, applicable to all overtime exempt employees.
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two consecutive days off;
Employees shall work such days and hours as required to advance the mission of the City
as determined by the employer. All employees shall be scheduled to work on a regular
work shift, and each work shift shall have a regular starting and ending time.
ARTICLE 6 — GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within
fourteen (14) calendar days after the employee knew or should have known of the action
or decision giving rise to the grievance. This fourteen (14) calendar day period must be
used by the employee to attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in
writing. Days are calendar days, and will be counted by excluding the first day and
including the last day of timelines. Transmittal of grievances, appeals and responses will
be in writing. Service on the parties is complete when delivered in person; or upon receipt
by electronic mail or by the postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal
of the grievance. Failure by the employer to comply with the timelines will entitle the
Union to move the grievance to the next step of the process.
Contents:
A grievance must include the following:
Yakima Division Managers Unit 5
Teamsters Local #760
January 1, 2014— December 31, 2016
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement allegedly violated and a
specific description of how each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals
involved in the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re- submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed -upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the
next step.
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
writing, to employee's supervisor with a copy to Human Resources within the fourteen
(14) day period described above. The responsible supervisor shall meet with the grievant
and the Union Representative within fourteen (14) days of the receipt of the grievance,
and respond in writing to the Union within fourteen (14) days of the meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next
step by filing it with the Department Head or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 1 decision. The Department
Head or designee will meet with the grievant and the Union Representative within
fourteen (14) days of the receipt of the appeal, and will respond in writing to the Union
within fourteen (14) days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next
step by filing it with the City Manager or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 2 decision. The City Manager
will respond in writing to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter may,
within fourteen (14) calendar days, be referred by either party to expedited mediation -
Yakima Division Managers Unit 6
Teamsters Local #760
January 1, 2014 — December 31, 2016
arbitration. There shall be no withholding by either side of known facts or evidence,
relating to a grievance prior to arbitration. Such withholding shall result in said facts
and/or evidence not being admissible in arbitration.
Upon demand for arbitration the parties may mutually agree to an Arbitrator or if
agreement cannot be reached, both parties shall immediately petition the Federal
Mediation and Conciliation Service for the names of seven (7) arbitrators and within
seven (7) calendar days from receipt of the list, the two (2) parties shall select one (1)
name from it by alternatively crossing off a name until one (1) remains, with the grieving
party striking first. This process for selecting an arbitrator need not be followed if both
parties agree on any person as an impartial arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her
decision solely to the interpretation, application or enforcement of this Agreement. The
arbiter shall confine himself/herself to the precise issue submitted for arbitration, and
shall have no authority to determine any other issues not so submitted to him/her. The
decision of the arbiter shall be final and binding upon the aggrieved employee, Union and
employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally
by the employer and the Union. All other costs and expenses shall be borne by the party
incurring them.
ARTICLE 7 — UNION LEAVE
7.1 One (1) bargaining unit member shall be granted leave from duty without any loss
of pay during the pre- impasse and post- impasse period as provided in RCW
41.56, for all meetings between the City and the Union for the purpose of
negotiating the terms of a contract and/or attendance at mediation, when such
meetings take place at a time during which any such members are scheduled to be
on duty.
7.2 One (1) bargaining unit member may be granted release time during normal
working hours to attend meetings for collective bargaining, labor- management,
grievances, pre - disciplinary /disciplinary, investigatory interviews and other
meeting related to contract administration.
7.3 Employees, not to exceed one (1) in number at any one time, shall be granted
leave from duty with pay for Teamster affiliated Union business, such as
attending labor conventions and educational conferences regarding collective
bargaining, provided that notice of such conventions or conferences shall be given
at least two (2) weeks prior thereto to Department Head, and provided further that
the total leave for the entire bargaining unit for the purposes set forth in this
section shall not exceed six (6) days in any fiscal year.
Yakima Division Managers Unit 7
Teamsters Local #760
January 1, 2014 — December 31, 2016
ARTICLE 8 — SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any
Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of
the Agreement will remain in full force and effect. If such a finding is made, the parties
agree to make themselves available to negotiate a substitute for the invalid Article,
Section or portion.
ARTICLE 9 — RETIREMENT CONTRIBUTION
Effective January 1, 2014, the Employer shall pay into the Western Conference of
Teamsters Pension Trust on account of each member of the bargaining unit for each
scheduled hour for which compensation was paid for a total of 173.33 hours per month
and 2080 hours per calendar year. Contribution shall be remitted on 173.33 hours for all
months throughout the year including those months with fewer than 173.33 hours. The
hourly contribution rate shall be $1.50 per scheduled hour which is diverted from wages
by each bargaining unit member.
Each year the employees will have the option by majority vote to increase pension
contribution rate.
ARTICLE 10 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect upon
ratification and execution of both the Union and the Employer and continue through
December 31, 2016.
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Executed by the parties hereto this day of _ , �� i / ; , • 014
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Yakima Divisions Managers Unit City of Yakima
Teamsters Local #760
By: By: ou 40 24.4.-e„...
Leonard Crouch, S etary /Treasurer Tony O'Re, A/City Manager
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CITY CONTRAC r N / Ke w /cS
RESOLUTION N0: � / ' �' , ATTEST: ` / �' 1,x d •%‘
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City Clerk J % k
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Yakima Division Managers Unit 8 • .
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Teamsters Local #760
January 1, 2014 — December 31, 2016
Teamsters #760
Division Managers Unit
APPENDIX "A"
ANNUAL LEAVE ACCRUALS — Effective 02/01/2011
205 hours annually — After 20 years of service
215 hours annually — After 25 years of service
VEBA
02/01/11 - $38,500.00 maximum cash out
LIFE INSURANCE — Effective 02/01/11
$100,000.00
VACATION LEAVE PAY -OUT— EFFECTIVE 1/1/2014
Pay out of vacation leave in accordance with 2.40.020 B. (3) of the Yakima
Municipal Code (YMC) (must use at least 75% of his/her vacation leave accrued
during that year in order to qualify)
Employer implemented vacation sell -back program where an employee can sell
back to the City up to one -third (1/3) of their accrued vacation leave within 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.
SICK LEAVE EXCHANGE
In accordance with YMC 2.40.030 E. 2. c. (except at a rate of three (3) days to
one (1) instead of four (4) days to one (1)). Sick Leave Exchange Procedure in
accordance with 2.40.030 E. 5.
TEAMSTERS LEGAL SERVICES TRUST
Effective March 1, 2011, the Employer shall make contributions of $25.95 per
month, per bargaining unit member, to implement the Western Conference of
Teamster Legal Services Trust to SF Administrators, Inc. During the terms of this
Yakima Division Managers Unit 9
Teamsters Local #760
January 1, 2014 — December 31, 2016
agreement future increases will be paid 50% by the employer and 50% from
employee wage deductions. The Union agrees to defend and hold the Employer
harmless from and against any and all claims, demands, lawsuits, orders or
judgments arising from the administration and effect of this participation. The
Employer's obligation under this Agreement is limited to the payment of normal
contributions based on hours worked by unit employees.
MUNICIPAL CODE CHAPTER 2.20.100 CLASSIFICATION PLAN
The most current update to this chapter shall be routinely referenced and applied
to this contract.
Yakima Division Managers Unit 10
Teamsters Local #760
•
January 1, 2014 — December 31, 2016
44 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I S�
For Meeting of: 1/21/2014
ITEM TITLE: Resolution authorizing the 2014 -2016 Teamsters #760
representing the Yakima Division Managers employees
bargaining unit CBA.
SUBMITTED BY: Tony O'Rourke, City Manager
Cheryl Ann Mattia, Human Resources Manager
SUMMARY EXPLANATION:
Resolution authorizing execution of the CBA for Teamsters Local #760, Yakima Division
Managers. This represents the result of good faith negotiations between parties. The 2014-
2016 settlement package is outlined below:
PACA increase of 1.56%
Vacation Sell Back Program
Participation in Western Conference of Teamsters Pension Trust
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
i
RECOMMENDATION:
City Management recommends execution of the contract
ATTACHMENTS:
Description Upload Date Type
0 CBA for Yakima Division Managers Unit 1/16/2014 Contract
0 teamsters division managers 1/16/2014 Cover Memo
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF YAKIMA AND YAKIMA DIVISION MANAGERS UNIT REPRESENTED BY
TEAMSTERS LOCAL #760
•
1. The parties to this Memorandum of Understanding, the City of Yakima and the Yakima Division Managers
Unit represented by Teamsters local #760, enter this agreement to distinguish the Collective Bargaining
Agreement (CBA) from the City of Yakima Municipal Code.
2. The parties Collective Bargaining Agreement (CBA) shall refer to Appendix B when the CBA addresses
Ch. 2 from the Municipal Code effective November 1, 2014:
Exception:
Municipal Code Chapter 2.20.100 Classification Plan
The most current update to this chapter shall be routinely referenced and applied to this contract.
Sections where this amendment applies:
• Article 4 Wages and Benefits
3. This agreement shall be effective upon signing and upon ratification by the Yakima City Council and the
Yakima Police Management Unit represented by Teamsters local #760. The terms of this agreement shall be
incorporated into the new Collective Bargaining Agreement (CBA).
City of Yakima Yakima Police Management Unit represented
By Teamsters local #760
ee
p i u (lY
Tony O'Ro o ke, City Manager Leonard Crouch, Secretary/Treasur
ATTEST: " " . � %l,
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