HomeMy WebLinkAboutR-2015-141 2015-2018 Correction of CBA with Teamsters #760; Yakima Police Management UnitRESOLUTION NO. R-2015-141
A RESOLUTION authorizing a Letter of Agreement between the Yakima Police Management Unit
represented by Teamsters Local No. 760 and the City to correct a non-compliant
provision of the previously adopted Collective Bargaining Agreement effective
January 1, 2015 through December 31, 2018.
WHEREAS, the City and Teamsters Local No. 760 entered a Collective Bargaining
Agreement effective January 1, 2015 through December 31, 2018, on behalf of the Yakima
Police Management Unit, providing for certain specific options concerning Sick Leave Exchange
opportunities; and
WHEREAS, subsequent to the ratification and execution of the Collective Bargaining
Agreement (CBA) the City was notified by the HRA VEBA third party administrator (TPA) that
certain portions of the Agreement that related to sick leave exchange opportunities were non-
compliant with Internal Revenue Service requirements, and
WHEREAS, the City and the Teamsters Local 760 have reached an agreement,
represented by the Letter of Agreement attached hereto and incorporated herein by this
reference, that resolves the potential non-compliant provision of the underlying Collective
Bargaining Agreement; and
WHEREAS, there is no financial impact to either party by the approval and enactment of
the revisions expressed in the Letter of Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the execution of the attached Letter of Agreement; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated Letter of Agreement revising certain portions of the Yakima Police
Management Unit's Collective Bargaining Agreement effective January 1, 2015 through December 31,
2018, to resolve a non-compliant provision in the Collective Bargaining Agreement.
ADOPTED BY THE CITY COUNCIL 17th day of November, 2015.
Acting City Cler,
Micah Caw y, Mayor
ORIGINAL
Letter of Agreement
This Letter of Agreement is made and entered into by and between the Yakima Police
Management Unit represented by Teamsters Local Union No. 760 hereinafter referred to as the
"Union" and the City of Yakima, a Washington Municipal Corporation, hereinafter known as the
"City".
The Current Collective Bargaining Agreement (CBA), January 1, 2015 through December 31, 2018
Appendix "A" Sick Leave Exchange contains post-retirement separation from employment HRA
VEBA contributions. Subsequent to the ratification and execution of the current Agreement, the
third party administrator (TPA) for the HRA VEBA plan informed the City of non-compliant
language pertaining to Sick Leave exchange. In order to bring the Collective Bargaining
Agreement into compliance with Internal Revenue Service rules governing health reimbursement
arrangements (HRAs) the CBA shall be modified as follows:
ANNUAL VOTE. Employees shall vote annually to determine the apportionment of hours
exchange into HRA VEBA. The vote shall occur no later than December 15th of the current year
to determine the apportionment for the succeeding calendar year. The vote results shall be
communicated in writing to the employer no later than December 23rd. All changes resulting
from the vote shall be binding upon the employer and employees for the duration of the calendar
year.
SICK LEAVE EXCHANGE. Eligible employees may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the options provided the employee,
subject to the following provisions:
(1) Upon retirement the employee's accrued sick leave up to seven hundred and twenty (720)
hours or less will be exchanged for pay at the rate of one hundred percent (100%) of the
employee's current base pay and will be contributed as determined by the yearly vote.
(2) If death occurs during the period of employment with the City, the employee's accrued
sick leave up to seven hundred and twenty (720) hours, will be exchanged for pay at the
rate of 100% of the employee's current base pay.
(3) Upon termination under honorable conditions, as distinct from retirement or death, the
employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be
exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay.
Honorable termination includes layoff for budget reasons, as well as resignation with
proper notice.
(4) Exchange of accrued sick leave for additional leave days or for cash will be granted to
employees who have accrued seven hundred and twenty (720) hours or more subject to
the following provisions:
(a) Employees who have accrued more than seven hundred and twenty (720)
hours of sick leave may exchange such sick leave for bonus (additional)
leave days at the rate of three (3) days of sick leave for each additional
leave day, not to exceed a total of one hundred (100) sick leave hours
annually. Employees may receive compensation in lieu of taking leave
days. Utilization of leave days would be subject to the scheduling and
approval by the Department head.
(5) Sick Leave Exchange Procedure. Eligible employees may exchange accrued sick leave as
provided 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 Director of Finance
and Budget via the Department Timekeeper. 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 (5) working days of each
month with exchanged leave to be available within fifteen (15) calendar
days of the date the request is received by the office of the Director of
Finance and Budget. Exceptions to the above will be made for termination,
layoff or disability retirement.
If the parties mutually agree in negotiations for a successor CBA, the terms of this LOA shall be
incorporated in the successor CBA. Except as modified herein, all other provisions of the current
CBA shall be administered and remain unchanged for the term of the Agreement except where
otherwise indicated within the CBA.
The parties confirm their agreement to the above amendments through the signatures of the
applicable officials below:
CITY OF YAKIMA
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City Mana
CITY CONTRACT NO• 070/5;e2
RESOLUTION NO. '_:;2o,$/ 7
Date
TEAMSTERS LOCAL UNION No.760
Leonardrouch
Secretary/Treasurer
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Date
22 '5Date
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.I.
For Meeting of: November 17, 2015
ITEM TITLE: Resolution authorizing a letter of agreement clarifying post-retirement
VEBA contribution language with the Yakima Police Management Unit
represented by Teamsters Local #760
SUBMITTED BY: Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
The Current Collective Bargaining Agreement (CBA), January 1, 2015 through December 31, 2018 Appendix
"A" Sick Leave Exchanged contains post-retirement separation from employment HRA VEBA contributions.
Subsequent to the ratification and execution of the current Agreement, the third party administrator (TPA) for
the HRA VEBA plan notified the City of non-compliant language pertaining to sick leave exchange. In order
to bring the Agreement into compliance with Internal Revenue Service rules governing health reimbursement
arrangements (HRA's), the language must be modified. This language change is strictly a housekeeping
measure and has no financial impact to either party.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: No Amount: N/A
Funding Source/Fiscal Impact: None
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Approve
City Manager
ATTACHMENTS:
Description Upload Date
D ResoDuion 10/77/2015
D LOA 10/20/2015
Type
Omer Memo
Omer Memo