HomeMy WebLinkAboutR-2015-162 2016-2019 Collective Bargaining Agreement / Uniformed Transit Employees (1122)RESOLUTION NO. R-2015-162
A RESOLUTION authorizing the City Manager to execute a collective bargaining
agreement for 2016-2019 with the American Federation of State,
County and Municipal Employees (AFSCME) representing the transit
bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Transit Employees represented by the AFSCME Local resulting in the
attached proposed collective bargaining agreement for 2016 through 2019, and
WHEREAS, the members have voted in favor of the attached proposed collective
bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City
of Yakima to settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute
the attached and incorporated Collective Bargaining Agreement between the City of Yakima
and AFSCME transit employees.
ADOPTED BY THE CITY COUNCIL this 8th day of December 2015.
ATTEST:
Micah dawiey, M/a
l
2016 - 2019
COLLECTIVE BARGAINING AGREEMENT
Between
City of Yakima, Washington
And
Council 2
Washington State Council of County and City Employees
Representing
Local 1122
Uniformed Transit Employees
American Federation of State County and Municipal
Employees, AFL-CIO
Effective
January 1, 2016 through December 31, 2019
TABLE OF CONTENTS
PREAMBLE 4
ARTICLE 1 - RECOGNITION OF UNION BARGAINING UNIT 4
ARTICLE 2 - UNION MEMBERSHIP 5
ARTICLE 3 - COLLECTIVE BARGAINING 5
ARTICLE 4 - PUBLIC DISCLOSURE 6
ARTICLE 5 - CODE PROVISIONS 6
ARTICLE 6 - UNION CONSTITUTION AND BYLAWS 7
ARTICLE 7 - BUSINESS LEAVE 7
ARTICLE 8- EMPLOYEE RIGHTS 8
ARTICLE 9 -MANAGEMENT RIGHTS 9
ARTICLE 10 - LABOR MANAGEMENT COMMITTEE 10
ARTICLE 11 - CONTRACTING WORK 11
ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED 11
ARTICLE 13 -REDUCTION IN FORCE 12
ARTICLE14 - GRIEVANCE PROCEDURE 12
ARTICLE 15 - SOCIAL SECURITY 15
ARTICLE 16 - EQUAL OPPORTUNITY CLAUSE 15
ARTICLE 17 - SALARIES AND DEFERRED COMPENSATION 15
ARTICLE 18 - LONGEVITY 16
ARTICLE 19 - SHIFT DIFFERENTIAL 17
ARTICLE 20- OVERTIME AND CALL OUT 18
ARTICLE 21 - STANDBY PAY 19
ARTICLE 22 - BILINGUAL PAY 20
ARTICLE 23 - HEALTH CARE 20
ARTICLE 24 - HEALTH HAZARDS 22
ARTICLE 25 - LIFE INSURANCE 23
ARTICLE 26 - HOLIDAYS 23
ARTICLE 27 - VACATION 25
ARTICLE 28 - SICK LEAVE 26
ARTICLE 29 - MATERNITY LEAVE 31
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ARTICLE 30 - BEREAVEMENT LEAVE 31
ARTICLE 31 - SENIORITY 31
ARTICLE 32 -CHANGE OF WORK STATUS 33
ARTICLE 33 -WORK WEEK PROVISIONS 33
ARTICLE 34 - EXTRA BOARD TRANSIT OPERATOR 40
ARTICLE 35 - TRADING WORK 41
ARTICLE 36 - "ROADEO" 41
ARTICLE 37 - ENTIRE AGREEMENT 41
ARTICLE 38 - SAVINGS CLAUSE 41
ARTICLE 39 -TERMINATION 42
ARTICLE 40 — EXECUTION 43
Appendix A 44
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1.1
PREAMBLE
This Agreement made and entered into by and between the City of Yakima, Washington,
hereinafter called the Employer and Council 2, Washington State Council of County and
City Employees, representing Local 1122, Bargaining Unit; Uniformed Transit Employees,
of the American Federation of State, County and Municipal Employees, AFL-CIO,
hereinafter called the Union.
WITNESSETH:
WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the
execution of collective bargaining agreements between cities and unions representing
government employees, the intent and purpose of such act being the promotion of the
continued improvement of the relationship between public employers and their employees
by providing a uniform basis for implementing the right of employees to join labor
organizations of their own choosing and to be represented by such organizations matters
concerning their employment relations with public employers, and
WHEREAS, the parties to this agreement recognize that benefits accrue to Union
employees of the City by virtue of union membership, and that the best interests of the
citizens of the City of Yakima are served by the City's official recognition of the Union.
NOW, THEREFORE, pursuant to Chapter 41.56 of the Revised Code of
Washington, and in accordance with the intent and purpose thereof, and for the purpose of
promoting the morale, wellbeing and security of the Union employees of the City, and for
the purpose of promoting the general efficiency of the government of the City of Yakima,
the parties hereto agree as follows:
ARTICLE 1 - RECOGNITION OF UNION BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of the bargaining
unit consisting of all permanent Regular and Extra board transit operators, Transit
Dispatchers, Transit Service Workers, the Transit Project Planner, the Transit Route
Supervisor, Transit Operation Specialist, the Transit Office Assistant DA II, Transit
Vehicle Cleaner, and the Marketing/Program Administrator.
1.2 In accordance with RCW 41.56.050 through RCW 41.56.080, an application for
certification as exclusive bargaining representative for an appropriate unit may be filed
with the Public Employment Relations Commission during a period of not more than ninety
(90) days nor less than sixty (60) days prior to the expiration date of this agreement.
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ARTICLE 2 - UNION MEMBERSHIP
2.1 Union Membership:
All employees in the bargaining unit shall, within thirty (30) days after hiring, as a
condition of employment, become members of the Union, provided that exceptions to
membership shall be subject to the provisions of RCW 41.56.122(1).
2.2 Payroll Deductions:
The City agrees to deduct Union fees, dues and other assessments by the Union against its
members within the bargaining unit from the pay of employees who authorize the City to
do so, which authorization shall be in writing and signed by each person authorizing such
deductions, and filed with the City. The Union shall notify the Employer's Finance
Director, Payroll Officer, or their designee of amounts to be deducted from the pay of each
such person. The City shall transmit to the Washington State Council of County and City
Employees, PO Box 750, Everett, Washington, 98206-0750, the aggregate of such
deductions, together with an itemized statement, on or before the 20th day of each month
following the month for which deductions are made.
The Union agrees to defend, indemnify and hold harmless the City for any loss or damage
arising from the operation of this Article knowingly caused by the Union. It is also agreed
that neither any employee nor the Union shall have any claim against the City for any
deductions made or not made unless a claim of error is made in writing to the City within
forty-five (45) calendar days after the date such deductions were or should have been made.
2.3 Union Insignia:
Employees who are members of the Union, and in good standing, shall be permitted, with
the mutual agreement of Transit management, to wear while on duty, the standard type of
Union pin prescribed by their State or International organization.
ARTICLE 3 - COLLECTIVE BARGAINING
3.1 Bargaining Teams:
Collective bargaining between the parties shall be carried out by the City Manager or
his/her designee, the City Human Resources Manager or his/her designee, the Union Staff
Representative, the Union President, and four (4) additional members from each party. No
additional representatives for either party shall be allowed without the consent of the other
party. The Union Staff Representative and the City Manager shall exchange in writing the
names of the person or persons representing the respective parties for collective bargaining
purposes prior to the first bargaining session.
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3.2 Wages Hours and Working Conditions:
Where negotiable matters pertaining to wages, hours and working conditions are fixed by
various City ordinances, the City Manager shall give notice to the Secretary of the Union
with a copy to the Staff Representative of any proposed enactment or repeal of, or any
amendments to, any such ordinance applicable to members of the bargaining unit. Such
notice shall be given no less than ten (10) days prior to the first meeting of the City Council
where such ordinance is considered, and shall be in writing and contain a copy of the
ordinance proposed to be enacted or of the proposed amendment, or shall refer by code
number to any ordinance proposed to be repealed. No ordinance affecting wages, hours or
working conditions of members of the bargaining unit shall be enacted by the City Council
unless mutually agreed upon between the City Manager (or designee) and the collective
bargaining committee of the Union.
3.3 Negotiations Timetable:
Prior to the termination of this CBA, the Union and the City shall exchange written
proposals for any changes in negotiable matters pertaining to wages, hours and working
conditions sought for the subsequent year(s). Thereafter, negotiations shall be governed
by RCW 41.56.
ARTICLE 4 - PUBLIC DISCLOSURE
Neither party shall independently issue releases to any news media nor otherwise make
public disclosure during Pre -Mediation negotiations as the parties work towards a
collective bargaining agreement, unless required by law.
ARTICLE 5 - CODE PROVISIONS
The following sections of the Yakima Municipal Code are hereby incorporated by
reference and made a part of this Agreement. All sections listed shall be in accord with the
terms of this Agreement and in the event of a conflict the terms of the Agreement shall
prevail.
Section 2.20.010 - 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; Subsection 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; Subsection 5
Section 2.20.088 - Uniform Allowance, Special Assignment Pay; Subsections (3) and (4).
Section 2.20.100 - Classification Plan; Subsections A and E.
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Section 2.20.110
Section 2.24.010
Section 2.40.020
Section 2.40.030
Section 2.40.110
Section 2.40.060 -
Section 2.40.070 -
Section 2.40.080 -
Section 2.40.100 -
- Compensation Plan; Subsection 1.
- Longevity Plan- Eligibility- Restrictions; Subsections A, C, D.
- Vacation Leave; Subsection A (1), and Subsections B (1), (4).
- Sick Leave; Sections A (1), B, C, D, E.
- Sick Leave Transfer.
Leave Without Pay.
Unauthorized Absences.
Holidays with Pay; Subsections A, B, C, D, E, F, G, H, K.
Overtime Pay; Subsections A (4), B, C, D, E.
ARTICLE 6 - UNION CONSTITUTION AND BYLAWS
Upon request of the City Manager or his or her designee, the Union shall promptly furnish
to the City Manager a current copy of the constitution, bylaws and any other rules or
regulations of the Union, including any revisions thereto.
ARTICLE 7 - BUSINESS LEAVE
7.1 Members representing the Union, not exceeding four (4) in number, shall be paid at the
applicable rate of pay for actual time spent for all meetings between the City and the Union
for the purpose of negotiating wages, hours and working conditions, terms of this
agreement, or for processing grievances. When such meetings take place at a time during
which any such members are scheduled to be on duty, they shall be granted leave from
duty without any loss of pay. Actual time spent for meetings shall be limited to the time
spent in the meetings.
7.2 Business Leaves:
Such officers and members of the Union may be designated by the Union, not to exceed
four (4) in number at any one time shall be granted leave from duty with pay for Union
business, such as but not limited to attending labor conventions and educational
conferences, collective bargaining preparations and civil service, provided that notice of
such conventions or conferences shall be requested and approved by the Department Head,
and provided further that the total leave for the bargaining unit for the purpose set forth in
this section shall not exceed one hundred thirty-five (135) hours in any fiscal year.
7.3 Shop Stewards:
Shop stewards shall be allowed up to one (1) hour per month with pay to attend shop
stewards meeting(s) conducted during the steward's work shift. The number of shop
stewards in the bargaining unit shall be determined by a ratio of one (1) steward per
twenty (20) members in the bargaining unit. The Union shall keep the City notified of the
current shop stewards and Local Union Officers.
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ARTICLE 8- EMPLOYEE RIGHTS
8.1 Personnel Files:
Employees shall have the right, upon request, to inspect their personnel file. No material
referring to an employee's job competence or conduct shall be placed in the file without
the employee's knowledge and the opportunity to attach his or her comments. A copy of
any entry pertaining to job competence or conduct will be given to the employee.
8.2 Performance Evaluations:
The initial discussion regarding a probationary, special or annual performance evaluation
shall take place solely between an employee and his or her immediate rating supervisor.
Thereafter an employee may be accompanied by a Union representative where job conduct
or said performance evaluation is reviewed in a conference with management. On-the-job
discussions between employee(s) and supervisor(s) regarding job duties, assignments,
and/or performance shall not be considered disciplinary action and shall not be subject to
this provision. Appeals of performance evaluations shall be made in accordance with the
Charter Civil Service Commission's Rules and Regulations and shall not be subject to the
grievance procedure.
8.3 Off -Duty Actions:
Except as otherwise provided in state, federal, and local law, the City Charter, or the
Charter Civil Service Rules and Regulations, off-duty activities of an employee shall not
be cause for disciplinary action unless such activity is detrimental to the employee's
performance on the job.
8.4 Work Rules:
A) Work rules and policy shall be posted for employees and be in writing. They shall
be uniformly applied. When existing work rules, policy or procedure are changed
or new rules or procedures established, employees whose work assignment is
affected shall be notified in writing (that is circulating a memorandum); notification
shall also be submitted to the Union Staff Representative and/or Union President.
The new rule or procedure shall be posted prominently on appropriate bulletin
boards for a period of seven (7) calendar days before becoming effective, except
for changes of an emergency nature.
B) Employees shall comply with all existing rules that are not in conflict with the
express items of this Agreement, provided that rules are uniformly applied and
uniformly enforced, and provided that reasonable notice has been given of the
existence of the rule.
C) Any unresolved complaint as to the reasonableness of any new or existing rule, or
any complaint involving discrimination in the application of new or existing rules
shall be resolved through the grievance procedure.
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8.5 Safety and Health Committee:
The City agrees to maintain a Safety and Health Committee in accordance with state law.
Such committee shall receive and investigate complaints of unsafe or unhealthy working
conditions and shall recommend appropriate remedies to the City. Unresolved complaints
of violations of Washington Industrial Safety and Health laws may be referred to the
Washington State Department of Labor and Industries, Industrial Safety Division, for
investigation.
8.6 Union Participation:
An employee has the right to hold Union office, seek Union assistance, file a grievance or
use other benefits of this Agreement according to the terms set forth without reprisal,
repression, intimidation, prejudice, or discrimination.
8.7 Probationary Period:
The probationary period for promotions to all bargaining unit positions shall be six (6)
months. Effective April 1, 2006, the probationary period for new hires to all bargaining
unit positions shall be twelve (12) months, provided that probationary employees may use
vacation leave and are eligible for step increases after six (6) months of employment,
subject to and in accordance with all other rules, policies, the Yakima Municipal Code, and
this CBA.
ARTICLE 9 -MANAGEMENT RIGHTS
9.1 Except as specifically abridged, granted, delegated or modified by this Agreement,
including amendments, the City retains all legal and inherent exclusive rights with respect
to matters of legislative and managerial policy. Furthermore, the City reserves all
customary management prerogatives including, but not limited to, the right to:
A) Establish, plan for, and direct the work force toward the organizational goals of the
municipal government.
B) Determine the organization, and the merits, necessity and level of activity or service
provided to the public.
C) Determine the City budget and financial policies including accounting procedures.
D) Establish, regulate and administer a personnel system, in conformity with the City
Charter and Civil Service Rules and Regulations, which provides for all types of
personnel transactions including determining the procedures and standards for
hiring, promotion, transfer, assignment, lay off, discipline, retention and
classification of positions.
E) Discipline or discharge of employees for cause as provided by the General Rules
and Regulations of the City's Charter Civil Service Commission and in conformity
with this Agreement.
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F) Determine the methods, means, equipment, numbers and kinds of personnel, and
the job or position content required to accomplish governmental operations and
maintain the efficiency thereof.
G) Determine and change the number and locations and types of operations, processes
and materials to be used in carrying out all City functions.
H) Assign work to and schedule employees in accordance with Civil Service
classifications and position descriptions, and to establish and change work
schedules in accordance with Article 33 - Work Week Provisions.
I) Relieve any employees from duty due to lack of work or insufficient funds.
J) Take all actions necessary to carry out the mission of the City in emergencies.
9.2 The above-cited management rights are not to be interpreted as being all-inclusive, but
merely indicate the type of rights which belong to the City. It is understood that any of
the rights, power and authority the City had prior to the signing of this Agreement are
retained by the City.
9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or
discriminatory exercise of any of the Management Rights specified herein above, or any
other claimed prerogative may seek their remedy by the grievance procedure provided in
the Agreement.
ARTICLE 10 - LABOR MANAGEMENT COMMITTEE
10.1 Intent:
The City and the Union shall cooperate to provide the public with efficient and courteous
service, encourage good attendance of employees, and promote a climate of labor relations
that will aid in achieving a high level of efficiency and productivity in all departments of
City government.
10.2 Makeup:
In order to accomplish these goals, a Labor -Management Committee shall be established
consisting of three (3) Union members chosen by the Union, the Union Staff
Representative, the City Manager or his/her designee, and three (3) individuals selected by
the City Manager.
10.3 Time Frame:
The Labor -Management Committee shall schedule meetings at mutually agreeable times,
but not later than fifteen (15) working days from the date of a request for a meeting by a
party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at
issue.
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10.4 Agenda:
At least ten (10) working days prior to the meeting, a written agenda shall be prepared by
the party requesting the meeting and may be supplemented by additions made by the other
party. A final agenda shall be established and distributed to all parties at least three (3)
working days prior to the date of the meeting. Items not on the agenda shall not be
discussed at the meeting unless mutually agreed by all parties.
10.5 Resolution:
Should the Labor/Management process result in a proposed change in wages, hours, and
working conditions, the parties may pursue amendment of this Agreement in accordance
with Article 37 of this Agreement.
ARTICLE 11 - CONTRACTING WORK
The City agrees that no permanent employee shall be laid off as a direct result of the City
contracting work currently done by City Employees. The City however, retains the right
to contract work as deemed desirable or necessary by the City and reassign employees who
might otherwise be laid off as a result thereof. The City further retains the right to lay off
employees at the discretion of the City, due to lack of funds.
ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED
12.1 Strikes:
The Union shall neither cause, encourage nor counsel employees within the bargaining unit
to strike, nor shall it in any manner cause, encourage nor counsel any such employee or
employees to directly or indirectly commit any concerted acts of work stoppage, slow-
down or refusal to perform any customarily assigned duties; provided, however, in the
event the laws of the State of Washington should be changed so as to allow the right to
strike, or to substitute therefore any other right in its place, this Agreement shall be
construed so as to allow the Union to exercise any such right that is hereafter provided by
law or change of law, and the parties to this Agreement hereby agree to be bound by the
terms of any such law or change of law.
12.2 Lockouts:
The City agrees that during the term of this Agreement, there will be no lockouts.
However, a complete or partial reduction of operations for economic or other compelling
business reasons shall not be considered a lockout. In addition, if an employee is unable
to perform his or her duties because equipment or facilities are not available due to a strike,
work stoppage or slowdown by any other employees, such inability to provide work shall
not be deemed a lockout.
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ARTICLE 13 -REDUCTION IN FORCE
Any reduction in force shall be accomplished in accordance with reduction in force
procedures set forth in the Charter Civil Service Rules and Regulations. In the event that
it becomes necessary to amend the reduction in force procedure in the Civil Service Rules,
the City and the Union shall cooperate to develop reduction in force procedures which shall
be mutually acceptable for submission to the Civil Service Commission.
ARTICLE14 - GRIEVANCE PROCEDURE
14.1 Policy:
The parties recognize that the most effective accomplishment of the work of the City
requires prompt consideration and equitable adjustments of employee grievances. It is the
desire of the parties to adjust grievances informally whenever possible, and both
supervisors and employees are expected to make every effort to resolve problems as they
arise. However, it is recognized that there may be grievances which can be resolved only
after a formal review. Accordingly, the following procedure is hereby established in order
that grievances of employees covered by this agreement may be resolved as fairly and
expeditiously as possible.
14.2 Remedies:
The Union may either grieve matters according to this Article or the Union may appeal to
the City of Yakima Charter Civil Service Commission according to the Commission's
Rules and Regulations. However, the Union may not exercise both approaches but must
choose one or other.
14.3 Definitions:
A) A "grievance" is a dispute concerning the interpretation, application, or alleged
violation of any provision of this Agreement.
B) The term "employee" as used in this Article means a permanent or probationary
employee who is a member in good standing of the bargaining unit or group of such
employees, accompanied by a representative if so desired.
C) The term "working day" as used in this Article means Monday through Friday
excluding holidays.
14.4 Special Provisions:
A) The aggrieved party and his or her chosen representative shall be granted time off
without loss of pay for the purpose of processing a grievance in accordance with
Article 7 - Business Leave of this Agreement. City employees attending hearings
as a witness for the aggrieved party shall be granted time off without loss of pay for
the purpose of providing testimony, including Civil Service Commission meetings.
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The aggrieved party's representative may, after making advance notification to the
relevant Division Manager, visit the work location of employees covered by this
Agreement for the purpose of investigating a grievance. Said investigation shall be
conducted so as not to disturb the work of uninvolved employees.
B) Grievances on behalf of one or more employees may be initiated or pursued without
the employees' consent.
C) A grievance may be entertained in or advanced to any step in the grievance
procedure if requested by one party in writing and agreed to by the other party in
writing.
D) The time limits within which action must be taken or a decision made as specified
in this procedure may be extended by mutual written consent of the parties
involved. A statement of the duration of such extension of time must be signed by
both parties involved at the step to be extended. Failure of either party to meet the
time limit or extended time limit for responses or appeals at any step in the process
shall render the decision in favor of the other party.
14.5 Procedure:
To be reviewable under this procedure, a Union grievance must be filed in writing within
thirty (30) calendar days after the action or decision giving rise to the grievance and must
comply with the following:
A) Be filed on an AFSCME Form F-29.
B) Identify the facts and circumstances relating to the alleged misapplication,
misinterpretation, or violation of a specific provision of this labor agreement.
C) Specify the relief sought.
14.6 Step 1 - Informal Discussion with Immediate Supervisor:
Prior to filing a written grievance as described in Step 2 below, the employee shall meet
with his or her immediate supervisor to discuss the subject of dispute. If the subject of
dispute is discipline greater than a verbal reprimand, the employee shall skip Step 1 and
proceed directly to Step 2. If the subject of dispute is the immediate supervisor, the
employee shall meet with his/her Division Manager to discuss the subject of dispute. After
such a meeting, the immediate supervisor or Division Manager, as the case may be, shall
investigate the relevant facts and circumstances of the grievance and provide a written
decision within ten (10) working days.
14.7 Step 2 - Written Grievance to Division Manager:
The affected employee shall pose the question of the grievance in writing to his or her
Division Manager within thirty (30) calendar days of the action or decision giving rise to
the grievance. The Division Manager shall make a separate investigation and notify the
employee in writing of his or her decision, and the reasons therefore, within fifteen (15)
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working days after receipt of the employee's grievance.
14.8 Step 3 - Written Grievance to Department Head:
If the employee is dissatisfied with the decision of his Division Manager, the employee
may submit the grievance in writing to the Department Head within fifteen (15) working
days after receipt of the Division Manager's decision. The Department Head shall make a
separate investigation and notify the employee in writing of his or her decision, and the
reasons therefore, within fifteen (15) working days after receipt of the employee's
grievance.
14.9 Step 4 - Written Grievance to City Manager:
If the employee is dissatisfied with the decision of the Department Head, the employee
may obtain a review by the City Manager by submitting a written request to the City
Manager within fifteen (15) working days after receipt of the Department Head's decision.
The City Manager or his designee shall make such investigation and shall, within fifteen
(15) working days after receipt of the employee's request for review, inform the employee
in writing of the City Manager's findings and decision.
14.10 Grievance Filed By the City:
Any grievance by the City against the Union shall be reduced to writing and submitted, no
later than thirty (30) calendar days after having been made reasonably aware of the issue,
to the President of the Union Local with a copy to the Staff Representative. The Union
President shall investigate the relevant facts and shall, within fifteen (15) working days,
provide a written decision, and the reasons therefore. If the matter is not satisfactorily
settled, an appeal may be instituted as set forth in 14.11 below.
14.11 Step 5 - Final Resolution of Grievance Disputes:
Either party to this Agreement may refer unsettled grievances to Arbitration.
A) A request for Arbitration shall be in writing and shall be submitted to the other party
not more than thirty (30) working days after the reply of the City Manager, or the
Union President as applies, or their designee, unless the time shall be extended by
written mutual agreement. Such request shall identify the previously filed grievance
which is the basis for the request for Arbitration and shall set forth the issue which
the party making the request seeks to resolve.
B) The Arbitrator may be selected by mutual agreement between the City Manager and
the Union. Alternatively, the parties may mutually request a list of eleven (11)
arbitrators from Public Employment Relations Commission (PERC), American
Arbitration Association (AAA), or Federal Mediation and Conciliation Services
(FMCS). In the event the parties cannot agree on which agency to request a list from
within fifteen (15) working days of the request for arbitration, the parties must request
a list of eleven (11) arbitrators from PERC. Within a reasonable period of time from
the receipt of the list the parties shall alternately strike names from the list until one
(1) name remains, who shall serve as arbitrator. The party to strike the first name
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shall be determined by a coin flip.
C) The Arbitrator shall be limited to determining whether the City or the Union has
violated or failed to apply properly the terms and conditions of this Agreement. The
Arbitrator shall have no power to destroy, change, delete from or add to the terms of
this Agreement.
D) PERC rules and procedures shall govern the arbitration hearing.
E) The parties agree that the decision of the Arbitrator shall be final and binding and
implemented within thirty (30) calendar days following the rendering of the decision.
F) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcripts
shall be shared equally by the parties. Each party shall bear the remaining costs of
the preparation and presentation of its own case, including attorneys' fees, regardless
of the outcome.
ARTICLE 15 - SOCIAL SECURITY
The City will continue to provide the employer's share of FICA (Social Security) coverage
for the employees covered in the bargaining unit.
ARTICLE 16 - EQUAL OPPORTUNITY CLAUSE
In accordance with Revised Order No. 4 implementing U.S. Executive Order 11246,
"Equal Employment Opportunity Act" of 1972 and the "Vocational Rehabilitation Act" of
1973 as amended and implementing regulations, and the "Americans with Disabilities Act"
(ADA) of 1991, it is the policy of the City of Yakima and the Union to not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin, marital status or disability.
ARTICLE 17 - SALARIES AND DEFERRED COMPENSATION
17.1 Wages:
• 1/1/2016 2.5% of base pay increase
• 1/1/2017 2.5% of base pay increase
• 1/1/2018 2.5% of base pay increase
• 1/1/2019 2.5% of base pay increase
Employees within the bargaining unit shall also receive the following lump sum payment
included in their normal payroll check. Employees must be in an active pay status during
the first pay cycle after January 1St of each corresponding year to be eligible to receive the
lump sum payment.
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2016: $2,000.00 first pay cycle after January 1, 2016
2017: $1,500.00 first pay cycle after January 1, 2017
2018: $1,500.00 first pay cycle after January 1, 2018
2019: $1,250.00 first pay cycle after January 1, 2019
17.2 Direct Deposit:
The parties recognize that Direct Deposit is the most effective way of banking. All
employees shall be able to direct deposit at their own financial institution that offers this
service.
17.3 Deferred Compensation:
Each bargaining unit member shall be paid, in accordance to that employee's monthly
salary, deferred earned compensation each month in an amount equal to a percentage of
said monthly salary as provided below. The deferred compensation contribution is separate
pay and is not part of base monthly salary as codified in the Yakima Municipal Code Pay
and Compensation Ordinance 2.20.11 0.
This provision is subject to the City's deferred compensation rules and regulations and IRS
regulations. The computation of retirement contributions and pension benefits shall be
governed by application state law.
A) The City will contribute three percent (3%) of each employee's base monthly salary
to a deferred compensation plan.
ARTICLE 18 - LONGEVITY
18.1 Longevity:
Longevity Compensation shall be in accordance with Yakima Municipal Code Section
2.24.O10A as may be subsequently amended.
A) All permanent employees shall accrue longevity as follows:
Longevity Compensation:
Years Service
At least 60 months and less than 120 months
At least 120 months and less than 180 months
At least 180 months and less than 240 months
At least 240 months and less than 300 months
At least 300 months and less than 360 months
At least 360 months or more
Percentage of Base Pay
1.75%
3.5%
5.0%
6.5%
8.0%
10.0%
B) Accruals shall be prorated per month on actual hours in pay status for extra board
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employees.
ARTICLE 19 - SHIFT DIFFERENTIAL
19.1 After Hours:
For employees who work a regularly scheduled shift where all or part of the shift hours fall
between 6:00 p.m. and 6:00 a.m., an additional six percent (6%) per hour over base pay
will be paid for all hours worked within the stipulated period to the nearest one-half (1/2)
hour. Persons working overtime past their normal shift will not be entitled to payment
under this Article unless all of the scheduled hours of the second shift are worked.
19.2 Split Shift:
A) Transit Employees who work a split shift shall receive six percent (6%) shift
differential for fifty percent (50%) of the hours worked on any split work day, up
to twenty (20) hours per week.
B) Transit Employees who work a five (5) day work week and have one (1) weekday
off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week.
C) Transit Employees who work a four (4) day work week and have two (2) weekdays
off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week.
D) Shift differential shall be limited to thirty (30) hours per week for employees who
meet the requirements of (A & B) or (A & C).
19.3 Extra board transit operator:
Extra board transit operators shall receive shift differential pay as follows:
A) For hours worked before 6:00 a.m. and after 6:00 p.m.
B) For the same hours of whoever's complete regularly scheduled full-time shift they
fill.
C) For partial shifts pieced together, with an unpaid time lapse of thirty (30) minutes or
greater: shift differential shall be paid for fifty percent (50%) of the total hours
worked that day, rounded up to the nearest one-half (1/2) hour.
D) For all additional hours worked before or after a straight eight to eight and one-half
(8.0 — 8.5) or ten to ten and one-half (10.0 to 10.25) hour shift, provided that there is
an unpaid time lapse of thirty (30) minutes or greater.
E) When working a regularly scheduled split shift, no additional compensation shall be
paid for extra hours worked during that day.
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ARTICLE 20- OVERTIME AND CALL OUT
20.1 Employees who are required to work more than forty (40) hours in any work week shall be
paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess of
forty (40) hours per week. Credited time shall be in fifteen (15) minute increments.
However, compensatory time off at the time and one-half rate (1-1/2) in -lieu of overtime
pay may be requested by the affected employee. In that case, compensatory time may be
taken at such time as is agreed upon by the Employer and the employee, but may not be
imposed by the Employer upon any employee who has not so requested such compensatory
time off.
20.2 Compensatory time off may be accrued to a maximum of sixty (60) hours. Compensatory
time must be taken prior to the use of accrued vacation leave until the compensatory time
balance is forty (40) hours or less.
The City Manager has the authority to authorize additional accrual because of an
emergency or other unusual circumstance.
20.3 Employees may accept any shift(s), and or shift piece(s) of available overtime by seniority.
No shift shall be split more than once.
20.4 Time spent by an employee beyond the normal working day for job-related training classes
business and/or safety meetings approved by the Division Manager shall be considered
time worked for calculation of overtime pay/compensatory time. The employee must
attend the training class or safety meeting in its entirety.
20.5 Authorized travel time spent in the performance of the job shall be considered time worked
for the calculation of overtime pay.
20.6 Due to the nature of work performed by bargaining unit employees, the Union and the City
agree that in the event an employee works beyond his or her regular shift quitting time, that
employee shall not have any meal period(s) otherwise required by law.
20.7 In the event the employee is unable to provide or obtain the meal(s) due to location or time
of day or emergency, the Division Head shall ensure the employee obtains a meal at the
Employer's expense.
20.8 Call Out Pay:
Regular Operators:
A) A minimum of two (2) hours pay at the time and one-half (1-1 /2) rate will be paid to
an employee as follows:
1. Who is requested to return to work at the completion of his or her shift while
still at the work site/relief point, or, is called to return to work after leaving the
work site/relief point at the completion of his or her shift after they have left the
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worksite, or
2. Is called to report to work prior to the start of his or her shift, or
3. Is called into work on a day off.
B) Call out time is counted from the time the employee begins work until the employee
is released from the workplace. Any time worked in excess of the two (2) hours shall
be paid at the time and one half rate (1-1/2).
C) Establishing a one hour business meeting on a monthly basis with the employees — it
will be an hour of meeting for one hour's pay. Also, this is not a mandatory meeting.
The agenda will be developed by both sides and if there are not enough discussion
items to fill the hour, the meeting will be cancelled. This meeting will be held only
on the months there is no quarterly meeting. The time and day will be determined at
a later date to allow maximum participation.
20.9 Dispatcher Overtime:
Permanent Dispatchers shall be offered any available overtime on a seniority basis among
the permanent Dispatchers. If the permanent Dispatchers are not available to work
overtime, the work will be offered to other qualified permanent employees on a seniority
basis.
20.10 Extra board transit operator Overtime:
An Extra board transit operator will be eligible to receive overtime payments in accordance
with Article 20 — Overtime & Call Out if they work more than forty (40) hours in any work
week. No overtime compensation will be paid to an employee who exceeds the regularly
scheduled work day unless such work causes the employee to work more than forty (40)
hours in the work week, including job-related training classes, business and/or safety
meetings approved by the Division Manager. The employee must attend the training class
or safety meeting in its entirety.
ARTICLE 21 - STANDBY PAY
21.1 The determination of the need for an assignment of standby time is a responsibility of
Management. Employees will have the opportunity to volunteer or exchange for standby
prior to being made a required assignment. The employee must notify their supervisor in
writing by the end of the previous shift of an exchange with another employee for assigned
standby.
21.2 Compensation for assigned standby time will be four dollars ($4.00) per hour.
21.3 Employees on assigned standby time are required to maintain the same physical and mental
capacity that is required during regular scheduled work hours and are to be reachable if
called.
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ARTICLE 22 - BILINGUAL PAY
Employees who have Spanish bilingual capacity shall receive 3% of their base pay per month for
their work in that capacity subject to prior written approval from the Director of Public Works and
subject to achieving a passing score on the bilingual skills examination conducted under the
Charter Civil Service Rules and Regulations and administered by the Civil Service Chief
Examiner. The Chief Examiner may waive this testing requirement if the employee can
demonstrate to the satisfaction of the Chief Examiner, through documentation (i.e. court interpreter
certification from the State of Washington) that the employee has sufficient bilingual skills in the
Spanish language.
ARTICLE 23 - HEALTH CARE
If necessary, the City and Union agree to engage in re -opener negotiations of Article 23 for the
2018 and 2019 calendar years, for the purpose of addressing the application of the "Cadillac Tax"
as currently mandated by the federal Affordable Care Act (ACA). Such re -opener shall, at a
minimum, address all health care medical premiums, costs, dental and vision plans, reducing costs
to be below the ACA "Cadillac Tax" caps, re -directing as necessary, revenue streams related to
VEBA and any other programs that involve payments that must be included in the calculation of
"Cadillac Tax" limits, and any other CBA Articles as necessary to ensure none of the combined
amounts (premiums, VEBA, etc.) exceed the "Cadillac Tax" caps. The implementation shall occur
prior to August 1, 2017 with out-of-pocket changes effective January 1, 2018 taking into
consideration the administration time necessary for the Employer to coordinate the new plans and
open enrollment procedures.
Until changes or modifications of existing health care plans and programs are modified and/or
implemented, the current health insurance provisions remain in effect.
It is mutually agreed that the affected parties will work together, subject to the applicable
timelines, to ensure that ACA "Cadillac Tax" caps are not exceeded and that the "Cadillac Tax"
as mandated in the current ACA law, (i.e. 40% excise tax), will not have any application(s) to the
City and employee contribution levels, effective January 1, 2018.
The Employer will review plan options and communicate those to the Union.
Implementation of negotiated medical coverage and plan changes under the re -opener will be
effective January 1, 2018, so as to prevent any application of the "Cadillac Tax".
23.1 Availability:
Employees shall participate in the City of Yakima Employees' Health Care Plan. Eligible
dependents and retirees may also participate in the Plan. Eligibility rules, types and levels
of benefits, payment of premiums through a cafeteria plan, co -payments, co- insurance and
deductibility requirements and all other terms and conditions for the provision of these
health benefits shall be governed by the City of Yakima Employees' Welfare Benefit
Program. Premium base rates shall be determined annually by the applicable broker of
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record.
23.2 Employee Only Medical/Vision Coverage:
The City shall pay one hundred percent (100%) of monthly employee only medical/vision
premiums.
23.3 Dependent Medical/Vision Coverage:
A) Effective January 1, 2016:
For employees who enroll one or more dependents in the healthcare plans, the
monthly dependent unit premium costs shall be capped at $271.00
B) Effective January 1, 2017:
For employees who enroll one or more dependents in the healthcare plans, the
monthly dependent unit premium costs shall be borne as follows:
1. Fifty percent (50%) shall be paid by the participating employee.
2. Fifty percent (50%) shall be paid by the City.
Effective January 1, 2017Any increase or decrease in the total premium cost shall be shared
between the employer and employee on a fifty-fifty percent (50/50%) basis for all benefit
categories except employee only, which will remain fully covered by the employer.
23.4 Dental Insurance Coverage:
The City shall pay the premium for employee and dependent family dental insurance.
23.5 Retiree Coverage:
A) Upon payment of the full premium as required in 23.5(D), herein, retirees may elect
to remain in the group health care plan until they reach age 65.
B) Spouses of retirees may remain in the group health care plan until they reach age
65 or, in the case of spouses of deceased retirees, until they reach age 65 or remarry,
whichever occurs first.
C) Other dependents of retirees may remain in the group health care plan as long as
they remain eligible under the provisions of the plan and until coverage for the
retiree and spouse, or, the spouse of a deceased retiree terminates, at which time
such dependent insurance coverage ceases regardless of the age of the dependents.
D) Retirees, or spouses of deceased retirees, shall pay the full premium (including
dependents if enrolled) which shall be the same as the normal group rate assessed
for coverage of active City employees and dependents as applicable. Premiums
shall be paid by deduction from retirement checks paid to retired employees or their
beneficiary.
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23.6 Wellness Committee:
A representative from this bargaining unit will be appointed to the Wellness Committee.
The Committee will discuss such topics as heart life programs and physical exam coverage.
23.7 Employee Welfare Benefit Board:
A) The Union will select voting and non-voting members to serve on the City of
Yakima Employees' Welfare Benefit Board (hereinafter referred to as the Board)
according to Article III of the City of Yakima Employees' Welfare Benefit
Program.
B) The purpose of the Board shall be to study and become informed regarding health
insurance programs including the City's modified self-funded program; to identify
perceived and real problems, and make recommendations to the City and the Union
on ways to improve and enhance in an economical fashion the health insurance
program.
C) To enable the Board to become knowledgeable and to make reasonable and
objective recommendations for change, the City agrees to the following:
1. The City will provide complete and open disclosure of information necessary
for the Board to complete its duties within the confines of the law and
concerns for medical confidentiality.
2. Any member(s) of the Board who for any reason steps down as a Board
member, shall be replaced by the selection process outlined in Article III of
the City of Yakima Employees' Welfare Benefit Program.
23.8 Right of Withdrawal:
The Union shall continue to have the right to withdraw from the City of Yakima
Employees' Welfare Benefit Program by notifying the City in writing six (6) months in
advance.
ARTICLE 24 - HEALTH HAZARDS
INOCULATIONS & CERTIFICATIONS
24.1 For employees who are exposed to health hazards by direct contact with raw sewage,
industrial waste, human waste, or animal waste, the City will arrange and provide for
inoculations or vaccines recommended by the Washington State Department of Health.
24.2 The City of yakima will pay required fees for any license/certificate required by the City
as a condition of continued employment, provided however, that reinstatement costs that
are the employee's fault shall be paid by that employee.
A) Employees may elect to renew their Commercial Driver's License (CDL) medical
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certification through their regular attending physician at their own expense or at the
medical clinic authorized by the City at the City's expense.
B) The employee will sign a waiver agreeing to hold the City harmless to liability if
they purposely misrepresent or do not accurately disclose medical conditions to
their physician during the CDL medical certification process. The employee and
physician waivers are incorporated into this Agreement as Appendix A.
24.3 As part of the City's Wellness Program and the City's encouragement of good health
practices, the City will reimburse the employee for the co -payments related to an annual
preventative physical exam up to one hundred dollars ($100.00) per employee.
24.4 Bargaining unit members may be reimbursed up to $100.00 per year for work -appropriate
footwear purchased through an approved vendor.
ARTICLE 25 - LIFE INSURANCE
25.1 The City shall provide life insurance for bargaining unit members with a face value of One
Hundred Thousand Dollars ($100,000) per member. The life insurance premium shall be
paid in full by the City.
• The amount of Life and Accidental Death and Dismemberment Insurance
reduces to sixty-five percent (65%) when you reach age 65, to fifty percent
(50%) when you reach age 70 and to thirty-five percent (35%) when you reach
age 75.
25.2 Retiree Life Insurance:
Upon retirement, retirees may elect to continue their participation in the life insurance
coverage through a conversion policy. The conversion coverage policy requires that retired
employees pay their own premium for said coverage.
ARTICLE 26 - HOLIDAYS
26.1 Annual Holidays:
The following shall be recognized and observed as paid holidays:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans' Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
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Page 23 of 45
Christmas Day . December 25th
26.2 Personal Holiday:
Permanent employees shall be entitled to sixteen (16) hours of personal holiday per
calendar year. Employees who work a 4/10 schedule shall be entitled to twenty (20) hours
of personal holiday per calendar year. Both are subject to the following conditions:
Personal holiday shall be limited to sixteen (16) hours for employees who work more than
eight (8) hours but less than a ten (10) hour shift, subject to the following conditions:
A) The employee has been or is scheduled to be continuously employed by the City for
more than six (6) months, and
B) The employee has given not less than fourteen (14) calendar days of written notice to
the Division Manager, provided however, the employee and the Division manager,
or their designee, may agree on an earlier day, and
C) The Division Manager or their designee, has approved the day, and
D) The day selected does not prevent the Transit Division from providing continued
public service and does not interfere with the efficient operation of the Transit
Division, and
E) The personal day must be taken during the calendar year of entitlement or the day
will lapse except when an employee has requested a personal holiday and the request
has been denied.
F) Personal holiday must be used in its entirety in one single use and may not be broken
into less than an eight (8) or ten (10) hour complete shift.
26.3 General Holiday:
A) Whenever any holiday specified by State Law falls on Saturday, the preceding Friday
shall be the holiday. Employees who work Friday in such case shall be paid
according to City Code Section 2.40.080, Subsection E. Whenever any holiday
specified by State law falls on Sunday, the following Monday shall be the holiday.
Employees who work Monday in such case shall be paid according to City Code
Section 2.40.080, Subsection E.
B) Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if
a holiday falls on Sunday, the holiday shall be observed Sunday for those employees
regularly scheduled to work on Saturday or Sunday.
C) Full-time employees whose regularly scheduled Friday and/or Saturday shifts are
pre-empted due to no holiday service and/or reduced holiday service shall be
compensated at pay code 10 for Friday and pay code 77 for Saturday.
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D) If a holiday falls on a normal day off, equivalent hours off will be granted and added
to the employee's in -lieu account.
E) Holiday hours will be offered by seniority as defined in Article 31 - Seniority, to
permanent employees, prior to offering the open holiday work to temporary
employees, and
F) Time and one-half (1-1 /2) will be paid for the hours worked on a holiday in addition
to the employee's rate of pay. At the employee's option, the premium holiday pay
shall be received or the employee may be paid at straight time with the equivalent of
one and one-half (1-1/2) days. Hours of holiday compensatory time earned for every
hour worked, if, provided that on the day of the holiday the employee's compensatory
time does not exceed sixty (60) hours, then all hours of holiday compensatory time
may be earned as compensatory time. If the employee's compensatory time account
exceeds sixty (60) hours, the holiday hours worked must be taken as overtime pay.
If not specified here the general holiday agreement applies.
G) Employees working a 4 day/10 hour schedule shall earn ten (10) hours credit per
holiday. All other provisions of this Article will continue to apply.
ARTICLE 27 - VACATION
Employees shall be granted annual vacation pursuant to the following conditions:
27.1 All full time employees shall accrue vacation with pay as follows:
YEARS OF SERVICE ACCRUAL RATES
After one (1) full year 7.34 hours per month
(88 hours per year; 40 hours may be taken after 6 months)
After two (2) full years 8.67 hours per month (104 hours per year)
After five (5) full years 10.67 hours per month (128 hours per year)
After ten (10) full years 13.34 hours per month (160 hours per year)
After fifteen (15) full years 15.34 hours per month (184 hours per year)
After twenty (20) full years 19.34 hours per month (232 hours per year)
Vacation accruals for on board employees will be prorated based on the difference between
the total number of actual hours in pay status in the previous month versus the total number
of hours available to work in the previous month. Accruals shall be adjusted monthly.
27.2 Employees shall be allowed to accrue a total amount of vacation time equal to the amount
which can be earned in two years.
27.3 Employees who become ill while on approved vacation may utilize sick leave for the period
of illness subject to the provisions of Article 28 - Sick Leave, Section 28.3 and 28.4 and
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provided the employee immediately upon becoming ill notifies the Division Manager and,
upon return to work, presents the Division Manager with a physician's certificate stating
the nature of the illness and the length of the incapacity.
27.4 Vacation leave cannot be used during the month of accrual.
A) A minimum of one point seven five (1.75) hours of vacation time must be
requested.
27.5 Vacation Sell -Back Program:
Employer implemented vacation sell -back program where an employee could sell back to
the City up to one-third (1/3) of their accrued vacation leave within a twelve (12) month
period (based on a calendar year.)
EXAMPLE:
A ten year employee accrues 13.67 hours per month at 165 hours per year.
165 hours of vacation leave at 1/3 (.333) would equal 55 hours of vacation time
payable to the employee at their current hourly rate.
ARTICLE 28 - SICK LEAVE
28.1 Accrual:
Sick leave with pay is maintained as an insurance program for salary continuation during
periods of illness, and particularly extended illness as follows:
A) All full-time employees shall accrue sick leave with pay at the rate of eight (8)
hours per month for each full calendar month of the eligible employee's continuous
service with the City. Said accrual shall be prorated for Extra Board employees.
B.) Unused sick leave shall accumulate to a maximum of 1040 hours.
28.2 Use:
Sick leave cannot be used during the month of accrual.
28.3 Permissible Use of Sick Leave:
An employee eligible for sick leave with pay shall be granted such leave for the following
reasons:
A) Personal illness or physical incapacity resulting from causes beyond employee's
control.
B) Verifiable visits by the employee and the employee's dependents enrolled in the
City of Yakima Employees' Health Care Plan to a physician or dentist for
examination and/or treatment.
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C) Quarantine of employee due to exposure to a contagious disease.
D) On the Job Injuries:
The sick leave buyback program for work related injuries is eliminated and time
loss compensation will be paid in accordance with City of Yakima Administrative
Policy PER 405 and in compliance with State of Washington Labor and Industries
industrial insurance laws.
A member who is receiving industrial insurance benefits and whose authorized
leave of absence for the injury exceeds 12 -weeks covered by the Federal Family
and Medical Leave Act shall be required to pay only the employee's portion of the
health insurance premium for an additional 12 -week period. At the end of the
second 12 -week period and if the employee has not returned to work, the employee
shall be required to pay for both the employee and the City's portions of the
applicable health insurance premium.
E) To care for a child of the employee with a health condition that requires treatment,
transportation, or supervision; "Child" as used herein means a biological, adopted,
or foster child, a stepchild, a legal ward, or a child of a person standing in the place
of a parent ("in loco parentis" as legally defined) who is (a) under 18 years of age
or (b) 18 or older and incapable of self-care because of a mental or physical
disability.
F) To care for a spouse, parent, parent -in-law, or grandparent of an employee who has
a serious health condition or an emergency condition. "Parent" as used herein
includes an individual who stood in the place of a parent ("in loco parentis" as
legally defined) to an employee when the employee was a child.
G) For bereavement leave as provided in Article 30 - Bereavement Leave of this
Agreement.
H) For serious injury or illness to other members of employee's immediate family
constituting an emergency or crisis, provided the employee is engaged in
care/treatment, transportation, and/or supervision of the affected individual.
The term "Immediate Family" means:
1. Spouse, children, children of spouse, spouse of children;
2. Step or foster family relationship;
3. Mother, father, brother, sister of employee or spouse;
4. Grandparent or grandchild of employee or spouse;
5. Aunt or uncle of employee or spouse.
6. Any person living in the Immediate Household* of the employee.
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7. In cases where an employee is responsible for funeral arrangements, sick
leave will be granted.
I) Employees who have exhausted all accumulated sick leave may use accumulated
vacation leave, compensatory time, in lieu time, or their personal holiday in lieu of
sick leave subject to the requirements of all other provisions of this Agreement
(contract).
Members of the Immediate Household means persons who reside in the same
home, who have reciprocal and natural and/or moral duties to and do provide
support for one another. The term does not include persons sharing the same
general house when the living style is primarily that of a dormitory or
commune.
28.4 Requirements for All Paid Sick Leave:
A) Absence Reported:
Employees must report to the representative designated by their Division Manager
the reason for their absence as far in advance of the starting of their scheduled work
day as possible. This report shall be made no later than five (5) minutes after the
scheduled report time.
B) Incidents Greater Than Three Days:
Employees must keep their Division Manager informed of their condition if their
absence is of more than three (3) consecutive working days in duration.
C) Physician's Statement:
A statement by an employee's attending physician may be required if an absence
caused by illness or injury extends beyond three (3) consecutive working days, or
for each absence, if requested by the Division Manager. If a physician's statement
is to be requested by the Division Manager, the employee shall be so notified before
his or her return to work.
D) Home Visits:
Employees may choose to permit home visits.
E) Medical Examinations:
Employees must permit medical examinations as designated by the City, at the
expense of the City, and at the mutual convenience of the City and the employee.
28.5 Enforcement of Sick Leave Provisions:
A) Failure to Comply:
Any failure to comply with the provisions of Article 28 - Sick Leave shall be grounds
for denial of sick leave with pay or other paid leave taken in lieu of sick leave for the
period of absence.
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B) Disciplinary Action:
Misrepresentation of any material fact in connection with paid sick leave or other
paid leave taken in lieu of sick leave by an employee shall constitute grounds for
disciplinary action.
C) Oversight:
It shall be the responsibility of the Department Head or his/her designated
representative to:
1. Review all sick leave or other paid leave taken in lieu of sick leave and approve
that which complies with the provisions of this Section and forward approved
time cards to the Finance Department. The Payroll Officer shall not certify the
payment of sick leave or other paid leave taken in lieu of sick leave until the
approved applications have been received, except that employees still absent at
the end of a pay period may be certified for payment of sick leave or other paid
leave taken in lieu of sick leave by the Payroll Officer upon recommendation of
the Department Head as indicated by their signing the time sheet and subject to
the receipt of an approved application for sick leave pay or other paid leave taken
in lieu of sick leave immediately upon the employee's return to work;
2. Investigate any suspected abuse of sick leave or other paid leave taken in lieu of
sick leave;
3. Withhold approval of sick leave pay or pay for other leave taken in lieu of sick
leave in the event of unauthorized use;
4. Initiate disciplinary action if, as a result of investigation, it is determined that an
employee has been guilty of willful misrepresentation in a request for sick leave
pay or other pay taken in lieu of sick leave pay.
D) Unscheduled Sick Leave:
1. An unscheduled sick leave incident shall be defined as any continuous period of
absence due to illness or injury. One absence equals one incident regardless of
the length of time of absence. Any sick leave incident in which the employee
submits a statement from a health care provider verifying the illness or injury of
themselves or a family member(s) shall be considered a scheduled absence.
2. Permanent employees shall not exceed twelve (12) incidents of unscheduled sick
leave in a calendar year. Exceeding twelve (12) incidents may be cause for
discipline.
28.6 Sick Leave Exchange:
Any permanent employee may exchange accrued sick leave for pay or for additional leave
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time as appropriate, in accordance with the options provided the employee, subject to the
following provisions:
A) Upon Retirement or Death:
Upon retirement or death the employee's accrued sick leave up to and including 840
hours will be exchanged for pay at the rate of 100% of the employee's current base
pay. The maximum payment shall be $20,000.
B) Upon Termination - Up to 719.99 Hours:
Upon termination under honorable conditions, as distinct from retirement or death,
the employee's accrued sick leave up to and including 719.99 hours or less will be
exchanged for pay at the rate of 25% of the employee's current base pay. Honorable
termination includes layoff for budget reasons, as well as resignation with at least
fourteen (14) calendar days' notice. The maximum payment shall be $7,500.
C) Upon Termination - 720 Hours or More:
Upon termination under honorable conditions, as distinct from retirement or death,
employees who have accrued sick leave of 720 hours or more will be exchanged for
pay at the rate of 50% of the employee's current base pay, up to a maximum of and
including 840 hours. Honorable termination includes layoff for budget reasons, as
well as resignation with at least fourteen (14) calendar days' notice. The maximum
payment shall be $7,500.
D) Additional Vacation Days:
Employees who have accrued 720 hours or more of sick leave may exchange such
sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for
each additional eight (8) hours of leave, not to exceed a total of 40 added leave hours
annually, utilization of which would be subject to the scheduling and approval by the
Department Head. No request to exchange sick leave for vacation will be granted for
less than thirty-two (32) hours of sick leave or eight (8) hours of pay.
E) Sick Leave Exchange Procedure:
Any permanent employee may exchange accrued sick leave as provided above,
subject to the following conditions and provisions:
1. A request for such an exchange shall be made to the Finance Director. All
requests shall be in writing and shall be signed by the employee making the
request.
2. Requests will be accepted only during the first five (5) working days of each
month with exchanged leave to be available within fifteen (15) calendar days of
the date the request is received by the office of the Finance Director. Exceptions
AFSCME Local 1122 —Transit 2016-2019 Final Page 30 of 45
to the above will be made for termination, layoff or disability retirement.
3. No exchange will be granted to an employee who has been terminated for cause.
4. In the event of layoff, exchange requests are the responsibility of the employee.
ARTICLE 29 - MATERNITY LEAVE
Pregnancy will be treated in accordance with the law.
ARTICLE 30 - BEREAVEMENT LEAVE
30.1 Employees shall be granted up to and including three (3) days Bereavement Leave in the
event of a death in the immediate family of the employee. Employees shall discuss the
duration of the leave with the Transit Manager or his/her designee at the onset of the leave.
A) The term "immediate family" means:
1. Spouse, children, children of spouse, spouse of children;
2. Step or foster family relationship;
3. Mother, father, brother, sister of employee or spouse;
4. Grandparent or grandchild of employee or spouse;
5. Aunt or uncle of employee or spouse
6. Any person living in the Immediate Household* of the employee.
7. In cases where an employee is responsible for funeral arrangements
bereavement leave will be granted.
B) The employee shall upon returning to work provide written documentation of the
death of the immediate family member before bereavement leave shall be paid. This
requirement may be waived by the Transit Manager or his designee.
* Members of the Immediate Household means persons who reside in the same
home, who have reciprocal and natural and/or moral duties to and do provide
support for one another. The term does not include persons sharing the same
general house when the living style is primarily that of a dormitory or
commune.
ARTICLE 31 - SENIORITY
31.1 Transit Seniority Defined:
Transit Seniority is defined as the length of time accrued in a permanent non-exempt Civil
AFSCME Local 1122 —Transit 2016-2019 Final Page 31 of45
Service Transit Classification position, subject to the provisions contained in this Article.
Seniority shall be recorded as follows: years; days; hours; and minutes.
31.2 Transit Seniority Provisions:
A) Transit Seniority shall begin on the actual date of hire in a permanent classified
Transit status including the probationary period.
B) Transit Seniority for on-call and seasonal positions shall only include the actual time
accrued in a pay status.
C) Transit Seniority shall continue from one (1) classified Transit position to another
classified Transit position through transfer or promotion.
D) Any and all time in a leave without pay status which is not both pre -requested and
pre -approved shall be excluded from Transit Seniority.
E) Any and all time in a leave without pay status, which resulted from the employee's
failure to maintain the minimum qualifications of the position, shall be excluded from
Transit Seniority.
F) Any and all time on suspension due to a sustained disciplinary action shall be
excluded from Transit Seniority.
G) Employees who are separated from service due to a reduction in force shall retain the
Transit Seniority they held upon separation, however, no additional Transit Seniority
shall accrue during the period of separation should rehire occur.
H) All Transit Seniority shall lapse and become void upon the expiration of the re-
employment/recall period, resignation, termination for cause, or abandonment of
position.
31.3 Seniority Application:
Transit Seniority shall be applied to all matters of work assignments. City of Yakima Civil
Service Seniority shall be applied to all matters of reductions in force.
31.4 Seniority Records:
A) The Operations Supervisor with the support of the Human Resources Division shall
maintain a current record of individual Transit Seniority for each employee in the
Transit Bargaining Unit.
B) The individual Transit Seniority records shall be adjusted to reflect any periods of
exclusion from seniority, with written notification to the negatively affected
employees.
C) The City shall compile from the individual records a single descending rank order list
of employees from the greatest Transit Seniority to the least seniority. The list will
AFSCME Local 1122 —Transit 2016-2019 Final Page 32 of 45
be available to the Union upon request.
D) The single list of Transit Seniority shall be updated prior to and posted with any and
all sign-up bids and markdown bids.
E) Current copies of the Transit Seniority list shall be maintained by the Transit Division
and the Human Resources Division. The City of Yakima Charter Civil Service
Commission's Seniority list will be available from the Human Resource Manager
upon request.
31.5 Separability Of Service Length:
This Article sets specific parameters on the length of service for purposes of rank order
for the classified employees. It is not the intent of this Article to alter the individual length
of continuous, uninterrupted service with the City which may include temporary and/or
exempt service that the employee's vacation, sick leave, longevity, retirement, and holiday
adjustments are based on.
ARTICLE 32 -CHANGE OF WORK STATUS
32.1 Transit seniority as defined in Article 31 - Seniority shall govern the bidding for full and
Extra board transit operators status of quarterly sign ups, run selection, shifts, and
workweek selection by permanent full time extra board transit operators. All permanent
regular Transit Operators shall bid on all scheduled runs and/or shifts by seniority.
32.2 To facilitate payroll operations, full time and Extra Board transit operators will
simultaneously bid for their Extra Board status at the same time as they bid their work
schedules.
32.3 Work schedule bidding shall be completed within a total time period of eighteen (18)
working days.
ARTICLE 33 -WORK WEEK PROVISIONS
Employees shall be scheduled to work regular hours for each work day and each work
week in accordance with the provisions established below. The City will grant time off
work for a minimum of five (5) Operators per weekday, excluding sick leave and operators
who are physically unable to perform their work duties. Management shall determine the
maximum number of employees off per day. Employees' schedules will conform to the
provisions of this Article unless specifically modified by an Addendum to this contract.
If the current ratio of permanent full-time to permanent part-time regular operators to
Extra board transit operators changes due to significant modifications of service, this
article may be renegotiated in accordance to Article 37.2 (Entire Agreement).
AFSCME Local 1122 —Transit 2016-2019 Final Page 33 of 45
The City and the Union agree to re -open negotiation of sections of this Article once they
have worked out appropriate language regarding Extra Board Transit Operators.
33.1 Meal and Rest Periods for Transit Operators:
A) Time recovery layovers shall not be considered in calculating rest period
compensation.
B) All straight, eight (8.0) hour or more shifts shall include a total of thirty (30)
minutes of non -service rest period compensation.
C) Straight shifts shall be considered as split shifts when filled by more than one (1)
employee and Section D below shall apply.
D) All split, eight hour (8.0) hour or more shifts shall include fifteen (15) minutes of
non -service rest period compensation within each shift pieces. One (1) fifteen (15)
minute rest compensation period shall be before and one (1) rest compensation
period shall be after the shift split granted for each three and three-quarter (3.75)
hours of paid time.
E) All open work and special operations work shall include fifteen (15) minutes of
non -service rest period compensation within each four (4) hour period of work.
F) Due to the nature of work performed by bargaining unit employees, the Union and
the City agree that employees shall not have any meal period(s) otherwise required
by law.
33.2 Transit Dispatchers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight (8.0) consecutive hours within
a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday and end on Sunday. It shall consist of four
(4) or five (5) consecutive days, with two (2) or three (3) days off.
D) Shifts:
Shifts shall be assigned by mutual agreement of the Dispatchers; however, seniority
bid shall prevail where a consensus agreement cannot be reached.
AFSCME Local 1122 —Transit 2016-2019 Final Page 34 of 45
E) Working Out Of Classification:
Dispatchers may stand in for Transit Operators in limited emergency situations and
break periods.
F) Uniforms:
The Employer shall provide uniforms for each Dispatcher commensurate with
current Transit Division standard issue.
33.3 Service Workers:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours
with a one-half (1/2) hour unpaid meal period within a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off.
D) Uniforms:
The Employer shall provide service worker(s) with clean uniforms daily.
E) Foul Weather Gear:
The Employer shall provide foul weather gear such as, but not limited to, coats,
boots, and gloves for the Service Worker(s).
33.4 Vehicle Cleaners:
A) Regular Hours:
The employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of six (6) or more hours with a one-half
(1/2) hour unpaid meal period within a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off.
D) Uniforms:
The employer shall provide vehicle cleaners with clean uniforms daily.
AFSCME Local 1122 —Transit 2016-2019 Final Page 35 of 45
33.5 Marketing and Program Administrator, Transit Project Planner, Transit Operations
Specialist and Transit Office Assistant DA II:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours.
B) Work Day:
Eight (8) or ten (10) consecutive hours with a one (1) hour unpaid meal period within
a twenty-four (24) period.
C) Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive days, with two (2) or three (3) days off.
33.6 Route Supervisor:
A) Regular Hours:
These employees may or may not have regularly scheduled work hours.
B) Work Day:
Eight (8) hours or ten (10) hours within a twenty-four (24) hour period.
C). Work Week:
The work week shall start on Monday, end on Sunday, and shall consist of four (4)
or five (5) consecutive or non-consecutive days, with two (2) or three (3) days off.
D) Uniforms:
The Employer shall provide uniforms for each Route Supervisor commensurate
with current Transit Division standard issue.
33.7 Regular Transit Operators:
A) Regular Hours:
The Employer shall establish each work schedule which shall provide for regular
starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of (8.0 to 8.5) or (10.0 to 10.25) hours
in a consecutive or non-consecutive hours within a twenty-four (24) period.
C) Work Week:
The work week shall start on Monday and end on Sunday; and shall consist of five
(5) consecutive or non-consecutive (8.0 to 8.5) hour days, with two (2)
AFSCME Local 1122 — Transit 2016-2019 Final Page 36 of 45
days off or four (4) consecutive or non-consecutive (10.0 to 10.25) hour days with
three (3) days off.
D) Uniforms:
The Employer shall provide uniforms for each regular Transit Operator
commensurate with current Transit Division standard issue.
33.8 Extra Board Transit Operators:
A) Extra board transit operators Scheduled Work:
It is recognized and expected that an extra board transit operator may be assigned
work to fill in while regular transit operators are absent due to vacation, illness, or
other cause, which may preclude the assignment of a specific work schedule and
therefore they may not be considered to have a regularly scheduled work shift. In
the event they have a regularly scheduled work shift, the following shall apply:
1. Scheduled Regular Hours:
The Employer shall establish each work schedule, which shall provide for
regular starting and quitting time for each work day.
2. Scheduled Work Day:
Extra board transit operator runs shall consist of a work day of (10.25) hours
or less and may be for consecutive or non-consecutive hours.
3. Scheduled Work Week:
The work week shall start on Monday and end on Sunday and shall consist of
up to five (5) consecutive or non-consecutive work days. The scheduled work
week shall be scheduled to meet the needs of the Transit Division. Whenever
possible, Extra board transit operators shall be assigned to a specific work
schedule not requiring split days off in a calendar week.
B) Extra Board Transit Operators Open Work:
1. Open Regular Hours:
The Employer shall establish each work assignment which shall provide for
regular starting and quitting times for each work day. Open work will be
offered daily by seniority.
2. Open Work Day:
Known Leave Assignment; Previous Day Before 2:OOp.m.:
I. Full Shifts:
(a) Extra board transit operator may accept by seniority any full shift that
is available.
AFSCME Local 1122 —Transit 2016-2019 Final Page 37 of 45
(b) Once an Extra board transit operator accepts a full shift of eight (8.0)
or more hours, no extra hours will be offered that day until all less
senior operators have been offered a work assignment.
II. Pieces of Open Work:
(a) An Extra board transit operator may by seniority accept to choose a
shift piece(s) of available open work. Open pieces of work that do not
conflict may be combined to exceed 10 hours each workday. A shift
piece may be split only when needed to reach 40 hours for the week.
(b) No piece of work will be split that does not leave at least two (2) hours
available for another operator to work.
(c) In case of a piece of work getting assigned to two (2) operators in
error, the regular operator will take the run and the extra board
operator will have one of the two below listed options:
• Assigned other work to perform equal to the original hours for said
day; or,
• Perform a two (2) hour assignment and will have the first choice
of any other work that becomes available during said day.
III. Scheduled Assignments Less Than 8.0 Hours:
An Extra board transit operator who has a regularly scheduled bid shift
of less than 8.0 hours, may accept extra work that does not conflict
which may be combined not to exceed ten and one-quarter (10.25) hours
for that workday.
IV. Extra Hours:
When all available Extra board transit operators have been offered a
work assignment and there is still open work, the most senior available
operator will be offered extra hours that could cause them to work more
than 10.25 hours in a workday.
V. If an employee fails to contact dispatch (and could have had an
assignment) or decides to pass up a full shift, they will rotate to the least
senior bidding position for the next day's "same day" assignments.
3. Same Day Work Assignment:
I. Work becoming available after 2:00 p.m. the previous day and/or
piece(s) remaining from the previous night's assignments.
II. Work is offered by following the same guidelines outlined in 2) above
AFSCME Local 1122 —Transit 2016-2019 Final Page 38 of 45
to the most senior available employee who can work the shift(s) or
piece(s) without loss of service. An employee who passes up work shall
rotate to the least senior bid position.
III. Open work' that is offered to a temporary employee shall be split to
accommodate an extra board transit operator who may be available to
work a portion of that shift.
4. Open Work Week:
Any open work will be split as necessary on the day of the week in which the
employee's cumulative hours total forty (40) hours (or as near 40 hours as
possible) without leaving a remaining open work piece of less than two (2)
hours.
C) Call To Report:
When called to fill open work the following shall apply:
1. Accepted work report time is one (1) hour from acceptance, and regular report
rules apply.
2. Arrival within the first one-half (1/2) hour after the shift starts will be paid
from the start of the shift.
3. Arrival after the first one-half (1/2) hour from the shift start time will be paid
in quarter (1/4) hour increments rounded to the previous quarter (1/4) hour.
4. All extra board operators must submit a leave request for the day(s) they wish
not to be available (N/A). Standard leave request procedures will be followed.
D) Working over 40 Hours:
An extra board transit operator may be assigned a full shift or complete shift piece
that causes their accumulative weekly total to exceed 40 hours for the week. Such
assignment shall not exceed three-quarters (0.75) hours of overtime. Such
assignment will be offered only if no other combination of shifts are available to be
worked that would give exactly 40 hours for the week.
E) Uniforms:
The Employer shall provide uniforms for each extra board transit operator
commensurate with current Transit Division standard issue.
33.9 On Call Employees:
On Call Employees will not be scheduled for a regular set shift, but rather, will be called
to work to fill in during the absence of another employee. On call employees will be
entitled to the meal and rest periods provided for in the scheduled shift for which they are
filling in.
AFSCME Local 1122 —Transit 2016-2019 Final Page 39 of 45
33.10 Minimum and Maximum Shift:
No employee will be scheduled to a regular shift of less than two (2) consecutive hours.
No employee shall be scheduled to a regular shift of greater than ten point -two -five (10.25)
hours.
33.11 Work Schedule Changes:
Any overall, long term change in work schedules will be discussed between the Employer
and the Union Staff Representative and/or Union President prior to implementation. The
Employer may change the regular starting and quitting times and the days worked in a
week with five (5) work days' notice prior to the effective date of the new schedule. The
five (5) work day notice may be waived upon written mutual agreement between
Management and the Union. Although reasonable warning will be given whenever
possible, the five (5) work day notice provision will not be required for temporary
individual shift assignment changes which may be made only to cover for the absences of
another employee due to termination, resignation, vacations, or sick leave. Other than the
reasons cited above, an employee's work shift shall not be changed to avoid payment of
overtime when an employee is called to work outside that employee's regular work shift
or called to work before the regular staring time or retained to work beyond the regular
quitting time.
33.12 Emergency Situations:
The Employer shall 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.
33.13 Addenda Procedures:
Recognizing the diversity of the work force in the Bargaining Unit, the Union and the
Employer agree that other work week provisions may, from time to time, be required for
various groups of employees. It is therefore, agreed that alternative work week provisions
may be adopted. These alternative provisions will be adopted as written Addenda to this
contract and will require approval of the City and the Union and a majority of the
employees covered by the Addenda.
ARTICLE 34 - EXTRA BOARD TRANSIT OPERATOR
34.1 Telephone:
Extra board transit operator may, as a condition of their employment, be required to have
a telephone in their personal residence so that they may be notified if they are needed to
work on a particular day.
AFSCME Local 1122 —Transit 2016-2019 Final Page 40 of 45
34.2 Vacation, Sick Leave, and Holidays:
Extra board transit operator will accrue vacation and sick leave and shall be compensated
for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual
percentage of time worked. In order to facilitate crediting to those accounts, extra board
transit operator benefits will be initially assigned to 50%, 75%, or 100%, as determined by
the appointing authority, of the accrual rate. Employees' benefit accruals will be adjusted
monthly to reflect actual benefit accrual rates. Holiday and personal holiday time will be
adjusted annually.
ARTICLE 35 - TRADING WORK
Employees may trade work with other employees in their same classification, within the
same work week (Monday through Sunday), as long as the wage cost to the Employer does
not exceed the wage cost had the trade not occurred. Trading work will be limited to one
(1) time per month per requesting driver and a maximum of six (6) trades per year per
employee total, whether they are the requesting driver or the driver accepting the trade.
Once the trade is approved that now becomes each employee's new workday for scheduling
purposes. The employees shall give notice, on the official form, to the Dispatcher no later
than 1:00 p.m. on the day prior to the earliest affected shift.
ARTICLE 36 - "ROADEO"
The Employer will encourage the participation of employees in bus and van "ROADEOS."
ARTICLE 37 - ENTIRE AGREEMENT
37.1 This Agreement constitutes the complete and entire Agreement between the parties and
neither the City nor the Union shall be bound by any requirement not specifically stated in
this Agreement or applicable Civil Service rules, provided however that this Agreement
shall be subject to such periodic modifications as may be voluntarily agreed upon in writing
by the parties during the term hereof. The parties are not bound by the past practices or
understandings of the City or the Union unless such past practices or understandings are
incorporated in this Agreement or executed in writing.
37.2 The City and the Union acknowledge that each party has had ample opportunity to submit
proposals with respect to any subject or matter regarding wages, hours, and working
conditions not removed from the collective bargaining process by law and agree that all
said proposals have been negotiated during the negotiations leading to this Agreement. The
parties further agree that negotiations will not be reopened on any item during the life of
this Agreement except by the mutual consent or as provided in R.C.W. 41.56.492.
ARTICLE 38 - SAVINGS CLAUSE
AFSCME Local 1122 — Transit 2016-2019 Final Page 41 of 45
38.1 Applicability to and Compliance with Law:
It is understood and agreed that all provisions of this Agreement are subject to applicable
laws, and if any provision of any Article of this Agreement is held or found to be in conflict
therewith, said Article shall be void and shall not bind either of the parties hereto; however,
such invalidity shall not affect the remaining Articles of this Agreement. Notwithstanding
any other provisions of this Agreement the parties may take all actions reasonable to
comply with the Americans with Disability Act and the Family and Medical Leave Act. If
the Washington State Health Services Act of 1993 or Federal Health Care legislation
mandates changes to the Health/Care Fringe Benefits Article of this Agreement, then the
parties agree to negotiate the effects of those mandated changes.
38.2 Effects of Charter Civil Service Rule Changes:
It is understood that, should modification of the Charter Civil Service Rules and
Regulations take place during the contract period, the parties agree the CBA will be
reopened, if requested by either party, to address each modification.
ARTICLE 39 -TERMINATION
This Agreement shall be deemed effective from and after the 1st day of January, 2016 and shall
terminate on December 31, 2019; provided, however, that this Agreement shall be subject to such
periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties
hereto during the term hereof
AFSCME Local 1122 —Transit 2016-2019 Final Page 42 of 45
ARTICLE 40 — EXECUTION
EXECUTED THIS U DAY OF DECEMBER, 2015.
FOR THE UNION:
Eddie Allen, Staff Representative
WSCCCE Council 2
ke Nugent
Local 1122 President
Karen Allen, Local 1122
Bargaining Team Member
Jeff Seaver, Local 1122
Bargaining Team Member
Debbie Dexter, Local 1122 O
Bargaining Team Member
ATTEST:
FOR THE CITY OF YAKIMA:
e .r' .+ter
City Manager
Sonya Cla. r Tee
City Clerk
CITY CONTRACT N
RESOLUTION No:
AFSCME Local 1122 —Transit 2016-2019 Final
Page 43 of 45
Appendix A
Page 1 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Declaration
MEDICAL EXAMINER DECLARATION
The City of Yakima provides paid medical examination services to all employees who are
required to have a Commercial Drivers License endorsement as an essential function of
their job. Your patient has selected to have you, their regular physician, complete this
examination, at their own expense.
I am a licensed physician in
and conducted an examination of
, a patient known to me, in order to determine their
physical qualification for operating a commercial vehicle in accordance with the requirements of
49 CFR 391 41 -49.
By signing below, I declare that I am familiar with the requirements and guidelines developed by
the Federal Motor Carrier Safety Regulations in making my determination of qualification, as well
as the driver's responsibilities and work environment outlined in the introductory comments under
"The Driver's Role" to 49 CFR 391.41.
I further declare that I have read and understand the "Instructions to the Medical Examiner"
section of 49 CFR 391 41 including both the General Information and Interpretation of Medical
Standards paragraphs.
Date:
Signature of Physician
Printed Name of Physician
AFSCME Local 1122 —Transit 2016-2019 Final Page 44 of 45
Appendix A
Page 2 of 2
City of Yakima
Uniformed Transit Operator Commercial Driver License Medical Examination Liability Waiver
RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, AND
HOLD HARMLESS AGREEMENT
I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid Commercial
Driver's License (COL) in order to operate any commercial motor vehicle I understand that I
must be physically qualified to do so in accordance with the Physical Qualifications for Drivers
standards as set forth in 49 CFR 391 31, and must obtain a medical examiner's certificate
initially and for subsequent license renewals. The City of Yakima provides paid medical
examination services for this purpose As an alternative to the City provided examination, I am
electing to utilize my regular physician for the screening and certificate at my own expense.
acknowledge my obligation to fully represent all medical information to my evaluating physician,
and to accurately disclose any medical information or condition to the physician, requested or
not, to the best of my ability.
I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF
YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST OR LIABILITY RESULTING
FROM, OR RELATED TO, ANY INTENTIONAL MISPRESENTATION OR ANY FAILURE TO
ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT MEDICAL INFORMATION TO
MY EXAMINING PHYSICIAN.
I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if
applicable), my family, my heirs, my executors and personal representatives of my estate, and this
Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them.
I have read and understand the information in this Release of All Claims, Waiver of
Liability, and Hold Harmless Agreement.
Date
Signature of Operator
Printed Name of Operator
AFSCME Local 1122 —Transit 2016-2019 Final Page 45 of 45
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.F.
For Meeting of: December 8, 2015
ITEM TITLE: Resolution authorizing a collective bargaining agreement for 2016-2019
with the American Federation of State, County and Municipal
Employees (AFSCME) representing the transit bargaining unit
SUBMITTED BY: Jeff Cutter, Interim City Manager
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
The attached Resolution and Collective Bargaining Agreement authorizes the execution of a 4 -year
agreement with the AF S C ME Local 1122 Transit bargaining unit for 2016-2019. This contract
represents good faith negotiations between the parties. The settlement package is outlined in the
enclosed memo.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
City Manager
Description Upload Date
13 Memo 12/2/2015
13 Resolution 12/1/2015
13 AFSCME Transit CBA 12/2/2015
Type
Coker Memo
Coker Memo
Coker Memo
MEMORANDUM
DATE: December 8, 2015
TO: Honorable Mayor and Members of the Yakima City Council
FROM: Jeff Cutter, Interim City Manager
RE: AFSCME Transit Collective Bargaining Agreement 1/1/2016 through 12/31/2019
Recently City Management and AFSCME Transit Local 1122 representatives negotiated in good
faith, a contract setting forth the wages, hours, and other terms and conditions of employment for
the next four years (2016-2019). To that end, both parties recommend the City Council review
and approve the attached CBA proposal. The AFSCME Transit group has voted and ratified this
proposed agreement.
Highlights of the proposed CBA include:
• Wage adjustment of 2.5% for 2016, 2017, 2018 & 2019. This wage adjustment is
consistent with recent Council approved collective bargaining agreements such as: Non -
represented Group, Teamsters Corrections Sergeants, Teamsters Police Management and
Yakima Police Patrolman's Association. It also aligns with the annual 2.5% employee
wage increase that was projected in the City's Five Year Financial Plan.
• During the negotiation process, it was recognized that the AFSCME Transit group's
wages averaged 22% below state comparables. To help bridge this gap and stay within
the parameters of the City's Five Year Financial Plan, employees will receive lump sum
cash payments of: 2016: $2000, 2017/2018: $1500, and 2019: $1250. Service reductions
and route optimization implementations have increased efficiency and successfully
grown the Transit Fund Operating Reserves to healthy levels that can be sustained
through the corresponding budget years.
• Holidays were increased from 11 to 12 to be consistent with other collective bargaining
agreements.
• Employee's medical contribution will be capped at $271 for 2016. For the remaining
years, any increase or decrease will be split equally between the member and the
employer for family coverage.
• The City and the Union agree to open discussion on health insurance in 2018 and 2019 in
recognition of currently unknown financial impacts and potential tax implications of the
Affordable Healthcare Act (ACA).
• Sick leave accrual limits were added.
• Longevity credit for 30 plus years of service was added to be consistent with other
collective bargaining agreements.
• Bilingual pay was changed from a $60 monthly stipend to 3% of base pay to be
consistent with other collective bargaining agreements.
On behalf of the City, I would like to thank AFSCME Transit negotiating team for their
professional and pragmatic conduct during this negotiation process. This agreement is fair and
mutually beneficial agreement for the AFSCME Transit Group and the City of Yakima.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA
AND MEMBERS OF
AFSCME Transit LOCAL 1122
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and
entered into by and between Council 2, Washington State Council of County and
City Employees representing Local 1122 American Federation of State County
and Employees representing Uniformed Transit with the City of Yakima, AFL-CIO
hereinafter called the "Union" and the City of Yakima, Washington, hereinafter
called the "City".
WHEREAS, This MOU memorializes the agreement between the City and
the Union regarding the issue described below, and the parties acknowledge that
this issue has been negotiated in accordance with RCW 41.56, for the purpose of
promoting fair and equitable treatment of employees of the City of Yakima.
WHEREAS the City and Union agree that the provisions as set forth in this
MOU supersede any conflicting provisions in the Collective Bargaining
Agreement (CBA) covering the period January 1, 2016 to December 31, 2019 for
Uniformed Transit Employees.
WHEREAS, the City and the Union agreed to re -open negotiation of
Article 33.2 once they had worked out appropriate language regarding Extra
Board Transit Operators.
WHEREAS, the parties have agreed to memorialize their agreement on
this issue in the form of this MOU.
NOW, THEREFORE, it is agreed by and between the City and the Union
that Article 33.2 Transit Dispatch shall read as follows:
33.2 Transit Dispatchers:
A) Regular Hours:
The Employer shall establish each work schedule which shall
provide for regular starting and quitting times for each work day.
B) Work Day:
Employees will be scheduled to a work day of eight (8.0) or (10.0)
consecutive hours within a twenty-four (24) hour period.
C) Work Week:
The work week shall start on Monday and end on Sunday. It shall
consist of four (4) or five (5) consecutive days, with two (2) or three
(3) days off.
D) Shifts:
Shifts shall be assigned by mutual agreement of the Dispatchers;
however, seniority bid shall prevail where a consensus agreement
cannot be reached.
THIS MOU is executed by the parties this day of
CITY OF YAKIMA
Jeer
ASFCME LOCAL 1122
2016.
Interim City Manager President
CITY CONTRACT NO: 2G/b-452
RESOLUTION NO: R` 2 /S-IbZ
Eddie Allan
Staff Representative
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND
MEMBERS OF
AFSCME Transit LOCAL 1122
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered
into by and between Council 2, Washington State Council of County and City Employees
representing Local 1122 American Federation of State County and Employees
representing Uniformed Transit with the City of Yakima, AFL-CIO hereinafter called the
"Union" and the City of Yakima, Washington, hereinafter called the "City".
WHEREAS, This MOU memorializes the agreement between the City and the
Union regarding the issue described below, and the parties acknowledge that this issue
has been negotiated in accordance with RCW 41.56, for the purpose of promoting fair
and equitable treatment of employees of the City of Yakima
WHEREAS the City and Union agree that the provisions as set forth in this MOU
supersede any conflicting provisions in the Collective Bargaining Agreement (CBA)
covering the period January 1, 2016 to December 31, 2019 for Uniformed Transit
Employees
WHEREAS, the City and the Union agreed to re -open negotiations for sections of
Article 33 once they have worked out appropriate language regarding Extra Board
Transit Operators.
WHEREAS, the parties have agreed to memorialize their agreement on this
issue in the form of this MOU.
NOW, THEREFORE,
Article 33.8 of the CBA shall be amended to read as follows:
33.8 Extra Board Transit Operators Open Work:
A) Extra board transit operators Scheduled Work:
It is recognized and expected that an extra board transit operator may be
assigned work to fill in while regular transit operators are absent due to vacation,
illness, or other cause, which may preclude the assignment of a specific work
schedule and therefore they may not be considered to have a regularly
scheduled work shift. In the event they have a regularly scheduled work shift, the
following shall apply:
1. Scheduled Regular Hours:
The Employer shall establish each work schedule, which shall provide for regular
starting and quitting time for each work day
2. Scheduled Work Day:
Extra board transit operator runs shall consist of a work day of (10 25) hours or
less and may be for consecutive or non-consecutive hours
3. Scheduled Work Week:
The work week shall start on Monday and end on Sunday and shall consist of up
to five (5) consecutive or non-consecutive work days. The scheduled work week
shall be scheduled to meet the needs of the Transit Division. Whenever
possible, Extra board transit operators shall be assigned to a specific work
schedule not requiring split days off in a calendar week.
B) Extra Board Transit Operators Open Work:
1. Open Regular Hours:
The Employer shall establish each work assignment which shall provide for
regular starting and quitting times for each work day. Open work will be offered
daily by seniority. It is agreed, however, that an Extra Board Operator waves
his/her daily bidding seniority for circumstances as stated in section V below.
2. Open Work Day:
Known Leave Assignment; Previous Day Before 2.00p m.:
I. Full Shifts:
(a) Extra board transit operator may accept by seniority any full shift that
is available Refusal or "not able to contact" may initiate the provisions
agreed to in section V below.
(a)(b) Once an Extra board transit operator accepts a full shift of eight
(8 0) or more hours, no extra hours will be offered that day until all
less senior operators have been offered a work assignment.
II. Pieces of Open Work:
(a) An Extra board transit operator may by seniority (except when section
V applies) accept to choose a shift piece(s) of available open work. Open
pieces of work that do not conflict may be combined to exceed 10 hours
each workday A shift piece may be split only when needed to reach 40
hours for the week.
(b) No piece of work will be split that does not leave at least two (2) hours
available for another operator to work.
(c) In case of a piece of work getting assigned to two (2) operators in
error, the regular operator will take the run and the extra board operator
will have one of the two below listed options
• Assigned other work to perform equal to the original hours for
said day; or,
• Perform a two (2) hour assignment and will have the first
choice of any other work that becomes available during said
day
III. Scheduled Assignments Less Than 8.0 Hours:
An Extra board transit operator who has a regularly scheduled bid shift of
less than 8 0 hours, may accept extra work that does not conflict which
may be combined not to exceed ten and one-quarter (10 25) hours for
that workday
IV. Extra Hours:
V.
When all available Extra board transit operators have been offered
a work assignment and there is still open work, the most senior
available operator will be offered extra hours that could cause
them to work more than 10 25 hours in a workday.
. • If an employee is unable to be
contacted by Dispatch (and could have had an assignment) or decides to
pass up a full shift or a shift piece, they agree to waive seniority bidding
opportunities and will rotate to the least senior bidding position for five (5)
calendar days beginning- the next day after the refusal day. from -the -date
• - - - - - - - - - - . The rotation to the least senior bidding
position does not apply to those who have been in a pay status (Sick
Leave, Vacation Leave, Holiday Leave) for 38 hours
during the work week = - •• • : _ " -e • •• - • This
temporary waiver of seniority rights shall not mitigate away from other
seniority rights as stated in Article 31 of this agreement.
3. Same Day Work Assignment:
I. Work becoming available after 2 00 p m. the previous day and/or piece(s)
remaining from the previous night's assignments
II. Work is offered by following the same guidelines outlined in 2) above to
the most senior available employee who can work the shift(s) or piece(s)
without Toss of service. An employee who passes up work shall rotate to
the least senior bid position.
III. Open work that is offered to a temporary employee shall be split to
accommodate an extra board transit operator who may be available to
work a portion of that shift.
4. Open Work Week:
Any open work will be split as necessary on the day of the week in which the
employee's cumulative hours total forty (40) hours (or as near 40 hours as
possible) without leaving a remaining open work piece of Tess than two (2) hours.
C) CaII To Report:
When called to fill open work the following shall apply:
1. Accepted work report time is one (1) hour from acceptance, and regular
report rules apply
2. Arrival within the first one-half (1/2) hour after the shift starts will be paid
from the start of the shift.
3. Arrival after the first one-half (1/2) hour from the shift start time will be
paid in quarter (1/4) hour increments rounded to the previous quarter (1/4) hour.
4. All extra board operators must submit a leave request for the day(s) they
wish not to be available (N/A) weekly, at a maximum of two (2) days per week.
NA's cannot be scheduled prior to two (2) weeks of the proposed N/A date.
Standard leave request procedures will be followed
D) Working over 40 Hours:
An extra board transit operator may be assigned a full shift or complete shift piece that
causes their accumulative weekly total to exceed 40 hours for the week. Such
assignment shall not exceed three-quarters (0 75) hours of overtime. Such assignment
will be offered only if no other combination of shifts are available to be worked that would
give exactly 40 hours for the week.
E) Uniforms:
The Employer shall provide uniforms for each extra board transit operator
commensurate with current Transit Division standard issue.
NOW, THEREFORE, If any of the provisions of this MOU are in conflict with other
provisions of the 2016 — 2019 AFSCME Transit Collective Bargaining Agreement, this
MOU shall prevail
NOW, THEREFORE, the effective date shall be upon execution of this MOU and
implemented for the next bidding cycle.
THIS MOU is executed by the parties this iD day of (e-`.' & y. , 2017.
CITY OF YAKIMA
Alvie Maxey
Transit Manager
Cli
City Manager
i
4,4
A?SCME LOCAL 1122
Transit Dispatcher
Dewayne Davenport
Transit Dispatcher
Ike Nugent
President
CITY CONTRACT NO' c26::il7 3'2.0
RESOLUTION NO'Z-
Eddie Allan
Staff Representative