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HomeMy WebLinkAboutR-1990-D5826 Collective Bargaining / Union / AFSCMERESOLUTION NO. 6 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1989, 1990 and 1991 with the Washington State Council of County and City Employees. Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, resulting in the attached proposed collective bargaining agreement document for calendar years 1989, 1990 and 1991, and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNC L OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a collective bargaining agreement for calendar years 1989, 1990 and 1991 with the Washington State Council of County and City Employees. Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, a copy of which collective bargaining agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL thisday of September, 1990. ATTEST: 2 l�-cry) CITY CLERK OPD1 DD2 MAYOR ARTICLE XXXI - TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 1989 and shall terminate on December 31, 1991 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. Recommended By: Paul Sears Chief Negotiator AFSCME Local 1122 rederick C. 3Lvu... Chief Negotiator City of Yakima EXECUTED by the parties hereto this day of 19 9 C.14 L'N lC.'✓� L'"s t$.i. Ci ti - 1 `{ D-Sg:aU A I I EST: City of Yakima City Clerk AFSCME Contract 1990 WO/90 -41- City Manager The Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, • FL -CIO RESOLUTION OF DISPUTE In conjunction with tl,_ mediated settlement for a Collet... ie Bargaining Agreement between the City of Yakima and the Washington State Council of County and City Employees, AFSCME Local 1122, the parties put before the mediator for resolution all outstanding Unfair Labor Practices, a Class Action Grievance, and other grievances filed during the course of bargaining. To settle such disputes I make the following recommendations which, after discussion with the chief negotiators, I believe to be fair and in the best interest of harmony between the parties. Therefore 1 recommend: 1) The Union dismiss with prejudice all U.L.P.'s and all grievances which have arisen during this contract negotiations period (October 1988 -August 1990) filed by Local 1122 regarding the City's implementation of economic issues. 2) The Union withdraw all grievances outstanding as of August 2, 1990 except two which are: a) A grievance, and/or U.L.P. filed by accountants which by mutual agreement of the City and Union was not a matter before the mediator and, b) A grievance filed on behalf of about 30 employees, known as the C.D.L Grievance. 3) To resolve the Commercial Driver License (CDL) Grievance, the City compensate those employees who took the Comprehensive Examination on their own time (day off) by giving each three (3) hours of compensatory time to be taken before December 31, 1990, as requested by the employee with the approval of the supervisor. In a case where the City is unable to grant an employee's request for the compensatory time prior to December 31, 1990, then the City pay the employee for three (3) hours at their regular rate of pay. There were no other unsettled issues as of August 2, 1990, except those addressed here. Fixing of the signatures by the parties constitutes their acceptance of the mediator's recommendations FOR THE UNION FOR THE CITY Paul Sears Date rederick C. S ouder Date Chief Negotiator Chief Negotiator AFSCME Local 1122 City of Yakima Bob De •ro-ellie/ Date R. A. Zais, . Preside AFSCME Local 1122 Legal/BD Agenda Stmt. AFSCME City Manager COLLECTIVE BARGAINING AGREEMENT Between CITY OF YAKIMA, WASHINGTON And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME, LOCAL 1122, AFL-CIO EFFECTIVE JANUARY 1, 1989 THROUGH DECEMBER 31, 1991 AFSCME Contract 1990 8/30/90 -1- INDEX PAGE Article I Recognition/Bargaining Unit 3 Article II Union Membership 4 Article III Collective Bargaining 4 Article IV Code Provisions 6 Article V Impasse 7 Article VI Grievance Procedure 8 Article VII Public Disclosure 12 Article VIII Business Leaves 12 Article IX Employee Rights 13 Article X Management Rights 14 Article XI Labor Management Committee 15 Article XII Social Security 16 Article XIII Equal Opportunity Clause 16 Article XIV Contracting Work 16 Article XV Strikes and Lockouts Prohibited 1 7 Article XVI Union Constitution and By Laws 17 Article XVII Maternity Leave Agreement 17 Article XVIII Salaries and Fringe Benefits 18 Article XIX Sick Leave 2 5 Article XX Layoff 3 0 Article XXI Vacation 3 0 Article XXII Holidays 31 Article XXIII Work Week Provisions 3 4 Article XXIV Overtime 3 8 Article XXV Call -Out Pay 3 8 Article XXVI Shift Differential 3 9 Article XXVII Health Hazards/Inoculations 3 9 Article XXVIII Permanent Part -Time Employees 3 9 Permanent On -Call Employees Permanent Seasonal Employees Article XXIX Entire Agreement 4 0 Article XXX Savings Clause 4 0 Article XXXI Termination 41 AFSCNE Contract 1990 - 2 - 8/30/90 COLLECTIVE BARGAINING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of January, 1989, by and between the City of Yakima, Washington, hereinafter called the City, and the Washington State Council of County and City Employees and Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union. WITNESSETH: WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the execution of collective bargaining agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers, and WHEREAS, the parties to this agreement recognize that benefits accrue to general government 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 City's general government employees' 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 general government 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 I - RECOGNITION OF UNION - BARGAINING UNIT The City recognizes the Union as the exclusive bargaining representative of the bargaining unit consisting of all permanent City employees except commissioned employees of the Police Department and all employees of the Fire Department and except those persons appointed to exempt or unclassified positions, City Manager and members of his staff (including Administrative Secretary), Deputy City Clerk, and all employees of the Personnel and Legal Departments. AFSCME Contract 1990 - 3 - 8/30/90 In accordance with RCW 41.56.050 through RCW 41.56.080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) nor less than sixty (60) days prior to the expiration date of this agreement. ARTICLE II - UNION MEMBERSHIP Section A -- Uniou Membership. All employees in the bargaining unit shall, within 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). 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 Secretary of the Union shall notify the Finance Director of the City of Yakima 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, 261 N.E. 45th Seattle, Washington, 98105, 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. ARTICLE III - COLLECTIVE BARGAINING ,$g ' n A -- Collective bargaining between the parties shall be carried out by the City Manager, or his representatives, on behalf of the City Council, and a person or persons representing the Union. Said collective bargaining committees shall not exceed four (4) members each without mutual consent of the parties. The Union staff representative and AFSCME Contract 1990 - 4 - 8r30r90 the City Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes. Section B -- Waggs, lours and Workinnditions. 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 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. Section C -- Negotiations Ti'netable. Prior to the second Monday in September prior to the termination of this Agreement, 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, specifying all sought changes. During the City Manager's preparation of the annual budget, the City Manager shall consider the Union's proposals and negotiate with the Union's collective bargaining representatives. Any agreement reached in negotiations shall be reduced to writing in a memorandum of agreement which shall be signed by the City Manager and the Union's representative no later than the first Monday of November of each year. In the event of disagreement between the collective bargaining committees concerning any Union recommendation and before impasse procedures are invoked, the City's representative and the representative of the Union shall each set out in writing, and furnish a copy thereof to the other party, a brief signed statement containing the subject of disagreement as understood by the party writing the statement, the position on that subject of the other party as understood by the party writing the statement, which written statements shall take the place of a memorandum of agreement on that subject, each of which written statements shall be furnished to the other party no later than the date last mentioned above. Nothing herein shall be construed so as to require approval by the Union of any budget, nor any portion thereof, before its submission to and adoption by the City Council. AFSCME Contract 1990 - 5 - 8130190 ARTICLE IV - 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 2.04.030 -- City Contributions: A, B-4, C-2. Section 2.20.010 -- Persons Subject to Plan. Section 2.20.020 -- Content of Plan. Section 2.20.040 -- Policy for Pay Steps. Section 2.20.050 -- Policy for Present Employees Subparagraph (a). Section 2.20.060 -- Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees. Section 2.20.070 -- Reduction of Salary. Section 2.20.085 -- Reimbursement for Expenditures Subparagraph E. 2.20.088 -- Uniform Allowance - Special Assignment Pay, Subparagraphs B and C. Section 2.20.100 -- Classification Plan, Subparagraph (b). Section 2.20.110 -- Compensation Plan, Subparagraph (e). Section 2.20.120 -- Shift Differential. Section 2.24.010 -- Longevity Plan -- Eligibility -- Restrictions, Subparagraphs A, C, D. Section 2.40.020 -- Vacation Leave, Subparagraphs A, Subunit 1, and Subparagraphs B, C, D, E. Section 2.40.030 -- Sick Leave. AFScME Contract 1990 - 6 - 8/3O o Section 2.40.060 -- Leave Without Pay. Section 2.40.070 -- Unauthorized Absences. Section 2.40.080 -- Holidays with Pay, Subparagraphs A, B, C, D,E,F,G,H,J,K. Section 2.40.090 -- Work Week. Section 2.40.100 -- Overtime Pay, Subparagraphs A-4, B, C, D, E. ARTICLE V - IMPASSE Union and the City's representatives • In the event the are unable to resolve any negotiable matter relating to wages, hours or working conditions, such unresolved matter may be submitted by the parties hereto to the Yakima City Council for preliminary discussion and consideration by that body in an effort to satisfactorily settle such unresolved matter prior to any final City Council action by ordinance, resolution or otherwise. Such consideration by the Council shall be made after reasonable notice to the parties who shall have the right to be in attendance and to be heard. in in . In the event the Union and the City Manager are unable to resolve any negotiable matter relating to wages, hours and working conditions, either party may request mediation and/or fact finding. Before mediation or fact finding is requested, the unresolved matter must be reduced to writing and reasonable notice given to the other party of intentions to seek mediation or fact finding. [Mediation shall be conducted by an appointee of the Washington State Public Employment Relations Commission (PERC).] Fact finding shall be conducted by a committee of citizens of the City who are not employees of the City, one of whom shall be selected by the City Manager, one of whom shall be selected by the Union, and the third chosen by the two so selected. The conclusions of the fact finding committee shall be made public. • - The impasse procedures contemplated by Sections A and B of this article are not mutually exclusive, and any one or all such procedures may be invoked in the event the Union's collective bargaining committee and the City's AFSCME Contract 1990 8/30/90 -7- 0! . representatives are unable to resolve any negotiable matter relating to wages, hours or working conditions. In the event either party invokes impasse proceedings, the request therefore shall be made in a timely manner if reasonably possible so that such proceedings may be concluded before any final City Council action by ordinance, resolution or otherwise. ARTICLE VI - GRIEVANCE PROCEDURE EectlQn A -- 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. Se do B -- lExclusions. Matters covered by the general rules and regulations of the Civil Service Commission of the City of Yakima shall note be covered by this procedure. Section C -- Grievance Defined. A grievance is an alleged wrong or dispute, considered by an employee or group of employees as grounds for complaint, pertaining to employment conditions covered by this Agreement or its application, meaning or interpretation. £,g D Sial Provisions. 1. The term "employee" as used in this Article shall mean a permanent or probationary employee who is a member of the bargaining unit or group of such employees, accompanied by a representative if so desired. 2. 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. 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 AFSCME Contract 1990 8/30/90 -8- 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. 3. Grievances on behalf of an individual employee may not be initiated or pursued without his or her consent. However, contract grievances may be initiated or pursued by the Union. 4. 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. 5. 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 to meet the time limit or extended time limit for responses by the City shall render the decision in favor of the grievant. 6. Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. Section E -- Procedure, To be reviewable under this procedure a grievance must: - Be filed upon a grievance form which has been mutually agreed upon by the City and the Union, specifically Form F-29. - Identify matters or incidents that are alleged to have occurred. - Identify an act or omission by management regarding aspects of this agreement. - Arise out of a specific situation, act or acts complained of as being unfair which has resulted, or identifies an inequity or damage to an employee. - Specify the relief sought. AFSCME Contract 1990 9/10/90 -9- 1. Discussion with Supervisor. Whenever there is an apparent misunderstanding or dispute between an employee and the City, an effort must first be made to resolve the matter informally with the supervisor and/or Division Manager. The affected employee shall pose the question of the misunderstanding and/or dispute in writing to the supervisor(s) and the supervisor(s) shall answer the question of the misunderstanding and/or dispute in writing (then and there) at the initial meeting. If the misunderstanding and/or dispute remains unresolved after the initial informal meeting, the employee shall reduce the dispute, in writing to the Department Head, within ten (10) working days, as a formal grievance. 2. ri v. nc - A • • - aled • D - .. rtmen H- a s . An employee who is dissatisfied with the decision of the Supervisor and/or Division Manager may submit the grievance in writing within seven (7) working days after notification to the employee of the decision of the Supervisor and/or Division Manager to the Department Head. The Department Head shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within seven (7) working days after receipt of the employee's grievance. 3. Grievance Appealed to ity Manager. If the employee is dissatisfied with the decision of his Department Head, the employee may obtain a review by the City Manager by submitting a written request to him for a review, which request shall be submitted within seven (7) working days after the notification to the employee of the decision of the Department Head. Said appeal shall delineate the areas of agreement and disagreement with the response given by the Department Head. The City Manager shall make such investigation and conduct such hearings as he deems necessary, and shall, within fifteen (15) working days after the receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision. 4. A duplicate copy of all statements of grievance, requests for review and written decisions shall be filed by the person making them in the office of the Personnel Officer. 5. Any grievance which the City's management may have against the Union shall be reduced to writing and submitted, no later than ten (10) working 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 make an investigation of the relevant facts and shall, within fifteen (15) working days, provide a AFSCME Contract 1990 - 10 - 8/30/90 written decision, and the reasons therefore. If the matter is not satisfactorily settled, an appeal may be instituted as set forth in Section F below. 6. For purposes of this Article, work days shall refer to Monday through Friday, excluding holidays. Either party to this Agreement may refer unsettled grievances which concern provisions of this Agreement to Arbitration. 1. A request for Arbitration shall be in writing and shall be submitted to the other party not more than ten (10) working days after the reply of the City Manager, or the Union President as applies, or his 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. 2. The Arbitrator may be selected by mutual agreement between the City Manager and the Union. In the event the parties cannot agree on the selection of the Arbitrator within ten (10) working days after the request is filed, then either the City Manager or the Union may request PERC to assign an Arbitrator from its staff. Provided that if the parties mutually agree, the parties may request a list of nine (9) arbitrators, from either Public Employment Relations Commission (PERC), American Arbitration Association (AAA), or Federal Mediation and Conciliation Services (FMCS). Within five (5) working days from the receipt of the list the parties shall meet and 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. 3. 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. 4. The Arbitration hearing shall be convened within thirty (30) calendar days after the selection process is completed. PERC rules and procedures shall govern the hearing. AFSCME Contract 1990 - 11 er30/90 5. 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. 6. Cost of the Arbitration shall be shared equally by the parties, including the Arbitrator's fee and expenses; room rental, if any, and cost of the record. own case. 7. Each party shall bear the cost of the preparation of its ARTICLE VII - PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media, nor otherwise make public disclosure, during pre -impasse negotiations of a collective bargaining agreement. ARTICLE VIII - BUSINESS LEAVES Lection A -- Members representing the Union, not exceeding three (3) in number, shall be granted leave from duty without any loss 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 and the terms of a contract, or for processing grievances when such meetings take place at a time during which any such members are scheduled to be on duty. Actual time spent for meetings shall be limited to time spent in meetings and travel time. actioLa -- Such officers and members of the Union may be designated by the Union, not to exceed three (3) in number at any one time (except for attending labor conventions when the number shall not exceed seven (7) at any one time), shall be granted leave from duty with pay for Union business, such as attending labor conventions and educational conferences regarding collective bargaining and civil service, provided that notice of such conventions or conferences shall be requested and approved at least one week prior thereto 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 fifteen (15) days in any fiscal year. AFSCME Contract 1990 - 12 - 8/30/90 ae"[' -- Shop Stewards. Shop Stewards shall be allowed up to one hour per month with pay for shop stewards meetings conducted during the steward's work shift. The number of Shop Stewards shall not exceed five (5) per City department or a City-wide total of eighteen (18). The Union shall keep the City notified of the current Shop Stewards and local Union officers. ARTICLE IX - EMPLOYEE RIGHTS 1. An employee shall have the right, upon request, to inspect his/her personnel file. No material referring to the employee's job competence or conduct shall be placed in the file without the employees knowledge and the opportunity to attach his/her comments. A copy of any entry pertaining to job competence or conduct will be given to the employee by the initiating department. 2. The initial discussion of a probationary, special or annual performance evaluation shall take place solely between an employee and his/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 or performance shall not be considered disciplinary action and shall not be subject to this provision. Appeals of performance evaluations and disciplinary actions shall be made in accordance with Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 3. Except as otherwise provided in State law, City Charter or 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. 4. Work Rules. Work rules and policy shall be posted for employees and be in writing. They shall be uniformly applied. When existing work rules, policy or procedure are changed or new rules or procedures established, employees whose work assignment is affected shall be notified in writing (that is circulating memorandum) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature. AFSC), E Contract 1990 - 13 - sra0/90 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. 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. 5. The City agrees to establish a Safety and Health Committee in accordance with WAC 296.24.045. 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. 6. 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. ARTICLE X - MANAGEMENT RIGHTS 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: 1. Establish, plan for, and direct the work force toward the organizational goals of the municipal government. 2. Determine the organization, and the merits, necessity and level of activity or service provided to the public. 3. Determine the City budget and financial policies including accounting procedures. 4. Establish, regulate and administer a personnel system, in conformity with the City Charter and Civil Service Rules and Regulations, AFSCME Contract 1990 - 14 - 8/30/90 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. 5. 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. 6. 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. 7. Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. 8. 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 XXIII, Section 5. 9. Relieve any employees from duty due to lack of work or insufficient funds. 10. Take all actions necessary to carry out the mission of the City in emergencies. 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. Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified hereinabove, or any other claimed prerogative may seek his/her remedy by the grievance procedure provided in the Agreement. ARTICLE XI - LABOR MANAGEMENT COMMITTEE The City and the Union shall cooperate to provide the public with efficient and courteous service, to encourage good attendance of employees and to 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 Contract 1990 - 15 - 8/30190 In order to accomplish these goals, a Labor -Management Committee shall be established consisting of three Union members chosen by the Union and the Union business representative; the City Manager or his designee and one management team member chosen by the City Manager; and two City Council members chosen by the Council. The Labor -Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen 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. 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 parties. A final agenda shall be established and distributed to all parties 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. Disposition of matters covered in a labor relations meeting shall not contradict, add to, or otherwise modify the terms and conditions of the contract between the City and the Union but shall approach the matter(s) at issue with a problem -solving effort. ARTICLE XII - 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 XIII - EQUAL OPPORTUNITY CLAUSE In accordance with Revised Order No. 4 implementing U.S. Executive Order 11246, Equal Employment Opportunity Act of 1972 and the Vocational Rehabilitation Act of 1973 as amended and implementing regulations, 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 or national origin, marital status or handicap. ARTICLE XIV - 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 AFSCME conk 1990 -16 - 8/30190 deemed desirable or necessary by the City and reassign employees who might otherwise be laid off as a result thereof; and the City further retains the right to lay off employees at the discretion of the City, due to lack of funds. ARTICLE XV - STRIKES AND LOCKOUTS PROHIBITED 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 therefor any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the Terms of any such law or change of law. 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/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 XVI - UNION CONSTITUTION AND BY LAWS Upon request of the City Manager or his designate, the Union prompt- ly shall furnish to the City Manager a current copy of the constitution, by laws and any other rules or regulations of the Union; and a copy of any revisions of such constitution, by-laws or any other rules or regulations shall be promptly furnished by the Union to the City Manager. ARTICLE XVII - MATERNITY LEAVE AGREEMENT Pregnancy will be treated as any other disability. An employee may work with her doctor's consent as long as she is able and if not able, will be put on disability in accordance with the Municipal Code and as governed by RCW Chapter 49.60 and WAC 162-30-120. AFSCME contract 1990 - 17 - sr3a90 ARTICLE XVIII - SALARIES AND FRINGE BENEFITS A. Salaries. 1. January 1.* 1989 - December 31, 1989 a. WAGES: Effective January 1, 1989, the compensation plan in effect December 31, 1988 for the bargaining unit will remain the same with no wage increase. 2. January 1. 1990 - June 30. 1990 a. WAGES: Effective January 1, 1990, the compensation plan in effect December 31, 1989 for the bargaining unit shall be increased by six percent (6%). 3. July 1. 1990 - December 31. 1990 a. WAGES: Effective July 1, 1990 the compensation plan in effect June 30, 1990 for the bargaining unit shall remain in effect through December 31, 1990. 4. January 1. 1991 - December 31. 1991 a. WAGES: Effective January 1, 1991, the compensation plan for the bargaining unit in effect December 31, 1990, shall be increased by the percentage increase in the CPI -W, U.S. Cities West -C Index experienced between July, 1989 and July, 1990. 5. Longevity. City Code Section 2.24.010, Subparagraph A and Article XVII, Subparagraph 4, shall be amended to provide, effective January 1, 1984, the following change in longevity pay schedule: 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 240 months or more AFSCME Contract 1990 -18 - 8/30190 B. Fringe Benefits. 1. January 1 1989 - December 31, 1989 a. FRINGE BENEFITS PACKAGE (Medical/Vision, Dental and Life Insurance): Effective January 1, 1989, the City shall pay the increased medical costs above 1988 contract levels. 2. Effective January 1, 1990 through December 31, 1991 all employee contributions for the Fringe Benefit Package premiums shall be subject to semi-annual adjustments as determined by Direct Administrators or the City's broker of record and implemented after such determination. 3. January 1, 1990 - June 30. 1990 a. FRINGE BENEFIT PACKAGE (MEDICAL/VISION, DENTAL, AND LIFE INSURANCES): Effective January 1, 1990, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward the total premium for the covered employee's fringe benefit package which includes medical/vision, dental and life insurances. Any premium amount over and above the One Hundred Twenty Dollars ($120.00) level shall be paid by the employee by payroll deduction. Effective January 1, 1990, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and employee's family fringe benefit package which includes medical/vision, dental and life insurance. Any premium amount over and above the Two Hundred Fifty Dollars ($250.00) level shall be paid by the employee by payroll deduction. Effective January 1, 1990, employees shall contribute Forty - One Dollars and seven cents ($41.07) per month for an employee -only fringe benefit package or Seventy -One Dollars and Eighty -Five Cents ($71.85) per month for an employee and family fringe benefit package. Said premiums shall be paid by payroll deduction. 4. _ply 1. 1990 - December 31. 1990 a. FRINGE BENEFITPACKAGE (MEDICAL/VISION, DENTAL AND LIFE INSURANCE): Effective July 1, 1990, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward AFSCME Contract 1330 - 19 - 8/30/90 the total premium for the covered employee's fringe benefit package which includes medical/vision, dental and life insurance. Any premium amount over and above the One Hundred Twenty Dollars ($120.00) level shall be paid by the employee. Any premium amounts in excess of the One Hundred Twenty Dollars ($120.00) level shall be determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduction. Effective July 1, 1990, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and family fringe benefit package which includes medical/vision, dental and life insurance. Any premium amount over and above the Two Hundred and Fifty Dollars ($250.00) level shall be paid by the employee. Any premium amount in excess of Two Hundred Fifty ($250.00) level shall be determined by the applicable insurance broker of record and shall be paid by the employee by payroll deduction. Effective July 1, 1990, employees shall contribute Thirty Dollars and Ninety -Two Cents ($30.92) per month for an employee -only fringe benefit package or Fifty -One Dollars and Eighty -Five Cents ($51.85) per month for an employee and family fringe benefit package as reflected below. Said premiums shall be paid by payroll deduction. July 1, 1990 Employee Only Premium Calculation Projected Claims $150.92 City Contribution -120,00 Employee Contribution $ 30.92 July 1, 1990 Employee and Family Premium Calculation Projected Claims $301.85 City Contribution -250,00 Employee Contribution $ 51.85 In the event the projected claims for an employee only or an employee and family decrease below the One Hundred Fifty Dollars and Ninety -Two Cents ($150.92) and the Three Hundred One Dollars and Eighty -Five Cents ($301.85) respectively, between July 1, 1990 and December 31, 1991, the employee's contribution shall be adjusted to reflect 100% of the savings. Said savings shall not exceed Thirty Dollars and Ninety -Two Cents ($30.92) for employee only coverage or Fifty -One Dollars and Eighty -Five Cents ($51.85) for an employee and family coverage. AFSCME Contract 1990 9/1 0/90 -20- 5. January 1, 1991 - December 31. 1991 a. FRINGE BENEFIT PACKAGE (MEDICAL/VISION, DENTAL AND LIFE INSURANCE): Effective January 1, 1991, the City shall contribute up to a maximum of One Hundred Twenty Dollars ($120.00) per month toward the total premium for the covered employee's fringe benefit package which includes medical/vision, dental and life insurances and the employee shall contribute Thirty Dollars and Ninety -Two Cents ($30.92) for a total premium of One Hundred Fifty Dollars and Ninety -Two Cents ($150.92). Fifty °dim and Ninety -Two C .. ($I5O.92) level shall be ! !' �s �ho�n in t ,� following example: EXAMPLE FOR ILLUSTRATION PURPOSES ONLY Projected Claims City/Employee Combined Premium Contribution Difference 50%/50% Split New City Premium Contribution New Employee Premium Contribution $160.92 = 150.92 10.00 5.00 $125.00 $35.92 Any premium amounts in excess of the One Hundred Fifty Dollar and Ninety -Two Cent ($150.92) level shall be determined by the applicable broker of record. Effective July 1, 1991, the City shall contribute up to a maximum of Two Hundred Fifty Dollars ($250.00) per month toward the total premium for the covered employee and family fringe benefit package which includes medical/vision, dental and life insurances and the employee shall contributed Fifty -One Dollars and Eighty -Five Cents ($51.85) for a total premium of Three hundred One Dollars and Eighty -Five Cents ($301.85). �� tt .r u t • �� + j uu. , ed ne of ar ani Eigh.tyFive Cent ($3Oj.85) level shall __ •1._ asis as own in the following eX,�.Zle: AFSCME Contract 1990 8/30/90 -21- 1! • 1 .. • EXAMPLE FOR ILLUSTRATION Projected Claims City/Employee Combined Premium Contribution Difference 50%/50% Split New City Premium Contribution New Employee Premium Contribution PURPOSES ONLY $321.85 301.85 20.00 10.00 $260.00 $61.85 Any premium amounts in excess of the Three Hundred One Dollars and Eighty -Five Cents ($301.85) level shall be determined by the applicable broker of record. 6. Medical Insurance a. Employee Coverage -- Effective January 1, 1989 through December 31, 1989 the City shall pay the total monthly medical insurance premium for each employee who is eligible to enroll in the group medical program. Effective January 1, 1990, through December 31, 1991, the City and the employee shall pay the total monthly medical insurance premium as part of the fringe benefit package premium calculation specified in Sections 2, 3 and 4 above for each employee who is eligible to enroll in the group medical program. b. Dependent Coverage -- Effective January 1, 1989 through December 31, 1989 the City shall pay the total monthly medical insurance premium, in accordance with basic policy provisions in effect for employees, for employee with spouse, and/or dependents who are eligible to enroll in the group medical program. Effective January 1, 1990, through December 31, 1991, the City and the employee shall pay the total monthly medical insurance premium, as part of the fringe benefit package premium calculation specified in Sections 2, 3 and 4 above, in accordance with basic policy provisions in effect for employees, for employee with spouse, and/or dependents who are eligible to enroll in the group medical program. c. Cost Containment -- Medical cost containment provisions applicable to employees and dependents effective January 1 and July 1, 1987 and cost containment provisions effective January 1, 1988 are included in Attachment A. AFSCME Contract 1990 8/30/90 -22- d. Retiree Coverage 1) Upon payment of the premium as required in d.(4) herein, retirees may elect to remain in the group medical plan until they reach age 65. 2) Spouses of retirees may remain in the group medical 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. 3) Other dependents of retirees may remain in the group medical plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents. 4) Retirees, or spouses of deceased retirees, shall pay the 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 applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 7. Vision Care. For the period January 1, 1989, through December 31, 1991, the medical program shall include a vision care program as part of the major medical benefits plan for employees and their eligible dependents in accordance with the following schedule: AFSCME Contract 1990 9/10/90 a. Eye Examinations -- 100% up to $45.00 once in any calendar year. b. Spectacle Lenses Single Vision Lenses Bifocal Lenses Trifocal Lenses Lenticular Lenses 23- 80% UCR 80% UCR 80% UCR 80% UCR c. Frames -- one pair each 24 calendar months @ 100% to $60.00 d. Contact lenses -- when medically necessary following surgery 80% UCR e. Cosmetic contacts paid up to regular frame and lense amount once each 24 months. 8. Dental Insurance. Dental insurance for eligible employees and their dependents shall be provided under Dental Plan V, Washington State Council of County and City Employees Health and Welfare Trust; dental insurance premiums to be prescribed by the Trustees of the Washington State Council of County and City Employees Health and Welfare Trust. Effective January 1, 1989 through December 31, 1989 the City shall pay the total premium for the Dental Plan V program for eligible employees and their dependents. The dental insurance program shall be part of the fringe benefit package premium calculation specified in Sections 2, 3, and 4 above for the period of January 1, 1990 through December 31, 1991. 9. Life Insurance. Effective January 1, 1989 through December 31, 1989 the City shall pay the entire life insurance premium for eligible employees. Effective January 1, 1990 through December 31, 1991 the life insurance premium shall be part of the total fringe benefit package premium calculation specified in Sections 2, 3, and 4 above. 10. Wellness Committee. A representative from this bargaining unit will be appointed to the Wellness Committee when formed. This Committee will discuss such topics as heart life programs and physical exam coverage. 11. Creation of Joint Committee on Health Insurance. The City of Yakima and AFSCME Local 1122 will each select four members to serve on the committee from a list of eight names provided by the other entity. The purpose of the committee 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. AFSCME Contract 1990 - 24 - Among the assignments of the committee is to explore the possibility and feasibility of creating a Trust Fund specifically covering Division 7 employees (AFSCME) administered by a Board of Trustees selected jointly by the City and the Union. Included among the assignments of the committee is the exploration of other alternatives if so desired. To enable the Joint Committee on Health Insurance to become knowledgeable and to make reasonable and objective recommendations for change, the City agrees to: a) Complete separation of Division 7 Group employees from any other employee group within the City. b) Complete open disclosure and cooperation to the Committee with City staff and Direct Administrators on information necessary for the committee to complete its duties. The committee will begin its work within 30 days after execution of this agreement, and complete it by December 31, 1991. By consensus of the committee an extension of time to complete the work can be granted by the City and the Union, by mutual agreement. The Union shall continue to have the right to withdraw from the City's self-insured program by notifying the City six months prior to the expiration of this contract. ARTICLE XIX - SICK LEAVE lection A -- Accrual. Sick leave with pay is established as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows: 1. All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City. Said accrual shall be prorated for permanent part-time employees. 2. Unused sick leave shall be cumulative for succeeding years to a maximum of 1040 hours. Employees whose sick leave balance exceeds the aforementioned maximum as of December 31, 1981 shall be AFSCME Contract 1990 8/30/90 -25 permitted to retain that overage until such time as use reduces the balance below 1040 hours. No additional credits will be subsequently allowed above 1040 hours. aestion B -- Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness or physical incapacity resulting from causes beyond employee's control; 2. Verifiable visits to a physician or dentist for examination and/or treatment. 3. Quarantine of employee due to exposure to a contagious disease. 4. On-the-job injuries. Any employee receiving sick leave with pay, who is eligible for time loss payments under the Workman's Compensation Law may be paid full salary (sick leave) and on receipt of time loss payments may endorse such payments to the City to restore a portion of their used sick leave based upon the following formula: Time loss payment divided by the employee's regular hourly rate of pay equals hours of leave to be restored. At the option of the employee, the employee can retain her/his time loss payment. Employees retaining the time loss payment can continue to use accumulated sick leave. 5. The death of a member of the immediate family of an employee or employee's spouse. For purposes of this subparagraph, the term "immediate family" means any husband, wife, parent, grandparent, child, grandchild, brother or sister. No leave of absence in excess of three days for a family death shall be taken by an employee unless additional leave is recommended by the employee's Department Head and approved by the appointing authority. 6. Care for a child of the employee under the age of 18 years of age with a health condition that requires verifiable treatment or supervision. AF ME Contract 1090 - 26 - 8/30/90 7. Serious injury or illness to other members of employee's immediate family living with and dependent upon the employee, con- stituting an emergency or crisis. Any sick leave granted for these purposes must be approved by the Division Manager or Department Head. 8. Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer. 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 Sections C and D of this Article. !J 1. Every employee must report to the representative desig- nated by his Department }lead the reason for the absence as far in advance of the starting of his scheduled work day as possible. Generally, this report should be made no later than one-half hour after the starting time of the shift on the first day of absence. 2. An employee must keep his Department Head informed of his condition if absence is of more than three working days in duration. 3. For each absence an employee must submit upon the ap- proved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three working days, or for each absence, if requested by the Department Head. If a physician's statement is to be requested by the Department Head, the employee shall be so notified before his/her return to work. 4. Employees must permit home visits or medical examinations at the expense of the City and mutual convenience of the City and the employee. '.:11 - .1 1. Any failure to comply with the provisions of Section C above 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. AFSCME Contract 1990 - 27 - 8r30/90 2. Misrepresentation of any material facts in connection with paid sick leave or other paid leave taken in lieu of sick leave by an employee shall constitute grounds for suspension or discharge. 3. It shall be the responsibility of the Department Head or his designated representative to: a. Review all sick leave or other paid leave taken in lieu of sick leave and approve that which is bona fide and complies with the provisions of this section and forward approved time cards to the Personnel Department. The Personnel 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 Personnel Officer upon recommendation of the Department Head as indicated by his 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; b. Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave; c. Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use; d. 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. Section E -- Sick Leave Exchange. Any permanent employee may exchange accrued sick leave for pay or for additional leave time as appro- priate, in accordance with the options provided the employee, subject to the following provisions: 1. Employees who have accrued less than 720 hours of sick leave may exchange sick leave for additional vacation days or for cash as follows: a. Upon retirement or death the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $6,250. AFsCME contract 1990 - 28 - arao/so b. Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to 720 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 calendar days notice. Effective January 1, 1988, maximum payment shall be $6,250. 2. Employees who have accrued 720 hours or more of sick leave may exchange sick leave for additional vacation days or for cash subject to the following provisions: a. Upon retirement or death, the employee's accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 100% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $12,500. b. Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of 720 hours will be exchanged for pay at the rate of 50% of the employee's current base pay. Effective January 1, 1988, maximum payment shall be $6,250. c. Employees who have accrued more than 720 hours 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 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. 3. Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided in Section E-1 or E-2 above at the option of the employee, subject to the following conditions and provisions: a. 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. b. Requests will be accepted only during the first five working days of each month with exchanged leave to be available within fifteen 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. AFSCNE Contract 1990 8/30,50 -29- c. No request will be granted for less than eight hours pay or a minimum of three days leave. d. No exchange will be granted to an employee who has been terminated for cause. e. In the event of layoff, exchange requests are the responsibility of the employee. ARTICLE XX - LAYOFF In the event that it becomes necessary to amend the layoff procedure in the Civil Service Rules, the City and the Union shall cooperate to develop layoff procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE XXI - VACATION Employees shall be granted annual vacation pursuant to the following conditions: follows: 1. All full time employees shall accrue vacation with pay as Years of Service Accrual Rate After one (1) full year 6.67 hours per month (80 hours per year, 40 hours may be taken after 6 months) After two (2) full years 8.0 hours per month (96 hours per year) After five (5) full years 10.0 hours per month (120 hours per year) After ten (10) full years 12.67 hours per month (152 hours per year) After fifteen (15) full 14.67 hours per month years (176 hours per year) AFSC E Contract 1990 8/30/90 -ao- Said accruals shall be prorated for permanent, part-time employees. 2. Employees shall be allowed to accrue a total amount of vaca- tion time equal to the amount which can be earned in two years. 3. Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article XIX, Section C and D provided the employee immediately upon becoming ill, notifies the division manager and presents to the division manager upon return to work a physician's certificate stating the nature of the illness and the length of the incapacity. ARTICLE XXII - HOLIDAYS The following shall be recognized and observed as paid holidays: New Year's Day; Martin Luther King's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; day after Thanksgiving Day; Christmas and one personal holiday. Section A -- Personal Holiday. The personal holiday may be taken subject to the following conditions: 1. The employee has been or is scheduled to be continuously employed by the City for more than six months, and 2. The employee has given not less than 14 calendar days of written notice to the Division Manager, provided however, the employee and the Division Manager may agree on an earlier day, and 3. The Division Manager has approved the day, and 4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department, and 5. 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. AFSCME Contract 1990 - 31 - Section 13 -- General Holidays, 1. Whenever any holiday specified by State law falls on Saturday, the preceding Friday shall be the holiday. Employees who work Friday in such case shall be paid according to City Code Section 2.40.080 Subsection E. Whenever any holiday specified by State law falls on Sunday the following Monday shall be the holiday. Employees who work Monday in such case shall be paid according to City Code Section 2.40.080 Subsection E. 2. For employees scheduled off other days: Whenever a holiday falls on a regular day off the employee shall be granted an equiv- alent day off within 30 days of the holiday with such day off to be scheduled by the Division Manager, but giving the employee the choice of the day preferred if possible. 3. Weekend -Workers. 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. 4. Sewer Division Holidays: Thanksgiving, Christmas and New Years shall be non -working holidays except for emergency coverage in accordance with the rules established by the Division Manager. Holidays other than the three stipulated holidays shall be worked if assigned if they fall within the scheduled work week. Individual employees and management may make mutually satisfactory arrangements which allow time off rather than work on the non -working holidays. Requests for release from holiday duty shall be submitted to the Wastewater Superintendent as early as possible, but no later than 30 days prior to the working holiday. Approval of time off is at the discretion of management dependent upon operational circumstances. S. A request(s) for release from holiday duty will be acted upon by the Division Manager at least 10 days prior to the holiday. However, management may cancel an approved request if unforeseen events create a staffing vacancy which must be covered, or in case of an emergency. Subsequent to approval of holiday time off, employees may not demand to work the holiday. AFSCME Contract 1990 - 32 -8/30/90 6. If a holiday falls on a normal day off, an equivalent day off will be granted to be scheduled within 90 days of the holiday. Time and one-half 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 1-1/2 days being granted off within 90 days. If not specified here the general holiday agreement applies. 7. Refuse Division Holidays: Holidays shall be worked as as- signed except as modified below. In addition to Thanksgiving, Christmas, and New Year's Day, which shall be non -working holidays, employees of the Refuse Division shall not work on any contract holiday when the County landfill is closed. Provided, however, that when these holidays fall within the work week, uncollected refuse on these days will be collected on a weekend or other alternate day to be set by the Division Manager and employees working the alternate day will be paid at the overtime rate for all hours over 40. If not specified here, the general holiday agreement will apply. 8. Police Division Holiday.: Due to the round-the-clock character of Police Department ser- vices, it is often necessary to assign members of the bargaining unit to work on holidays. If an employee is assigned to work on one or more of the designated ten (10) holidays, he or she may, at least thirty (30) days prior to the upcoming holiday: 1. Request that day off, or 2. Request a day off in lieu of the day in question. The alter- nate day off may be specified at the time of the request or established at a later date. If, in Management's discretion, either of the above types of requests are not approved, the employee shall be compensated at time and one-half pay for all hours worked on the assigned holiday. This is in addition to the regular, straight time pay due. The same pay conditions will hold for employees who have not requested the day off but have been assigned to, and perform, work on the holiday. AFscME contract 1990 8/30/90 -33- If a request is approved for an in lieu day off, and a specific date has not been designated by the employee, a subsequent request to Management should be submitted at least thirty (30) days prior to the desired day off. In the event Management does not approve the requested in lieu day off or subsequently assigns an employee to work on a previously approved in lieu day, compensation shall be made at time and one-half pay for all hours worked. This is in addition to the regular straight time pay due. It is the employee's responsibility to make requests for appropriate holiday time off. If in lieu days accumulate, they will be lost at calendar year end unless they have been previously specified per the conditions of these provisions. 9. 1014 Schedule: Employees working a 10/4 schedule shall earn ten (10) hours credit per holiday listed above. All other provisions of this Article will continue to apply. ARTICLE XXIII - 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. Employees' schedules will conform to the provisions of this Article unless specifically modified by an Addendum to this contract, as provided for in Section 9. Section 1 -- Full-time and Perm_r:n m loyees a. Work Day. Employees will be scheduled to work a day of eight (8), ten (10) or twelve (12) consecutive hours within a 24 hour period. b. Work Week. The work week shall consist of five con- secutive 8 -hour days with 2 consecutive days off, or 4 consecutive 10 -hour days with 3 consecutive days off. c. Regular Hours. The City shall establish each work schedule which shall provide for regular starting and quitting times for each work day, and shall provide for the work week to begin and end on regularly established days of the week. AFSCME contract 1990 8/30/90 -34- d. Meal Periods. The work day will provide for at least a one-half (1/2) hour unpaid meal period to be scheduled as near mid -shift as possible. e. Rest Periods. The City shall provide employees with a 15 minute rest period for each one-half (1/2) shift, provided, the scheduled half shift exceeds a period of three (3) hours. The City shall establish when the rest period shall be scheduled and rest periods will be scheduled as near the middle of each half shift as reasonably possible. ' 7. 1,11. 11 ' to . a. Schedules. Part-time employees will be assigned to schedules which may consist of a part-time work day, a part-time work week or a combination thereof. b. Work Day. Part-time employees may be assigned to a work day of eight hours or less and scheduled for consecutive hours of work. c. Work Week. Part-time employees' work week may be scheduled for consecutive or non-consecutive days. For example: an employee may be scheduled to work on Monday, Wednesday and Friday; or, an employee may work Monday, Tuesday, Wednesday and Thursday. Work weeks shall be scheduled to meet the needs of the Division/Department. d. Regular Hours. Permanent part-time employees will be scheduled to a work day with regular starting and ending times and scheduled to begin and end the work week on regularly established days of the week. e. Meal Periods. Part-time employees will be entitled to at least a one-half hour unpaid meal period after four (4) hours of work which the City will provide if the employee requests the time. f. Rest Periods. Part-time employees will be provided a 15 minute paid rest period for each continuous four (4) hour period the employee works. AFSCME Contract 1990 8130/90 aection 3 -- On -Call Employees On-call employees will not be scheduled to work a regular set shift, but rather, will be called to work to fill-in during the absence of another employee. On-call employees will be entitled to the meal and rest periods provided for in the scheduled shift for which they are filling in. No employee will be scheduled to a regular shift of less than four (4) consecutive hours except in the Transit Division or Parks and Recreation Divisions. No employee shall be scheduled to a regular shift of greater than 12 consecutive hours. �t�n�, - York Schedule Changes. Any overall, long term change in work schedules will be discussed between the City and the Union prior to implementation. The City 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 effected employees. Although reasonable warning will be given whenever possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to cover for the absences of another employee due to termination, resignation, vacations, or sick leave. Other than the reasons cited above, an employee's work shift shall not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or called to work before the regular starting time or retained to work beyond the regular quitting time. Lection 6 -- Emerggncy Situations, The City shall determine when an emergency situation exists and an emergency shall be defined as a sudden, unexpected event which creates a situation endangering the public or employees health and/or safety. In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees. However, management will endeavor to preserve employee work schedules whenever possible. AFSCME Contract 1990 8/30/90 - 36 - 5sKtion 7 -- Transit, It is recognized that Transit operations are unique and that normal City hours of work and rest period provisions cannot be applied. Transit operators shall be scheduled to , work by bidding on routes according to the Transit Division traditional system. Route schedules may be for consecutive hours or for a split shift. The work week may consist of non-consecutive work days. Such exceptional work schedules shall have established starting and quitting times for each day, shift and shift part. Seniority shall prevail in the bidding for routes and in work week selection. Routes will be scheduled to provide a regular opportunity for the drivers to leave the bus. recti n 8 -- Parks and Recreation. Employees of the Parks and Recreation Division may be scheduled for split work days and split work weeks when necessary. All work schedules shall have established starting and quitting times for each day, shift or shift part. lection 9 --29ater Treatment Plant All of the operators at the City's Water Treatment Plant will rotate every twenty-eight (28) days from days to nights and nights to days, as applicable. The relief operator responsibilities are also rotated every three months. Under this work schedule, the hours are split forty- six (46) hours one week and thirty-one (31) hours the next week. The work week begins 6:00 a.m. each Sunday. Under this arrangement, the employees will be changed from their current salary pay status to hourly pay status. Thus, the employees will be paid over -time for six overtime hours worked in the 46 hour week (46 minus 40=6). The next week the employee will work and be paid for a scheduled thirty-one (31) hours. This will facilitate the payment of overtime to the employees for working more than forty (40) hours in one week. m1ip 10 .ddenda Recognizing the diversity of the work force in the Bargaining Unit, the Union and the City 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 AFSCME Contract 1990 - 37 - 8t3o190 and will require approval of the City and the Union and a majority of the employees covered by the Addenda. ARTICLE XXIV - OVERTIME Employees who are required to work more than 40 hours in any work week shall be paid one and one-half times the regular rate of pay for credited time in excess of 40 hours per week. Credited time shall be in fifteen (15) minute increments. However, compensating time off at the time and one-half rate in lieu of overtime pay may be requested by the affected employee. In that case, compensating 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 compensating time off. Compensatory time off may be accrued to a maximum of 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 40 hours shall remain until used. Time spent by an employee beyond the normal working day for train- ing classes or travel time for same, shall not be considered time worked for calculation of overtime pay. Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay. The City shall grant time off to eat to any employee who is requested to and does work two hours beyond the regular quitting time. The employer shall grant 30 minutes to eat every four hours thereafter while the employee continues to work. In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall insure the employee obtains a meal though at the latter's expense. ARTICLE XXV - CALL OUT PAY A minimum of two hours pay at the time and one-half rate will be paid to an employee who is called to return to work after leaving the work site at the completion of the shift or is called to work on a day off. Call out time is counted from the time the employee begins work until the employee is released from the workplace. AFSCME Contract 1990 8)30/90 -38- ARTICLE XXVI - SHIFT DIFFERENTIAL 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 4% per hour over base pay will be paid for all hours worked within the stipu- lated period to the nearest one-half 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. Transit operators who work a split shift or split work week shall receive 4% shift differential for 20 hours per week. Operators who work both split shift and split work week shall receive 4% differential for 30 hours per week. ARTICLE XXVII - HEALTH HAZARDS/INOCULATIONS For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human or animal waste, the City will arrange and provide for inoculations or vaccines recommended by the Yakima County Health Officer. ARTICLE XXVIII - PERMANENT PART-TIME EMPLOYEES PERMANENT ON-CALL EMPLOYEES PERMANENT SEASONAL EMPLOYEES Whenever possible permanent part-time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. Permanent part-time employees may work on an "on-call" basis and be asked to report daily to their duty station to determine if their services are needed for that day. Such employees will receive compensation only if their services are needed. Permanent part-time employees 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. If called to report for work in their assigned job classification, permanent part-time, on-call, or seasonal employees shall report to work or utilize vacation, sick leave, or other time off in accordance with the provisions of this Agreement. It is recognized and expected that permanent part-time and on-call employees may be assigned work to fill-in while permanent full-time employees are absent due to vacation, illness, or other cause which may preclude the assignment of a specific work schedule and therefore not considered to have a regularly scheduled work shift. AFSCME Contract 1990 - 39 - 8/30/90 Permanent part-time employees will be eligible to receive overtime payments in accordance with Article XXIV only if they work more than 40 hours in any calendar week. No overtime compensation will be paid if such employee exceeds the regularly scheduled workday unless such work causes the employee to work more than 40 hours in the work week. The provisions of Article XXV, Call Out Pay, shall not apply to permanent part-time, on-call or seasonal employees. Permanent part-time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked. In order to facilitate crediting to those accounts, permanent part-time, on-call, and permanent seasonal employees 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 time will be adjusted annually. ARTICLE XXIX - ENTIRE AGREEMENT This Agreement constitutes the complete and entire Agreement be- tween 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. The parties are not bound by the past practices or under- standings of the City or the Union unless such past practices or understandings are incorporated in this Agreement. The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter not removed from the collective bargaining process by law and regarding wages, hours, and working conditions 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 Article IV, Section C, Negotiations Timetable. ARTICLE XXX - SAVINGS CLAUSE 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. AFSCME Contract 1990 8/30/90 -40- •' ARTICLE XXXI • TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 1989 and shall terminate on December 31, 1991 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. Recommended By: Paul Sears Chief Negotiator AFSCME Local 1122 EXECUTED by the parties hereto this sunt mataact as ATTEST: a- - City Clerk AFSCARE Contract 1990 8/30/90 -41- Frederick C. Stouder Chief Negotiator City of Yakima 3 day of Oci-6-ch. , 19 9 D City , of Yakima By: R.A. Zais, Jr. City Manager The Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO Bob D Presid