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15-003.00 WA ST Council of County & City Employees IG-003 r AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES LOCAL 270-V,AFSCME January 1,2016—December 31,2018 • TABLE OF CONTENTS Page ARTICLE 1 —EMBODIMENT 1 ARTICLE 2—RECOGNITION 2 ARTICLE 3 —UNION SECURITY 2 ARTICLE 4— SETTLEMENT OF DISPUTES 4 ARTICLE 5 —SENIORITY 8 ARTICLE 6—BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION. 10 ARTICLE 7—MANAGEMENT RIGHTS 11 ARTICLE 8—PROBATION AND DISCIPLINE 14 ARTICLE 9—WAGES 15 ARTICLE 10—HOURS OF WORK 19 ARTICLE 11 —GENERAL PROVISIONS 22 ARTICLE 12—HEALTH AND WELL-BEING 23 ARTICLE 13 —SICK LEAVE 28 ARTICLE 14—ADDITIONAL REASONS FOR LEAVE 29 ARTICLE 15 —VACATION LEAVE 31 ARTICLE 16—HOLIDAYS 32 ARTICLE 17—DRUG TESTING 34 ARTICLE 18—EDUCATIONAL REIMBURSEMENT 34 ARTICLE 19—LOCKOUTS 35 ARTICLE 20—SAVING CLAUSE 35 i f PREAMBLE This Agreement entered into by the City of Spokane Valley, hereinafter referred to as the City, and the Washington State Council of County and City Employees, Local 270-V AFSCME, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the City and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. TERM OF AGREEMENT This Agreement shall become effective on the 1St day of January, 2016, and shall continue in full force and effect through the 31st day of December, 2018. The City and Union agree to commence negotiations for a successor contract at least 60 days prior to the termination of the Agreement. If either party fails to provide notice of an intent to negotiate a successor agreement, the term of this Agreement will continue in full force and effect for the next year. ARTICLE 1 —EMBODIMENT 1.1 It is mutually agreed that the City management and Local 270-V shall work together individually and collectively to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City government. 1.2 This Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement or practice shall add to or supersede any of its provisions. The parties acknowledge that during the negotiations which preceded this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore,the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any mandatory subject of bargaining not specifically referred to, or not settled, during the course of these negotiations. Such matters shall also not be subject to the grievance procedure. ARTICLE 2—RECOGNITION The City recognizes the Union as the sole and exclusive bargaining representative for all Regular fulltime and Regular part-time non-uniformed employees in professional, technical and clerical positions in the Executive and Legislative Support, Community and Economic Development, Public Works, Parks and Recreation, and Operations and Administration Departments of the City of Spokane Valley, excluding supervisors, confidential, Limited-Term, seasonal and casual employees. A seasonal or casual employee is any employee hired to work for no more than six continuous months or 1040 hours in a calendar year, whichever is greater. ARTICLE 3—UNION SECURITY 3.1 Union Security. Each employee who, on June 1, 2006, is a dues-paying member of the Union, shall, as a condition of employment, maintain his/her dues-paying membership in the Union during the term of this Agreement. Employees who are not dues-paying members of the Union prior to June 1, 2006 shall have the option of choosing to become or not become dues- paying ues- a in members of the Union. New employees hired after June 1, 2006 shall, as a condition of p y g 2 ' II employment, become a dues-paying member of the Union after thirty-one (31) days or as a condition of employment, any employee hired after June 1, 2006, who does not wish to be a g dues-p Y a in member of the Union, shall proportionately and fairly share in the cost of the collective bargaining process by paying to the Union a maintenance fee equivalent to the amount of dues uniformly required of each member of the bargaining unit. Should any employee be opposed to joining the Union by bona fide religious tenets or teachings of a church or religious body of which said public employee is a member,that public employee shall pay an amount of money equivalent to regular Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which said public employee would otherwise pay the dues. The public employee shall furnish written proof that such payment has been made. If no decision can be reached on an acceptable charitable organization,the Public Employment Relations Commission shall designate the charitable organization. Should a bargaining unit member who is required under the provisions above to become a dues-paying member and maintain such membership in good standing fail to do so after receiving notice of default from the Union,the Union shall provide the City with a request to terminate the employee's employment under this Article, and documentation substantiating the employee's noncompliance and receipt of notice of default. On a one-time basis, the City will offer the employee a one-week unpaid Decision Making Leave. At the expiration of the Decision Making Leave,the employee must comply with the above by paying his/her dues or entering into a payment plan with the Union to do so,paying a maintenance fee or the equivalent to a charitable organization based upon bona fide religious tenets or teachings of a church, or leave the City's employ. 3 i v 3.2 Dues Check-Off. For the convenience of employees and Management, the City agrees to deduct monthly dues or fees from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer of the Union. The Union shall notify the City at least thirty(30) days in advance of any changes in its fees. The monthly fees or dues shall be deducted one half each pay period. 3.3 Defense/Indemnity. The Union agrees to defend, indemnify, and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 4—SETTLEMENT OF DISPUTES 4.1 Grievance Defined. A grievance is defined as any dispute involving the interpretation, application or alleged violation of any provisions of this Agreement. 4.2 Time Limits. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both parties. If the Union, on behalf of the employee(s), fails to act or respond within the specified time limits,the grievance will be considered waived. If the City fails to respond within the specified time limits,the grievance shall proceed to the next step of the grievance procedure. The day after the event, act or omission shall be the first day of a timeline under this Article. In the event a time limit under this Article ends on a weekend or holiday, the deadline will automatically be extended to the following business day. 4 • Submissions will be considered timely under this Article if they are received by 5:00 p.m. on the last day called for under an applicable time limit. Submission of Grievances and Responses. All grievances not resolved at the supervisory level and requests for arbitration must be submitted to the appropriate Department Director and City's Chief Human Resources Officer or designee, by fax, hard copy, and/or electronic mail. The grievance shall include the facts giving rise to the grievance,the section(s) of the Agreement allegedly violated, and the remedy sought. All City responses will be submitted to the Union's Spokane business office by hard copy or fax. 4.2.1 Employee Representation. Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. The grievance will state the name of the employee or the names of the group of employees. The Union, as exclusive representative, is considered the only representative of the employee in each step of the grievance procedure and at any meetings scheduled to discuss a grievance. The Union has the right in each step of a grievance to designate the person who will represent the employee on behalf of the Union. 4.2.2 Resolution. (a) Step 1. Employees are encouraged to attempt to resolve complaints through informal discussion with their supervisors. The parties are encouraged to meet and discuss the issues raised in the grievance and explore options for resolving the grievance at each step p in the dispute resolution process. The City and Union may also agree to by-pass any of the steps in the grievance process. 5 (b) Step 2. If the parties are unable to resolve the grievance at the supervisor level,the Union, on behalf of the aggrieved employee shall submit the grievance in writing to the Department Director of the relevant department and Chief Human Resources Officer, within thirty(30) calendar days of the day the employee or Union knew or reasonably should have known of the events giving rise to the grievance. The appropriate Department Director or designee shall respond to the grievance in writing within fourteen(14) calendar days of its receipt. (c) Step 3. If the parties are unable to resolve the grievance after discussing the issue with the Department Director, the Union shall submit the written grievance to the City Manager within fourteen days of its receipt of the Department Director or designee's response. The City Manager or his designee shall respond in writing to the grievance within fourteen(14) calendar days following its receipt. (d) Step 4. Should the preceding steps fail to resolve the grievance, the Union shall notify the City in writing within fourteen(14) calendar days after its receipt of the City Manager or designee's response of its intent to move the grievance to arbitration. 4.3 Arbitrator Selection. Within a reasonable period of time after receiving the Union's notification,the parties shall confer and attempt to agree on a neutral arbitrator. If unable to reach agreement,they shall request a list of eleven(11) arbitrators from the Federal Mediation Conciliation Services ("FMCS"). If the parties are unable to obtain a list from FMCS, they may request a list from the Public Employment Relations Commission(PERC). The list shall be limited to arbitrators from Washington and/or Oregon. 6 Within fourteen(14) calendar days following the receipt of the list of eligible arbitrators, the parties' representatives shall meet to select an arbitrator. If the parties are unable to mutually agree upon an arbitrator, they shall each strike five arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. 4.4 Rules Governing Arbitration. The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back pay or other remedy to no more than 30 days prior to the submission of the grievance in writing to the supervisor(unless the amount owing is due to a payroll error); and (d) Not reduce the discipline rendered if he/she finds there was just cause for disciplinary action as defined in Article 8.3 4.5 Arbitrator's Decision. The Arbitrator shall issue a written decision to the parties within thirty(30) calendar days of the close of the hearing or the submission of post-hearing briefs, whichever is later. The decision shall be final, conclusive and binding on the City, the 7 Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction. 4.6 Arbitration Costs. The expenses and fees of the arbitrator and the cost(if any) of the hearing room will be shared equally by the parties. If either party desires a record of the arbitration, a court reporter may be used. If that party purchases a transcript, a copy will be provided to the arbitrator, free of charge. If the other party desires a copy of the transcript, it will pay for half of the costs of the fee for the court reporter, the original transcript and a copy. Each party is responsible for the costs of its staff representatives, attorneys, and all other costs related to the development and presentation of its case. 4.7 Election of Remedies. The parties agree that the grievance procedure contained in this Agreement shall be the employee's sole remedy for issues covered by this Agreement, provided that employees may also seek redress or review by an external body, whether administrative or judicial, of alleged violations of the employee's statutory rights. ARTICLE 5—SENIORITY 5.1 Job Classification Seniority Defined. The length of continuous service in the employee's job classification. 5.2 Seniority List. The City shall prepare a list of full time employees showing their seniority and deliver the same to the Union on an annual basis. Upon completion of their probationary period, new employees shall be added to the seniority list. 8 The list shall reflect the employee's name, classification and date of appointment, classification seniority and length of service with the City. 5.3 Layoff. A reduction in force is accomplished in accordance with this Article. 5.3.1 Purpose and Notice. In the event that the City determines that financial or operational needs require a layoff, the City will identify the specific position(s) and/or employees affected by the layoff, and will provide a minimum of fourteen(14) days notice to the employee(s) designated for layoff. 5.3.2 Selection of Layoff. In the event there is more than one employee in a position identified for a reduction-in-force, the City shall consider the employee's ability, performance and qualifications to perform the remaining job; where ability, performance and qualifications are judged equal by the City, classification seniority will be the determining factor. 5.3.3 Layoff Recall. Employees are eligible for recall to the position in which they were laid off in the inverse order in which they were laid off assuming they are qualified to perform the position. An employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within ten(10) calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period exceeding nine (9) months. Should an employee not return to work when recalled,the City shall have no further obligation to recall him/her. 9 ARTICLE 6—BULLETIN BOARDS,UNION OFFICIALS TIME OFF AND VISITATION. 6.1 Bulletin Boards. The City shall allow the Union to use a designated Bulletin Board for official Union postings. Material posted on the bulletin board shall be appropriate to the workplace, and in compliance with state ethics laws, election laws and identified as Union literature. 6.2 Officers and Stewards. The Union shall furnish to the City an up-to-date list of officers and stewards and their work locations at least annually with changes as they occur to the Human Resources Department. 6.3 Union Officials Time Off for Collective Bargaining. Up to two union officials shall be granted up to two hours paid time-off to participate in each labor negotiation session on behalf of employees in the bargaining unit, provided that the request for time off is approved in advance by the supervisor. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assignment. 6.4 Union Activities. Shop stewards identified by the list cited in 6.2 above, may use paid time to conduct collective bargaining with the City as set forth in Article 6.3, attend investigatory interviews conducted by the City where the employee reasonably expects discipline will follow and has requested Union representation(Weingarten interview), and represent employees in grievance meetings and Loudermill hearings with the City. Except as set specifically forth above, the City shall not compensate bargaining unit employees and shop 10 stewards for union related activities. Union officers, stewards and negotiating team members must notify their supervisors before performing any representational activities that will take them away from work for a period of longer than fifteen (15)minutes, and all such time must be recorded on the employee's time sheet. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assignment. 6.5 Visitation. With reasonable advance notice, a representative of the Union may visit the work location of the employees covered by the Agreement at a reasonable time for the purpose of investigating grievances. Said representative shall limit his activities during such investigations to matters relating to this Agreement, and such visits shall be conducted in a manner that will not be disruptive to City operations or interrupt employees' work time. Work hours shall not be used by employees or the Union for the promotion of Union affairs other than as stated above. ARTICLE 7—MANAGEMENT RIGHTS 7.1 Management Rights. The City reserves the right to manage its affairs in accord with its lawful mandate, and retains all management powers and authority recognized by law and not specifically abridged, delegated or modified by the terms of this Agreement. 7.2 Examples of Management Rights. The City's sole and exclusive rights include, but are not limited to,the rights to: 7.2.1 Plan, direct and control all operations and services of the City; 11 7.2.2 Establish the mission, budget, strategic direction, service levels, staffing levels and resource requirements for all operations and services; 7.2.3 Develop, interpret, amend and enforce reasonable written policies, procedures, rules or regulations governing the workplace, including those described in the City's Administrative Policies and Procedures, as amended from time to time, provided that such policies,procedures, rules and regulations do not conflict with the provisions of this Agreement; 7.2.4 Determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; 7.2.5 Supervise, transfer, promote and direct employees; 7.2.6 Plan and implement any reductions in force, including the determination of the reason for any reduction in force and the identification of the specific position(s) or job classifications affected by a reduction in force; 7.2.7 Assign work, schedule the hours of work, alter work schedules, and assign or change work locations, subject to Article 10; 7.2.8 Authorize overtime; 7.2.9 Establish the duties and responsibilities of positions and employees, including the development and alteration of classification and job descriptions; 7.2.10 Establish and implement policies and procedures for evaluating the performance of employees; 12 _ _ I 7.2.11 Determine all levels of staffing, including the number of employees and other personnel to be assigned to duty at any time; 7.2.12 Recruit,hire and promote employees into positions based on standards established by the City; 7.2.13 Determine whether duties,tasks, or services should be performed by non-unit personnel, including other employees, volunteers, Department of Labor and Industries' workers, interns or third party contractors. However, if the City's proposed use of the above would reduce the number of authorized full time positions in each classification in the bargaining unit as of June 1, 2006,the parties agree to abide by RCW 41.56; 7.2.14 Discipline or discharge probationary employees as it deems appropriate, and to discipline or discharge employees who have completed probation for cause as set forth in Article 8.3; 7.2.15 Perform all other functions not expressly limited by this Agreement. 7.3 Bargaining Obligation. Except as provided by this Article, the parties acknowledge their obligation to bargain regarding matters affecting wages, hours and working conditions. 13 ARTICLE 8—PROBATION AND DISCIPLINE 8.1 All new employees will be required to serve a probationaryperiod of six (6) months from the date of hire. The probationary period may be extended up to six (6) months at the City's discretion. The City may discharge a probationary employee at its sole discretion and without just cause upon written notice to the employee and the Union. Employees serving their probationary period shall have no access to the Settlement of Disputes procedure in Article 4 above. Employees shall accrue sick and vacation leave benefits under this Agreement during their probationary period, but shall not be entitled to use vacation benefits until they have successfully completed their probationary period. 8.2 Promotion Probation. It is the policy of the City to advertise position openings. Qualified employees may apply for vacant City positions that represent a promotional opportunity for a current employee. All employees receiving a promotional appointment will serve a six(6)month probation. The probation may be extended an additional six months at the City's discretion. During the probationary period, an employee may revert to his/her previously held position if the position is vacant or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the City determines that an employee is not succeeding in his/her new position, the employee may also revert to the employee's previously held position if the position is vacant, or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the position is not vacant or the employee no longer meets the minimum qualifications,the employee will be terminated and available for recall under Article 5.3. The City's determination that an employee has not succeeded in a position during this probationary period may not be 14 challenged through the grievance procedure. Nothing in this Article is intended to affect the City's right to discharge or otherwise discipline a probationary employee for misconduct. 8.3 Discipline. The City has the right to reprimand, suspend, demote or terminate nonprobationary employees for just cause. For purposes of this Agreement, the parties agree that just cause means a legitimate and reasonable reason for discipline. Discipline generally will be progressive, however, serious misconduct may be grounds for immediate termination. The determination of whether circumstances warrant immediate suspension or termination shall be made by the City. 8.4 Notice and Appeal Rights. The City will advise employees that they have the right to request union representation during an investigatory interview with the City in which they are the subject of alleged misconduct that may result in disciplinary action. Employees shall have the right to a Loudermill hearing if the proposed discipline involves a demotion, suspension or termination. Employees who have been demoted, suspended or terminated have the right to appeal such actions through the Settlement of Dispute procedure if they submit their grievance in writing to the Chief Human Resources Officer within ten(10) working days of the date the discipline was issued. Oral reprimands are not subject to the Settlement of Dispute procedure. Written reprimands can only be processed through Step 2 of the Settlement of Dispute procedure, and may not be taken to arbitration. ARTICLE 9—WAGES 9.1 Salary Matrix. A schedule of all job classifications and their salary ranges are set forth in the Appendix A to this Agreement. As set forth in Article 9.3,the City retains the 15 discretion to grant or deny an increase based upon an employee's performance, as determined by the City. The Salary Matrix for positions covered by this Agreement may be amended from time to time by mutual agreement of both parties The increases to the pay grades of the City will be as follows: Beginning on 1-1-2016 or the date both parties have ratified the contract whichever is later,the maximum pay in each grade will be increased by 2.5%. Beginning 1-1-2017, the maximum pay in each grade will be increased by 2.5%. g g Beginning 1-1-2018, the maximum pay in each grade will be increased by 2.5%. 9.2 Initial Salary. An employee will typically be hired at the bottom of the Grade assigned to the job classification they have been appointed into within the City's Salary Matrix. At the City's discretion, employees may be hired at a salary level higher than the bottom of the pay Grade in the Salary Matrix. 9.3 PayIncrease. Annuallyon the employee's anniversary date,the employee's monthly salary may be increased within the pay grade of the position, by a minimum of zero to a maximum of four percent, dependent upon the employee's performance as determined by the City . Management acknowledges the importance of evaluating employees in a timely manner and will implement programs to ensure employee evaluations are normally completed within 30 vers days of the anniversary date. 9.4 Within ten business days of receiving his/her annual performance evaluation and notice of pay increase, if any,the employee may provide information to their department director 16 I to be considered in reviewing the amount of increase to be awarded. The director will respond to the employee within five business days. If, after considering the employee's request, no change in the initial determination of pay increase is made,the employee may, within five business days of receiving the department director's response, request Human Resources to review the information provided to the director. Human Resources will provide a response to the employee within five business days. The City retains the sole right to determine the amount of the percent increase. An employee's anniversary date is defined as their date of hire or most recent date of reclassification as adjusted with Leave of Absence Without Pay as defined by City Policy 200.530, Miscellaneous Leaves. If the employee's annual performance evaluation indicates below-satisfactory performance as determined by the City, the employee may not be increased in pay. The City may reevaluate the non-increased employee after 180 days, and if a non-increased employee's performance is satisfactory at the end of that review period, the City may increase the employee's monthly base pay within the Salary Matrix. If a non-increased employee's performance remains below satisfactory at the end of the 180 day period as determined by the City, the employee will remain at their current pay rate until their next regular twelve (12)month performance evaluation. The City shall have the exclusive right to evaluate an employee's performance, and such performance evaluations and the percentage amount of pay increase provided, if any, will not be subject to the Settlement of Disputes procedure set forth in Article 4. 9.5 Overtime. Permanent hourly employees shall be compensated at time and one- half(1-1/2)the employee's hourly rate of pay for all work performed in excess of forty(40) hours in any workweek. Hours not worked due to a Holiday as determined by Article 16 shall be included in the calculation to determine if the required 40 hours is exceeded. All overtime must 17 be pre-approved in writing by the Employee's Supervisor except in emergency situations, in which case the overtime must be approved in writing as soon as reasonably possible. Employees will not be allowed to receive more than one overtime rate or premium pay for the same hours worked. 9.6 Exempt Personnel. Each exempt employee shall be credited with forty hours of administrative leave at the beginning each calendar year. Employees hired after January 1 of a year shall receive a prorated amount of such leave Accrued Administrative Leave must be used in the year in which it is accrued and is not eligible for cash-out. it Substitute Plan. The Cityhas chosen not toot into the federal 9.7 Social Securityp Social Security System for eligible employees who were otherwise covered by a qualified retirement system. Instead,the City participates in a 401A social security substitute plan. The City will make benefit contributions as provided for in City Resolution 03-020 as may be amended from time to time. 9.8 Pension. The City and Employees shall participate in the Washington Public Employees' Retirement System as set forth in RCW 41.44. 9.9 Dual Grade Positions. When a position is established by the City having two or more pay grades, the initial placement of an employee into a grade will determine the grade they will remain in except by the promotion or reclassification of the employee to a position having a higher pay grade. 9.10 Shift Differential. Regular hourly employees working between the hours of 6:00 PM and 6:00 AM shall receive an additional 50 cents per hour actually worked during this time 18 period. This Shift Differential is paid in addition to the employee's regular base pay and only for actual hours worked. Leave taken shall be valued at the employee's hourly base rate only. 9.11 Stand-by Pay. Regular hourly Employees who have been notified by the City to remain ready to return to work will be considered on"Stand-By". Once placed on "Stand-By" employees shall receive $25 per 24 hour period for remaining ready to return to work. Employees having being placed on"Stand-By"may engage in their personal activities, but shall be ready to return to work within 30 minutes after being contacted, being fully capable of performing their duties. Employees placed on"Stand-By" are required to be available for contact. Employees not available for contact will not be paid"Stand-By" Pay for that day and may be subject to disciplinary action. Employees being placed on"Stand-By" shall not have the option of working the minimum amount of hours as stated in 10.2.3. Nothing in this article shall diminish the City's ability to schedule employees in advance or require employees to return to work whether placed formally on"Stand-By"or not. ARTICLE 10—HOURS OF WORK 10.1 Work Schedules/Shifts. The standard workweek for purposes of computing overtime for hourly employees shall begin at 12:01 a.m. Monday and shall conclude Sunday at 12:00 midnight. The City may assign appropriate work schedules and shifts. The City may alter work schedules and shifts with seven days advance notice to the employee (the City retains the right to make temporary modifications to the schedules of employees without notice to meet Department and City needs). 19 � III 10.1.1 Compressed Work Schedules. With the City Managers approval, employees may be allowed to work compressed work schedules using alternative work weeks. The alternative work week will determine the computation of hours worked,the length of the meal period as well as the computation of overtime compensation. The City retains the right to end the compressed work schedule of an employee or group of employees at any time. Compressed work schedules shall not interfere with the City's ability to provide service to customers nor shall they cause a budgetary impact. The denial or ending of a requested compressed work schedule is not subject to the settlement of disputes article set forth in this agreement. 10.2 Work Day. The normal working hours for full-time employees are eight hours, from 8:00 am to 5:00 pm Monday through Friday, with an unpaid one hour lunch period. The City retains the right to schedule or require employees to return to work outside these hours and days to meet Department and City needs. 10.2.1 Return to Work. Employees may be required to respond during off-duty times to return to work when operational needs of the City require them to do so. 10.2.2 Employees notified of an anticipated need for them to return to work will provide the City a current contact phone number and be ready, willing and able to return to work as soon as possible (i.e. 30 to 45 minutes). 10.2.3 Employees will be paid at their normal rate of pay after arriving at the designated work site and beginning to perform the duties required. If the response causes an hourly employee to exceed 40 hours of actual work in their assigned workweek, overtime 20 compensation will apply. Employees required to physically return to work will be allowed to work a minimum of two hours. If the amount of work that required the employee to respond takes less than two hours to complete, employees may choose not to work the entire two hours. Employees will only be paid for the hours they actually worked. If the employee is able to complete the work from home they will only be paid for time they actually worked. 10.3 Department Directors also have the discretion to grant an employee's request to adjust his/her hours of work so that the.employee begins his/her work schedule up to an hour earlier or later than the normal 8:00 am starting time and completes his/her work day up to an hour earlier or later than 5:00 pm. for a total of not less than eight hours of work. In exercising this discretion, Department Directors may consider a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. The Department Director's decision to grant or deny a request to modify the work hours as set forth in this section is not subject to the Settlement of Disputes procedure. 10.4 Meal and Rest Periods. Employees will receive one hour off, without pay, except as provided in 10.1.1for a meal during any shift lasting longer than five (5)hours. Meal periods shall be scheduled by the supervisor in light of a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. Meal periods may not be banked for late arrival or early departure from work. 10.5 Rest Periods. Employees shall receive a fifteen(15)minute paid rest period for each four(4)hours worked. Employees need not be given a scheduled rest period when the nature of the work allows intermittent rest periods that total fifteen minutes during each four hours of work. Intermittent is defined as intervals of short duration in which employees are 21 allowed to relax and rest, or a brief inactivity from work or exertion such as the time spent on a personal phone call, or taking a smoking break. Such rest time shall total fifteen minutes per four hours of work. Rest breaks may not be skipped and banked to be used for late arrival or early departure from work or for purposes of receiving overtime. ARTICLE 11 —GENERAL PROVISIONS 11.1 No Discrimination. The City and the Union mutually agree that there should be no unlawful discrimination against any Employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin, mental or physical disability, marital status,honorably discharged veteran or military status, use of a trained dog guide or service animal by a person with a disability or Union activity. All references to Employees in this Agreement designate both sexes. 11.2 Rules. The City reasonably expects its employees to meet high standards of performance to ensure the City provides quality public service. The Union recognizes the City's inherent and traditional right to establish reasonable work rules, and require their observance. Copies of any new rules or amendments to existing rules shall be provided to the Union 14 days prior to their implementation except in emergency circumstances. 11.3 New and Terminated Employees. The City agrees to notify the Union at the end of each calendar quarter if new eligible bargaining unit employees are hired or terminated during that quarter. Such listing shall contain the names of the employees, along with their job classifications, and work locations. 22 11.4 Labor Management Meetings. It is mutually agreed that the negotiating committee for Local 270-V and the negotiating committee for the City shall conduct regular labor/management meetings for the purpose of resolving problems that may arise. Safety items shall be included as eligible topics for discussion in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more or less often by mutual agreement. ARTICLE 12—HEALTH AND WELL-BEING 12.1 Insurance Plan. For the duration of this Agreement,the City shall make available an insurance program offered through the Association of Washington Cities or other provider consistent with article 12.4, or in conformity with state and/or federal law,to regular full-time and regular part-time employees and their eligible spouses/dependents, including medical, dental, vision, and employee long-term disability insurance coverage. This insurance program includes the following plans as they currently exist or as may be amended from time to time. 12.1.1 Medical Insurance. Employees may choose between the following medical plans: AWC HealthFirst 250, with Health Reimbursement Arrangement Account(HRA), AWC Group Health Cooperative $20 Copay Plan, with(HRA), or AWC Group Health—PPO Plan, with(HRA) as may be amended from time to time. The City and the Union agree that the current plans in addition to the Group Health PPO plan will be offered in each of 2016, 2017 and 2018, however,the parties agree that no plan will be offered in the successor Agreement to this Contract that will subject the City to the Affordable Care Act(ACA) Excise Tax. The City shall pay up to the following base medical premium rates for full-time eligible employees based upon the coverage chosen by the employee: 23 For Asuris Healthfirst 250: $517.32 for employee coverage $772.51 for employee and one dependent coverage $1038.02 for employee and spouse coverage $983.45 for employee and two or more dependent coverage $1,293.21 for employee and spouse and one dependent coverage $1,480.98 for employee and spouse and two or more dependent coverage For Group Health $20 Co-Pay and PPO Plans: $426.50 for employee coverage $638.00 for employee and one dependent coverage $848.48 for employee and spouse coverage $837.60 for employee and two or more dependent coverage $1059.97 for employee and spouse and one dependent coverage $1236.40 for employee and spouse and two or more dependent coverage Should the 2016 medical premium rates as required by AWC or any future plan provider exceed the 2015 medical premium rates,the City will pay 80% of the increase and employees will pay 20% of the increase. On or before February 15, 2016,the City will also contribute an amount of the deductible for each offered plan to the employee's Health Reimbursement Arrangement Account in the following amounts as determined by the plan chosen by the employee and number of persons covered: 24 Asuris Healthfirst 250-Individual $250 Asuris Healthfirst 250-Family $750 Group Health$20 CoPay or PPO Plan-Individual $200 Group Health$20 CoPay or PPO Plan-Family $400 (Family is defined as a plan covering more than the individual employee) Should the 2017 medical premium rates as required by AWC or any future plan provider exceed the 2015 medical premium rates, the City will pay 80% of the increase and employees will pay 20% of the increase. On or before January 20, 2017,the City will also contribute an amount cited above as determined by the plan chosen by the employee and number of persons covered,to the employee's Health Reimbursement Arrangement Account through AWC. Should the 2018 medical premium rates as required by AWC or any future plan provider exceed the 2015 medical premium rates,the City will pay 80% of the increase and employees will pay 20% of the increase. On or before December 26, 2017, the City will also contribute an amount cited above as determined by the plan chosen by the employee and number of persons covered, to the employee's Health Reimbursement Arrangement Account through AWC. The employee's share of any contribution rates as set forth above shall be deducted one half each pay period from the employee's paycheck. 25 12.1.2 Regular Part-Time Employees. The City will contribute a pro-rata amount of the cost of employee and dependent health coverage for part-time employees based upon the number of hours worked and according to the terms of the provider. Such contribution shall not exceed the current pro-rated contribution rate consistent with the terms of 12.1.1 12.1.3 Dental. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan, with dental coverage through AWC Washington Dental Service Plan E, as may be amended from time to time. 12.1.4 Vision Insurance. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan with vision insurance through the AWC Vision Service Plan as may be amended from time to time. 12.1.5 Long-Term Disability Insurance. The City will provide long-term disability insurance for eligible full time employees through the AWC Standard.Insurance Long Term Disability Option 1, as may be amended from time to time. 12.2 Life Insurance. The City will provide a life insurance benefit equal to two-times the employee's annual salary for all Regular employees. 12.3 Employee Assistance Program. The City will participate in an Employee Assistance Program(EAP) in order to provide confidential assistance to employees on family, work, personal or substance abuse issues. EAP assistance may be initiated by either the employee or the employer. 12.4 Cost Containment. In the interest of containing costs, the City may elect different insurance carriers and adopt different insurance plans than those currently described in Article 26 12.1. The Union shall be advised of these changes and must request bargaining of those changes within five days of receiving notice or shall be deemed to have consented to the changes. 12.5 Health Reimbursement Arrangement Accounts (HRA). The City will establish Health Reimbursement accounts for each regular employee. These accounts may be used by the individual employee for medical expenses as determined by the plan requirements and the amount contributed by the City will be determined by this Article. These plans will be designed such that at the end of employment with the City, employees may continue to use the remaining balance of their HRA post-employment for qualified medical expenses as defined by the plan. At the point an employee leaves the City, they can either close their account or pay in advance the administrative fee associated with the account for a period of up to 12 months. The remaining balance at the end of the pre-paid period if any shall be returned to the City. Employees shall substantiate all claims made for reimbursement from their respective HRA. Claims paid but not substantiated within 12 months of reimbursement shall be considered taxable income of the employee. The City reserves the right to reduce, stagger, or eliminate HRA contributions on a per- employee basis when any contribution is expected to trigger liability under the Affordable Care Act Excise Tax. The City will only reduce HRA contributions as necessary to avoid tax liability. 12.6 Changes to Insurance Plans. In the event that the health plan providers cause changes to the benefits included in the health insurance plans specified in this Article during the term of this Agreement, the City will notify the Union of those changes. 27 ARTICLE 13—SICK LEAVE 13.1 Sick Leave Accrual. Full-time employees shall accrue sick leave at the rate of four(4)hours for each completed pay period of active service;provided that an employee does not have more than ten (10) days leave without pay in that month. Part-time employees shall accrue sick leave on a prorated basis. 13.2 Use of Accrued Sick Leave. Employees' accrued sick leave balances will be charged for the actual time of any sick leave used. Accrued sick leave may be used only for the employee's own illness or injury, for preventative care or as authorized by RCW 49.12.270 and the Washington Family Care Rules, WAC Chapter 296-130 as may be amended from time to time. The City shall have the right to send an employee home and require the use of accrued sick leave if it reasonably believes the employee is unfit for duty or the employee's illness or injury prevents proper performance of the job and/or unreasonably exposes other employees to illness. The City shall also have the right to require an employee to undergo a fitness-for-duty examination before returning to work. 13.3 Sick Leave Verification. Employees must notify their supervisor as soon as reasonably possible when they will be absent due to illness or injury. The City may require a written medical certificate for absences of three (3) or more consecutive days, where excessive absenteeism or tardiness occurs, or where there is reason to suspect sick leave abuse. Abuse of sick leave or excessive absenteeism or tardiness maybegrounds for disciplinary action, upto p �'Y and including termination. An employee returning to work after a sick leave absence of three (3) or more consecutive days may be required to provide written certification from his or her health 28 care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation. 13.4 Annual Sick Leave Carry-forward and Cash-out. Accrued sick leave may be carried forward at year end,provided that no employee may accrue more than seven hundred twenty (720)total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to ninety six (96)hours of sick leave to cash. Once an employee approaches the required amount as stated above,they may request a future cash out for the pay period in which they reach the required accrual of 720 hours. Employees shall submit their cash out request in writing to the Human Resources Manager prior to the pay period referenced above. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing it at 25% of the employee's regular wage. For example, 96 hours of sick leave may be converted to 24 hours of regular pay. ARTICLE 14—ADDITIONAL REASONS FOR LEAVE 14.1 Family Medical Leave. Employees shall receive family medical, disability, exigency/care for a service member or pregnancy leave as required by state and federal law. Employees must use any accrued and available paid leave as part of their Family Medical Leave, except as otherwise authorized by the City Manager. Once all available paid leave has been exhausted, any remaining period of Family Medical Leave shall be without pay. Accrued paid leave is available under this section if its use is permitted for the type of absence for which the employee has taken Family Medical Leave. 29 14.2 Leave Without Pay. At the City's sole discretion,the City may grant a leave without pay. Such leave shall not extend beyond 26 weeks, unless required by law. 14.3 Bereavement Leave. An employee may use up to three days of Bereavement leave in the case of a death to a member of the employee's immediate family. The Deputy City Manager may grant employees the ability to use up to two additional days of accrued sick leave or Leave Without Pay for this purpose in extenuating circumstances. Immediate family shall be defined as spouse, mother, father,mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Bereavement leave is to be used to arrange for and/or attend funeral activities. 14.4 Jury and Witness Leave. Employees subpoenaed to appear for jury service or as a witness in a court proceeding unless the employee is the moving party in an action against the City, will receive pay at their regular rate of pay for work hours missed because of their required service. Employees must notify their supervisors upon receipt of a subpoena for jury or witness duty, keep their supervisors apprised of the schedule for their jury or witness duties, and report to work when the court schedule permits. The City may require documentation confirming the participation as a juror. Any compensation paid to an employee for jury or witness service, other than reimbursement for expenses,must be paid to the City. 14.5 Military Leave. Employees shall be entitled to military leave in accordance with state and federal law. Unless prohibited by military necessity, employees must provide the City with a copy of their orders at the time they request military leave. Requests for military leave shall be made as soon as reasonably practical after the employee learns of the need for such leave. 30 • 14.6 Donated Leave. Where an employee has exhausted his/her leave banks and the City determines that a catastrophic health situation exists,the City will implement a donated leave policy. The City will determine the terms of the policy based upon the circumstances that exist at the time, however, employees shall be entitled to donate up to twenty percent of their qualifying leave banks as long as the other terms and conditions of the policy are met. ARTICLE 15—VACATION LEAVE 15.1 Vacation Accrual. Full-time employees shall accrue vacation at the rates set forth below. Part-time employees shall accrue vacation on a prorated basis. During Years of Continuous Employment Monthly Accrual Rate Date of Hire through 5 years 8 hours per month 6th through 10th years 10 hours per month Beginning with the 11th year 12 hours per month One half of the monthlyday accrued vacation hours shall be credited on the last of each pay period. Employees who are in unpaid status for more than ten (10) working days in a month will not accrue vacation leave during that month. Nothing in this Article or Agreement limits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in recognition of their previous 31 experience as part of an offer of employment, or to provide greater benefits than provided in this Agreement. 15.2 Maximum Vacation Accrual. Employees may accrue vacation up to a maximum of three hundred sixty (360)hours. 15.3 Use and Scheduling of Vacation. Vacation leave must be scheduled with the advance approval of the employee's supervisor based upon the needs of the department. At their election, employees may use vacation in place of or in addition to sick leave for any of the purposes described in Section 13.2. Employees using vacation for this purpose are expected to provide their supervisor notice of their absence as described in Section 13.3. Employees' accrued vacation balances will be charged for the actual time of any vacation used. 15.4 Cash-out of Vacation. Employees will be paid for their accrued but unused vacation upon their termination of employment with the City at the regular rate of pay in effect as of the date of termination. ARTICLE 16—HOLIDAYS Paid Holidays. The following days are paid holidays for all regular full and part-time employees: New Year's Day January 1 Martin Luther King Day 3rd Monday in January 32 President's Day 3rd Monday in February Memorial Day Last Monday of May Independence Day July 4 Labor Day 1st Monday of September Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving Christmas Day December 25 When a holiday falls on a Saturday, the preceding Friday will be the holiday. When a holiday falls on a Sunday,the following Monday will be the holiday. 16.1 Holiday Pay. Eligible full-time employees will receive pay at their straight-time rate for 8 to 9 hours they would have worked, based on their regular schedule, on the day of the holiday. Part-time employees will receive holiday pay on a prorated basis. 16.2 Eligibility for Holiday Pay. Employees are eligible for holiday pay if they are in paid status on their regular, scheduled work day preceding the holiday and the day immediately following the holiday. 16.3 Hours Worked on a Holiday. Employees required to work on a holiday will receive straight time for all hours worked on that day. They shall also receive Holiday Pay or, another day off during the month in which the holiday was celebrated, with the advance approval of the employee's supervisor, or the employee shall receive holiday pay rather than the equivalent time off. 33 16.4 Holiday Observance. When a holiday falls within a period of paid leave,the holiday shall not be counted as a leave day in computing the amount of leave debited. ARTICLE 17—DRUG TESTING 17.1 The City may require an employee to have a drug or alcohol test where there is a reasonable suspicion that an employee is impaired or under the influence of alcohol or drugs while on duty, following an accident or incident involving the employee, upon return to work from a protracted leave of absence, in conjunction with a D.O.T. or other regularly scheduled physical examinations, or pursuant to applicable law or regulation. 17.2 Where the City elects to perform a drug or alcohol test as set forth in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a positive test result, may result in termination or other disciplinary action as determined by the City, subject to the grievance procedure. ARTICLE 18—EDUCATIONAL REIMBURSEMENT 18.1 The City provides an educational reimbursement incentive for qualified employees. The terms and conditions governing reimbursement are dictated by the City's education program policy, subject to revision by the City. Any dispute concerning an entitlement to educational reimbursement is not subject to the grievance procedure. 34 ARTICLE 19—LOCKOUTS 19.1 Lockouts. No lockout of employees shall be instituted by the City during the term of this Agreement. 19.2 No Strikes. The Union and employees agree that there shall be no strikes, slowdowns, or stoppage of work. Any employee who violates this provision may be subject to disciplinary action, up to and including termination. ARTICLE 20—SAVING CLAUSE It is the intention of the parties hereto to comply with all applicable provisions of the State or Federal law, and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with, unless any of such provisions shall be declared invalid or inoperative by a Court of final jurisdiction. In such event, either party may request renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof;provided, however, that such findings shall have no effect whatsoever on the balance of this Agreement. 35 SIGNED AND DATED THIS 17 DAY OFArageker2015. F 1 ' • ' Y: FOR THE UNION: /Ad CIA-06(- Iii_ .fir' C ty tee President - /111 City Clerk ic• resident L. Approved as to Form: Dean Vercruy ss e, Staff Re.resentative (7,--xr -4/AS Cit ttorne 36 Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE Salary Schedule Effective January 1,2016 Ii1.111111.1111.11111.01Positir]T_if1e garm 20l6?Ran e City Manager Unclassified_ Deputy City Manager 21-22 8,888.39 1-1 14,180.99 City Attorney 21 8,888.39 1-1 12,763.00 Community Development Director 21 8,888.39 I-1 12,763.00 Finance Director 21 8,888.39 1-1 12,763.00 Public Works Director 21 8,888.39 I-i 12,763.00 Parks and Recreation Director 19 7,199.37 I-I 10,338.90 Human Resources Manager 18 6,480.26 i-I 9,304.55 Planning Manager 18 6,480.26 I-I 9,304.55 Building Official 18 6,480.26 I-I 9,304.55 Capital Improvements Program Manager 18 6,480.26 I-I 9,304.55 Development Services Manager 18 6,480.26 I-I 9,304.55 Deputy City Attorney 18 6,480.26 I-I 9,304.55 Senior Engineer-Traffic and CIP 17 5,831.91 1-I 8,373.75 Accounting Manager 17 5,831.91 I-I 8,373.75 City Clerk 16 5,248.201-1 7,535.89 Engineer 16 5,248.20 I-1 7,535.89 Senior Plans Examiner 16 5,248.20 I-1 7,535.89 Public Works Superintendent 16 5,248.20 i-I 7,535.89 Senior Administrative Analyst 16 5,248.20 1-I 7,535.89 Senior Planner 16 5,248.20 1-I 7,535.89 Development Services Coordinator 16 5,248.20 i 1 7,535.89 Associate Planner 15 4,724.02 I-I 6,782.76 Assistant Engineer 15 4,724.02 I-I 6,782.76 IT Specialist 15 4,724.02 I-I 6,782.76 Engineering Technician II 15 4,724.02 1-I 6,782.76 GIS/Database Administrator 15 4,724.02 I-I 6,782.76 Economic Development Project Specialist 15 4,724.02 I-1 6,782.76 Human Resource Analyst 14 4,251.88.1-I 6,104.96 Accountant/Budget Analyst 14 4,251.88.1-I 6;104:96- Administrative Analyst 14 4,251.88 1-1 6,104.96 CenterPlace Coordinator 14 4,251.881-1 6,104.96 Planner 14 4,251.88 1-I 6,104.96 Building Inspector II 14 4,251.88 I-1 6,104.96 Plans Examiner 14 4,251.88 I-I 6,104.96 Public Information Officer 14 4,251.88 I-1 6,104.96 Engineering Technician I 14 4,251.88 1-I 6,104.96 Senior Permit Specialist 14 4,251.88 I-I 6,104.96 Code Enforcement Officer 14 4,251.88 I-1 6,104.96 Maintenance/Construction Inspector 13-14 3,826.38 I-i 6,104.96 Recreation Coordinator 13-14 3,826.38 1-1 6;104.96 Customer Relations/Facilities Coordinator 13 3,826.38 I-I 5,494.24 Building Inspector I 13 3,826.38 1-I 5,494.24 Executive Assistant 13 3,826.38 I-I 5,494.24 Planning Technician 13 3,826.38 I-I 5,494.24 Deputy City Clerk 12-13 3,445.00 -1 5,494.24 Senior Center Specialist 12-13 3,445.00 I-+ 5,494.24 Human Resources Technician 12-13 3,445.00 i-I 5,494.24 Permit Facilitator 12 3,445.00 I-I 4,944.70 Help Desk Technician 12 3,445.00 I-I 4,944.70 Administrative Assistant 11-12 3,099.55 1-1 4,944.70 Permit Specialist 11-12 3,099.55 I-I 4,944.70 Accounting Technician 11-12 3,099.55 1-I 4,944.70 Maintenance Worker 11-12 3,099.55 I-I 4,944.70 Office Assistant II 10-11 2,789.41 1-I 4,450.45 Custodian 10 2,789.41 1-I 4,004.48 Office Assistant I 9-10 2,510.78 I-I 4,004.48 Note: Slight rounding differences may exist between the figures reflected on this page and the actual payroll rates computed by the Eden Payroll Systeme, .1 1 37