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Home My WebLink AboutR-1993-068 Restrooms / L & IRESOLUTION NO. R-93- 68 A RESOLUTION authorizing the execution of a settlement agreement between the City of Yakima and the Washington State Department of Labor & Industries. WHEREAS, the City of Yakima and the Washington State Department of Labor & Industries desire to memorialize an agreement intended to inform the Washington State Board of Industrial Insurance Appeals that matters of concern regarding transit division operations which have been the subject of Citation and Notice No. 111218012, have been resolved, and that the City of Yakima is in a position to accept an offer made by the Department of Labor & Industries to settle the pending case involving the above referenced citation, without further resort to adjudication, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City that the agreement be memorialized according to the terms and conditions of the attached settlement document, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with the Department of Labor & Industries for the purpose mentioned above; a true copy of the agreement is attached and incorporated by this reference to it. ADOPTED BY THE CITY COUNCIL this 22nd day of lune , 1993. ATTEST: Mayor City Clerk (1s)res/local 1122.sc SE 1" 1'LEMENT AGREEMENT BETWEEN THE CITY OF YAKIMA AND WASHINGTON STATE COUNCIL OF COUNTY & CITY EMPLOYEES LOCAL 1122, AFSCME, AFL-CIO SECTION 1: PARTIES. This agreement is made between the City of Yakima, a municipal corporation, and the Washington State Council of County and City Employees Local 1122, American Federation of State, County, and Municipal Employees, AFL-CIO, hereafter called "the Union." The Union is representing transit drivers in the City's Transit Division, including those employees who, through Shop Steward Mary Picton, requested a workplace inspection pursuant to RCW 49.17.110, resulting in Department of Labor and Industries Citation & Notice # 111218012. SECTION 2: PURPOSE. The purpose of this agreement is to fully and completely settle issues relating to the above given citation, to the satisfaction of all parties, so that the Department of Labor and Industries can report the settlement to Mediation Judge Gary Thorson. By this document, the Department of Labor and Industries is advised that the parties have reached agreement on the below given terms and conditions as a full settlement of the issue. SECTION 3: TERMS AND CONDITIONS. The following are the terms and conditions to which the parties agree in settlement of the above-described issue: 1. The City recognizes the need for adequate time for breaks for transit drivers during the course of driving shifts. The transit manager will use his best effort to approve route scheduling that provides adequate time for breaks (including layovers) of approximately five to seven minutes per hour. The Employee Work Force Committee will have the opportunity to be involved in a variety of subjects, which can include route scheduling and/or decisions regarding run -cuts, future changes in schedules, and/or development of new routes and schedules. If the full committee's workload does not permit the depth of discussion necessary to consider such topics, a sub -committee will be constituted to fully consider such matters and report to the full committee, so that these topics can be timely considered. Consideration given to break time will be applicable when routes are extended, so that time points for such routes will also be extended to allow time for breaks. Upon drivers' request and in accordance with the judgment of the Transit (mlw)misc/Sttl Agmt/C.O.Y. & AFSCME 1122.sc Manager, transit staff will conduct reviews of time points on the buses. 2. The Transit Manager will post the agenda of the Transit Committee. Drivers are welcome to attend the meetings of the transit committee. When issues of concern to the drivers as a whole are considered by the Transit Committee, the Transit Division will provide for paid attendance for one to three drivers, the number needed to make a presentation to the transit committee on a topic of interest and concern to the drivers as a whole. 3. The City acknowledges the legitimate concern raised by the issue involved in the above referenced citation. The City will directly communicate its acknowledgntent to the transit division drivers and express its regret for the inconvenience and impact they have experienced in the period before an adequate resolution has been reached of the problem. This will be done in a letter to employee representative Mary Picton, for further distribution to the drivers. The City will also place in the employee newsletter an article explaining the need for city hall employees' cooperation with transit drivers during the temporary use of City Hall as a transfer site and restroom facility. This article will explain that the city administration chose city hall as the site and that the administration expects employee cooperation. A quote from the City Manager will appear, expressing support for transit operations, both at the temporary and future transfer sites. Signed this `T Li' day of June, 1993. FOR WASHINGTON STATE COUNCIL OF COUNTY FOR THE CITY OF YAKIMA: AND U1 Y EMPLOYEES LOCAL 1122: BY: BY: Picton Shop Steward T. Kae Roan Staff Representative For Council Two (mlw)misc/Sttl Agmt/C.O.Y. & AFSCME 1122.sc BY: ATTEST: Richard A. Zais, Jr. City Manager ICU City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE BOARD OF INDUSTRIAL INSURANCE APPEALS STATE OF WASHINGTON In re: CITY OF YAKIMA-TRANSIT ) DEPARTMENT ) ) Citation and Notice No. 111218012 ) ) NO. 93 W056 AGREEMENT OF PARTIES The parties in this matter, CITY OF YAKIMA - TRANSIT DEPARTMENT (Employer), and the Department of Labor and Industries, Division of Industrial Safety and Health (Department), hereby enter into the following agreement for the sole purpose of allowing the Board of Industrial Insurance Appeals to enter a Board Order on Agreement of Parties. 1. With respect to Item No. 1-1 the parties agree that the alleged violation shall be affirmed except that the penalty is to be modified from a serious to a general violation based on a determination by the Department that there is no substantial probability that serious physical harm or death could have resulted from the violation. Further, the AGREEMENT OF PARTIES - 1 �flJQT LLLk OFFICE OF THE ATTORNEY GENERAL Labor & Industries Division PO Box 40121 Olympia WA 98504-0121 (206) 459-6563 probability and severity have each been reduced to a 3. Therefore, the total proposed penalty for the general violation on Item 1-1 will be $1,350.00. 3. The Employer acknowledges that it owes a duty to every employee at the job site, including employees of subcontractors, to comply with all applicable state regulations. 2. Therefore, the total penalty for Citation and Notice No. 111218012 will be a total of $1,350.00. The Employer promises to pay the amount of penalties assessed as modified by this agreement within fifteen (15) days of receipt of the Board's Order on Agreement of Parties. 3. The Employer promises and agrees that the violation shall be abated within fifteen (15) days from receipt of the Board's Order on Agreement of Parties, if it has not already been abated. 4. The union in this matter, AFSME, has signed the Agreement of Parties. However, a notice to employees will be posted, as stated below, to give those employees an option to voice any objections. 5. Pursuant to the provisions of WAC 296-350-400(8)(d), CITY OF YAKIMA - TRANSIT DEPARTMENT agrees to post a copy of the Notice to Employees of Proposed Agreement at each establishment to which this agreement applies in a conspicuous AGREEMENT OF PARTIES - 2 OFFICE OF THE ATTORNEY GENERAL Labor & Industries Division PO Box 40121 Olympia WA 98504-0121 (206) 459-6563 place or places where notices to employees are customarily posted for a period of ten (10) days before it is filed with the Board of Industrial Insurance Appeals. DEPARTMENT OF LABOR & INDUSTRIES CITY OF YAKIMA-TRANSIT DEPARTMENT ELLIOTT S. FURST `": [2-6-22 RIC&D A 1 r JR. Assistant Attorney General DATED: AGREEMENT OF PARTIES - 3 City Manager DATED 7,:a.9, (90-13 T E Jac hz,_ j2-C�zr�c� City Cierk AFSCME MARY PI Shop Stew- d DATED 613L3 OFFICE OF THE ATTORNEY GENERAL Labor & Industries D!vision PO Box 40121 Olympia WA 98504-0121 (206) 459-6563