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2012, 12-19 Special Meeting . �i # ` . 3 AGENDA , SP�I�A.�tE VALLEX C�TY COUNC`IL SPEC�AL MEETING Wedne��lay,Deeembex•I9,2012 - 6;00 p.in. ��ol�ane Valley City HaII Council Chambe��� 11'107 E S�rague Aven�re ' Spok��ie Valley,WA 99�1.6 Ca�l to O�de:r by Mayo�•Towey Rol1 CaII�y Cify Clerk . A�enda ToUic; To cansider ratification of the cantrac# between tha City of Spokane Val�ey and . the Wasl�ington Sta#e Council of County and City Employees, Local 270-V, � AFSCME,AFL-CIO Adjauznment . Qr.Pni�I T�ifaafinn Arrnr.�ln 9'7_'1 O!}(�1'] Uana 1 nf 1 C1TY OF SPOKANE VALLEY Request for Council Action Meeting Date: Decem�er 19, 20�12 City Manager Sign-off: ltem: Check all fhat apply: ❑ consent ❑ old business � new busEness ❑ public hearing ❑ information ❑ admin. report ❑ pending legisfation AGEN�A iTEM TITI.�: Matian Consideration: Approval of fhe collective bargaining agreemenf �etween the City of Spolcar�e Valfey and the Washington State Counci! of Counfy and City �mployees; Local 270V, American Federation of State, County and Munic�pal Em�foyees (AFSCME), forthe term af January 1, 20�3 —December.39, 2a95. GOVERNING LEGISLATiON: PR�VIDUS GOUNCIL ACTION TAK�N: BACKGROUND: The City of Spokane Valley negotiated with the Washington State Counci( af County an� City Emplvyees, Local 270V, AFSCM� Unian the attached cof[ec#ive bargainir�g a�reement. I� has b�en agree� upon by the negotiating par�ies subject to a�praval �y the Cou�tcif and ratification �y t�e Union members. The Union members�oted fo ratify the agreement on December 17, 20�2. ThEs agreemer�f includes provisions an� updates to secure the Ci�y's a�ility to provide effecfive and fimely services to th� Cify and clarifies the employment relationship between the City and the represented employees. It sup�arts the�alues of the City of fiscal respansibil�ty an� employee ��rfiormance. The agreemenf is effective January 1, 2093 contingent u�or� approval by#he Council. �PTiONS: Ratify the collective �argaining agreement, effective January 1, 2013 or �rovide ad�i�ional direc#ion fo staff. R�COMMENDE� ACTi�N �R M�T#ON: I moWe to ratify the Coll�ctive Bargaining Agreement between the City of SpoKane Valley and-the Washington Sfate Counci[ of County and City �mployees; Local 270V, American �ederation o� State, County and Municipal �mp[oyees (AFSCME), for the term of January �, 2013 -- December 3�, 2015, and authorize the City Manager to finafiza and execute the Agreement. BUDGETIFINANCIAL IMPACTS: This Co�tract re�resents a red�ction in the appro�ed 20T3 Cify Budget. STA�F' CONTACT: John Wh[#ehead, HR Manager ATTACHME[VTS Co�lective Bargaining Agreement 11�12D13-- �2I3112095 AGR�EMENT BETWEEN THE C�TY OF SPOKANE VALLEY ' AND THE WASHINGTON STATE C4UNCIL OF C�UNTY AND C�TY�MPL�YEES LOCAL 270-V,AF�CME Januaiy 1,2013—Decmber 31,2015 TABLE OF CONTENTS P. a�e ARTICLE1 --�EMBODIMENT...................................................................................................... 1 ARTICLE 2—RECOGNITION..................................................................................................... 2 ARTICLE 3 —UN��N SECURITY...............................................................................................2 ARTICLE 4—SETTLEMENT 0�'DTSPUTES.............................................................................4 ARTICLE 5 —SENIORITY............................................................................................................ 9 ARTICLE 6-�BULLETIN BOARDS,UNION OFFICIALS TIME OFF AND VISITATION.................................................................................................................... 10 ARTICLE 7—MANAGEMENT RIGHTS .................................................................................. 12 ARTICLE 8—PROBATION AND DISCIPLINE....................................................................... 1� ARTICLE9—WAGES ................................................................................................................ I.d ARTICLE 1Q—HOURS 4F WORK............................................................................................ lb ARTTCLE 11 --GENERAL PROV�SIONS .................................................................................21 ARTICLE 12--HEALTH AND WELL-BETNG.........................................................................22 ARTICLE 13 —SICK LEAVE.....................................................................................................26 ARTICLE 14—ADDITIONAL REASONS �'OR LEAVE..........................................................28 ARTICLE 15 —VACATION LEAVE.......................................................................................... 30 ARTICLE16—HOLIDAYS........................................................................................................ 31 ARTICLE 17-�DRUG TESTiNG................................................................................................ 32 ARTICLE18 —LOCKOUTS ....................................................................................................... 33 ART�CLE 19—SAVING CLAUSE............................................................................................. 33 i PREAMBLE This Ag�•eement ente�•ed into by the City of Spokane Valley, hereinafter refei7ed to as the City, and the Washington �tate Council of County and City Employees, Loca1270-V AFSCME, AFL-CIO,hereinafter�•efe��rad to as the Union, has as its purpose the promotion of hai�nonious relatians betwe�n the City and the Union; #he establishment of an equitable and peacefiil procedure foi�#he resolution o�difFerences; and the establishlnent ofrates of pay, hours of work and other conditioxis o�emplayment. TERM OF AGREEMENT This Agreement shall becflme affective on th� 1$t�ay of Janua��y,2013, and shall continue in full�ozce and effec�thtough the 31 S�da�of Decembe��, 2015. The Czty and Union agree ta commence negotiations for a successor contract at Ieast 6� days prior to the fermination of the Agreement. Tf either pai�ty fails to provide notice of a�intent to negotiate a successor agreement,the tern�of fhis Agreement will continue in fu11 force and effect foz the next year. ARTICLE 1—EMBODIMENT ` 1,1 �t is mutually ag�•eed that the City management and Local 270-V shall work together individually and collectively to provide t�ie public with effcient and courfieous se�•vice, �o encourage good attendance of employees, and to promo#e a climate of labor relations thaf will aid in achieving a high level of ef�ciency in all depa�tmen�s of City government. 1.2 This Agreement expressed he��ein in writing constitutes the entire agreement between th�parties and no oral statement ar practice shall add to or supei•sede any of its provisions. The parties acknowledge fhat during tlie negotiations whzch preceded this Agreement, each�ad#he i�ight and opportunity to make demands and proposals with i•espect�o I' any subject or matter not removed by law fi�om the area of collective ba�•gaining and#hat the understandings and agreements a��rivad at by the parties afte��the exercise o�that right and oppo��unity are set forth in this Agreement. Therefoze, the City and the Unio�i, �o�•the life a�this Ag�•eement, each voI��tariiy and unqualifiedly waive t��e xight, and eack�agree that the at��ez slzall not be obligated to bargain collectively with��espect to any man.datory subject of ba��gaining nnt specifica�ly rsfa�•red to, or not settled, di�ring the course of these negotiations. Such matte�s s�all aiso not ba subject to the g��ievance pracedure. ART�CLE 2—RECOGNITION The City recognizes t�e Union as the sole and exclusi�e bargaining represenEative�ox all eligible fulltime and r�gular pai�-time non-uniformed employees in professional, technical and clerical positzons in the Executive and Legislative Support, Co�nmunity Developtnent,Public Wo��ks, Parks and Rec�•eation, and Operafions and Administration Depat�tments o�the City o� Spokane VaIley, �xcludii�g supervisors, confidential employees, seasonal employees anc�casual emp�oyees. A seasonal or casual employee is any employee�u•ed to work for no more than six continuous mont�s or 1040 haurs in a calendar year, whichever is greater. ARTICLE 3--UNTON S�CUR�TY 3.1 Union Securitv. Eacl�employee who, on 7une 1, 2006,is a dues-paying member of the Union, shali, as a condition of err�ployment, maintain his/hez dues-paying membe��ship in the Union during the term af this Agreement. Employees who are not ciues-paying members of the Unxon prrior to June 1, 2006 shall have#he option of choosing to become 4r not became dues- 2 paying members of the Union. New ert�playees hired after Jui�e 1, 200& shall,as a condition af , employment, become a dues-paying member of the Unfon after thit�ty-a�e(31) days o�•as a �I candition of employmernt, any empla�ee l�ized aftez�June 1,2006,who does not wish ta b� a dues-paying member of the Union, shall propo�•tionately and fai�•ly share in t�ze cost of the collectzve bargaining process by paying to the Union a maintenance fee equivalen#to the amount o�dues uniformiy required of each mer�ber of the bargaining unit. Shauld any employee be opposed to joining the Union by bona fde�eligiaus tenets ar teachings of a church or religiaus 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 r�on-religious charity or to anothe�•charitable ozganization mutually agreed upon by the public amployee af�'ecfied and the bargaining representative to which said public employee would atherwise pay the dues. The pubiic employee shaii fui�nish written p��oof that such payment has been made. If na decision can be�•eached on an acceptable chazitable o�•ganization,t�e Public Employment Relations Cammission sha11 designate tha charitable organization. Should a bargaining unit membe�•who is rec�uired unde�the provisions above to becnme a dues-paying member and maintain such mernbership in good standing fail to da so after recezving notice of default from the Union, the Union shall pzovide tl�e Czty w�th a request ta terminate the employee's employment under this Article, and docurnentation substantiati��g the employee's noncompiiance and reesipt of notice of default. On a one-time basis,the Cify wi11 offe��the employee a one-week unpaid Decisian Making Leave, At the expiratian of the Decision Making�.eave, fhe employee must comply with the above by paying hislher duas oi entering into a payment plan with the Union to do sa,paying a�naintenance fee or th�e equivalent 3 to a charztable oi•�anization�ased upon bona fide�eligious tenets or taachings of a chuz•ch, or Ieave the City's employ. 3.2 Dues Check-Off. The City agrees to deduct, once each montl�, dues fi�oni the pay of those employees who individt�all�xequest in wi•iting that such deductions be made. The amounts to be dec�ucted shall be ce��ifed to the City by the T��easurer of the Union, and t�te aggi•egate deductians of aIl employees s1�a11 be remitted together with an itemized statement ta the Tx•easurer of the Unian. The Union sha11 notify the City at least thit�y (3Q)days in advance of any changes in its fees. Dues shall be deducted one half eacl�pay pe��iad. 3.3 Dafense/Indemnit . The Union agrees to defen�, indemnify, and hold the Cify hai�nless againsf an�and all clairns, suits, oi•ders o�•judgments btought or issued against the City as a result of any action taken or not talcen by the City under the provisions of this Article, ARTICLE 4—SETTLEMENT OF DYSPUTE� 4.1 G��ze�vance Defined. A grievanca is def ned as any dispute ir�valving the interpretation, application or a.11eged violation a�any provisions of fhis Ag�•eement. 4.2 Time Limits. Tima limits within the grievance pracedui•e may be waived or extended by the mutual agreement o�both paz�ties. If the Union, an behalf of the employee(,s}, �ails to act or iespond within tl�e specified time limits,the grievanca will be conside�ed waived, If the City fails to��espond within tl�e specified time lirnits,the gri�vance shall p�•oceed to the next step of the g�•ie�ance pzocedui•e. 4 I I The �ay aftei•the event, act a��omission shail be the f�rst day of a timeline urzde�this Article. In the event a time limit unde�•this Ai�icle e�ids on a weekenc�or holiday; fhe deadline will automatically be extended to the follo�ring business day. �ubmissions wili be considered timely uncier this Ar�ticle if they a�•e received by 5:00 p.m. on the last day called for under an applicable time lir�it. Submission of Grie�ances and Responses, All g��ievances not�•esolved at fhe supervisory level and requests for arbitration must be submitted to the appropriate Department Di��ector and City's Chief Human Resoui•ces Officer or designee, �ay fax, ha�•d copy, and/o�•electronic mail. Th� g��ievance s�all include the facts gi�ving xise fo the grievance,the sectian(�) of the Agreernen� allegedly violated, and the remedy soughf. All City responses will be submitted to the Union's Spokane business of�ce by hard copy o��fax, 4.2.1 Employee Rep��esentation, Grievances may be filed by the Union on behalf of an employee oz an behalf of a group of employees, The g��ievance will state the name af the employee or the names of the gro�p of employees. The Union, as exclusive�•epresentative, is considered the only xep�esentative o�the employee in each step of the g��ievance pracedure and at any meetings scheduled to discuss a grievance. The Union has the�•igk�t in each step of a grievance to designate the person wha will represent the employee on behalf of the Union. �,2.2 Resolution. (a) Sfep I. Employees are encouraged to attempt to xesolve complaints tluough informal discussion with their supervisors. The pai�ties are encouraged ta meet and discuss the issues raised in the g�•ievance and explore op#ions fo�•resolving fhe S grievance at each step in the dispute�•esolution pzocess. The City a�td Union may also ag�•ee to by-pass any o�t�e steps in the grievance proces�. (b) St. ep 2,I�the paz�ties are unable to zesolve tkze grievance at the supeivisor Ievel,tl�e Unian, on behal�o�the aggrieved employee s�all s�xbmit tk�e g��ievance in writing to the Depa�-tment Direc#o�•o�#he x•elevanf depa��tment and Chief Human Resoui•ces Officer,within thi��ty(30) calendar days of the day the employee or Union knew or reasonabiy sliould have known of the events giving rise to the grievance. The appropriate De�ai�ment Directox or desrgnee shall respond to the grievance in v��iting within fourteen (14) calenda�•days . of ifs receipt. {c) Ste� 3,, If the parties ar�unable to resol�e the grievance afte�' discussing the issue with the Depaz~tment Direc�ox, the Union shall submit the written grievance to the City Manager within fo�rteen day� of its receipt of the Depai�ment Director or designee's xesponse. The City Manager o�•his designee shali i�aspond in writing to the g��ievanc�with�n fourteen (14) calendar days£ollowing its zeceipt. (d} St. e�4. Should t1�e preceding steps fail to resolve the g�•ievance, tha Union shall notify the City in writing within fourteen(14) calendar days afte�its receipt of the City Manager o�•designee's response af its ir�tent to move the g��ievance to arbitration. 4.3 Arbit��ato� Selection. Within a reasonable period of time after receiving the Union's notifieation, the parties shall confer and attempt to a�ree on a neutral arbitrator. Tf unab�e to reach agreement,they shall request a iist of eleven(11} arbitrators fi�om the F�deral Mediatian Conciliation�ervices {��FMCS").. I�the pax�ties a�•e unable to obtair�a list from 6 FMC�, they may request a list from the Public E�npioyment Relations Commission(PERC}, The list shall be limited to a�•bih•ato�•s from Washington and/o�� Oregon. Within fourtee�(14}calendat•days foliowing the receipt of the list of eligible at•bitrato�•s, the parties' representatives shall m�et ta select an arbitrator. If the pa��ties are unable to mutually agree upon an arbitratar, they shall each strike five arbitrators from tt�e list in an alternating o��der, and the�emaining a��bzt�•ator shatl hea�•the dispute. �'he party exercising the frst strike shall be the Ioser of a flip of a coin, 4.4 Rules Governin�Arbit�atzon. The arbitrato�•will: (a} Be limited to inte�p��eYing and applying the te��ns of this Ag�•eement, and will have no authority to i�ule contrary to, add to, subtraet fi•om, or modify any of #he p�•ovisions of#his Ag�•eemenf; (b) Be limifed in his or hei�d.ecision to the grievance issue(s} set fo��th in the original written gtievance unless the paz�ties agree to modify it; (c) Not make any award that provides arz employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back pay o�� other zemedy to na more tl�an 30 days prior#o the submission of the grievance in vv��iting to tlie supe�visor(unless the amount owing i� due to a payroll ei�•or}; and (d) No#�educe the discipline rendered if he/she finds there was just cause for drsciplinary action as defined in A��icle 8.3 7 4.5 Arbrtrator's Decision. The Atbitrator shall issue a written decision to the pai�ies within thirty(30} calendar days of the close of the hearing or the submission o�post-hearing briefs, whicheve��is la#er, The ciecision shall be final, conchisive and bindi�.g on the Czty,the Union and the employees; pravided fhat t�e dacision does not include action by the a�•bitrator beyonc�his or he�•juzisdiction, 4.6 Arbitration Costs. The expenses and fees of the arbifzatox and the cast(if any} of tha hearing room.will b� shared equally by the parties. If either pa��ty desires a i•eco�•d of the arbitra�ion, a court repo��te�•may be used, Tf that party purchases a franscrip#, a copy will ba provided to the arbitrator, free of charge. �f the ather party desires a copy of the transc��ipt, it wi11 pay�oz half of the eosts of the fee for the court reparter,the original transcript and a copy. Each party is responsible for the casts o�its staff t•epresentati�ves, attarneys, and atl ather costs�•elated ta the development and presentation of i#s case. 4.7 Election of Remedies. The parties agree that the grievance p��ocedu�•e contain�d in this Agreement shall be the employee's sale zemedy for issues covered by�his Agreemer�t, piavided that employees may also seek redress or review b�an external body, whetl�er administrative or judicial, of alleged violations of the employee's statutoxy�•igh#s. 8 ARTZCLE 5--SEN�ORITY 5.1 Job Classification Senioritv Defined, The length of continuous setvice in the employee's job classification. 5.2 Senio��it,�. The City shall prepa��e a list of full ti�ne employees showing thei�• senio�•ity and deliver the same to the Union on an annual basis. Upon campletion o�their probationary period,new ernployees shali Ue added to the senio�•ity list, The list shall reflect the emplayee's name, classification and date of appaintment, classification seniority and le�gth of sei•vice with the City. 5.3 Layoff,. A reduction i��orce is accamplished in accordance wi�h thi� Ar�icle. 5.3.1 Putpose and Notice. in the event that the City detei•mines that fnaneial oz operational needs xequire a Iayoff,the City will identi£y the �pacific positian(s) andlor employees affected by the layaff, and will pi�ovide a minimum o�foui�teen(1�)days notice to t�e empioyee(s}designated for layoff 5,3,2 �election of_Lavof_f, Tn tha e�ent there i�more than one employee in a position identified far a reductian-in-fozce,the City shall conszder the employee's ability, performance anci qualifications to pei•form the rernaining job; where abilit�,pez�ozmance an�. qualifications are judged equal by the City, classification seniority will be the detei�mining factor. 5.3.3 Lavoff Recall. Employees are eligible for recall to the posifion in wl�ich �hey were laid vff in the inverse order in which they were laid off asstirning ti�ey are qualified to 9 perform the position. An employee on layoff must keep t�e City infoz�ned of the addzess and telephone numbe�•whe��e ha/she can be contacted. If the City is unable to cantact the employee within ten{10) calendar days, the Cifp's obliga�ian ta recall the e�nployee shall cease. The City shall have no obligation to x•ecall an emplayee after he/she has been on can#inuous layoff for a period exceeding nine (9)rnontt�s, Sk�ould an emplayee not ret��rn to work when recailed, the City sha11 have no fu�thez obligation to recall hirn�ei�. ARTICLE 6--BULLETIN BOARDS,UNION OFFICIALS TIME OFF AND VISITATYON. 6.1 Bulletin Boards. The City shail aliow the Union to use a designated Bulle#in Board �'oz afficial Union postings. Material pasted on the bulletrr�board shall be apprapriate ta #�.e workp�ace, and in compliance wi�h stafe ethics Iaws, election Iaws and identified as Union literature, 6.2 Offcezs and Stewards. The Unio�shall furnish to th� City an up-to-date list o� officexs and stewa�•ds and theii•woi�k lacations at least annually with c�anges as they occur to the Human Resaurces Department. 6.3 Union Officials�`ime Off for Collective Baz ainin . Up to two union officials � sha11 be gran#ed up to two hou�•s paid time-off to participate in each labor negotiation session on behalf of employees in the bargaining unit,provided that the i�equest for time aff is appraved in advance by the supe:�visor, Supei•visors may deny a rec�uest for�ime off to per�a�•m union activitxes and/or request tl�at the employee seek a delay o�the meeting foz w�ich time is sought if 10 the employee's absence would advers�ly impact tl�� City's opei•ations or the empioyee's pres�nce is nece�sary to complete a time-sensitive assignmenf. 6.4 Union Activities, Shop stewards identi��d by the list cite� in 6.2 above,may use paid time ta conduct collective bargaining with the City as set fo��th ir�Article 6.3, a�tend investigatory interviews conducted by the City whe�•e the employee�•easanably exp�cts discipline will follow and�as�•equested Uraion rept�esentation(Weingai�en in:fe�•view),and repxesent emplayees in grievance meetings and Loudermill hearings wi#h the Cify. Except as set specifically foi�th above, the City shall not compensate bargaining unit ernployees and shop stewards for union related activities. Union offcers, s#ewards and negotiat'ing team me�nbe�•s m�st noti£y their supetvisors befot�e performing any��epresentational activzties that will take the�n away fram work for a pe�•iod of Ionger than fifteen{15}minutes, and all such time must be recordsd an the employee's time sheet. �upezvisors may deny a request for time off to perform union activities andlar request that the employee seek a delay of the meeting fo�•whick�time is sought if the employee's absence would adversely impact the City's operations o�•the etnployee's presence is necessa��y to complete a time-sensitive assignment. d.5 Visi#ation. With�•easonahle advance notice, a x•epzesen#ative of the Union may visit the wo�•k location of tlie emplayees co�ereci by the Agreement at a reasonable time�ar the puipose of investigating g��ievances. Said representa#ive shall Iimit his activities during such investigations to matters relafing to this Agreement, and such visits sl�all be co�iducted in a mannex that will not be disiuptive to Ci#y ope��ations orc inteaxupt empioyees' work time, Work haurs shail not be used by emp�oyees ar tIie Union for#he pramotion of Union affairs ofhe�•than as stated above, I1 ARTICLE 7—MANAGEMENT RIGHTS 7.1 Management Ri h�ts. The City rese�ves the right to manage its affai��s in accoi•d with its law�ul mandate, and retains ali management powers and authai�ity�ecognized by law and not speciftcaIly abridged, delegated or modified by the tei•ms of this Agreem�n#, 7.2 Exam les of Mana ement Ri hts. The Cit 's sole and exclusive ri hts include 'I � �. Y � � but a�•e not�imzted to, fhe��ights to: 7.2.1 Plan, direct and canfrol aIl opei•ation� and services of the City; 7.2.2 Establis�the mission, budget, sti�ategic directian,service levels, staffing Ievels and resou�•ce�•equirements for all operations and services; 7.2,3 Develop, inferpret, amend and enforce reasanable written policies, procedures, rules or regulations govei�ning the workplace, including those d�scrib�d in the City's Adrninistrative Palicies and Pxocedures, as amended fiom time to fiime, provided t�at such policies,p�•ocedui•es,rules and regulations do not eonflict with the provisions of this Agreert�ent, 7.2.4 Dete��nine the methods, means, o��ganization and number of personnel by which such ope�•ations and services shall be made or purchased; 7.2.5 Supetvise,transfer,promote and direc�err�playees; 7.2.6 Plan and implement any�•eductions in force, including the detezxnination of the�•eason for any reduction in force and the identification af the specific position{s) or job classi�cations affected by a�•eduction in force; 12 7,2.7 Assign wozk, schedule the hours o�wo��k, aIte�•wo��k schedules, and assign or change vvork Iocations, subject to Article 10; 7,2.8 Aufhorize overtime; 7.29 Establish the duties and��esponsibilities of po�itions and employees, inoluding the development a�d alteration of classi�cation and job descriptions; '1.2,10 Establish and implement policies and proceduxes for evaluating the perfo�•mance o�employees; 7.2.1� Determin�all lev�ls of staffing, including the number of employees and other personnel fo be as�igned to duty at any time; 7.2.I2 Recruit,hire and pramote emplayees into positions based on standards established by the City; '7,2,13 Determine whether duties,tasks,or serviees should be perfo��ned by nonyunit personnel, in.cluding athe�em}�loyees, valuntee��s, Departrnent of Laboi�and Inc�ustries' workers, interns or tl�ird party contractors, Howevez, if the City's proposed use o#'the above would reduce the number of authorized full time positions in eac1� classifcatzon in the bargaining unit as of June 1, 20D6, the pa��fies agree to abide by RC� �}I.56; 7,2.1� Discipline ox discharge�robationa�y employees as it dee�ns appropriate, and to discipline or discharge employees who k�ave complefed p��obation far cause as set forth in A��ticle 8,3; 13 7.2.15 Peifortn all other functions not expressly limited by this Agreement. 7,3 Bar a�g Obli ag ti°n, Except as pravided by this A�•ticle, the parties acknourledge their obligation to ba�•gain i•egarding matters affecting wag�s,hou��s and working conditions, ART�CLE 8—PRUBATION AND DISC�PLTNE $.1 All new ernployees will be required to serve a p��obationary period o�six(6} months fiom the date af hire. The probationary period may Ue extended up to six (6}manths at the City's discretion, The City may dischat•ge a probationary employee at its sole discretion and without just cause upon w�.•itten notice to the employee and the Union, Employe�s ser�ing t�eir probationazy period sha11 have no access to the Settlement o�'Disputes p�•acedu��e in Ai�ticle � above. Employees shall accrue sick and vacation leave benefits undei this Agreement dui•ing their probationary pe��iad, but shall nat be entitled to use vacation benefits until they have successfully campleted their probationary period, � $.2 Proma#ion Probation. It i�the policy of t�� City to advez�tise pasitio:n openings. Qualifzed employees may apply for vacant City positions that zepzesent a p��omo�ional oppartunity for a cu�•rent employee. All employees�•eceiving a promotional appointinent will se�ve a six(6}month p�•obation. The p�•obation may be extended an additional six months at the City's discretion. During fhe p�•oUationary pei•iod, an employee may�•evert to hislher previously held position if the pasition is vacanf or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the pasition. If the City detei�rnines that an 14 � i ` i employee is not succeeding in hislhe��new position, the employee may also revert to the employee's p��eviously held positian if the position is vacant, o�•filled by a temporat�y or casual employee,and the employee still msets the mi�imum qualifcations for tlie position. If the position is not vacant or the employee no Ionger meets the minimum qualifications,the employee will be tezminafed and available for recall under A�•ticle 5.3. The City's detei7nination that an emplayee has not succeeded in a position during this probationa��y period may not be challenged tiu•ough the g�•ievance p�•ocedure. Nathing in tk�is A��ticle is intended to affect the City's right to discha��ge o�otherwise discipline a pi•abationary empla�ee for misconduct. 8.3 Discitoline. The City has the right to rept�imand, suspend, demate o�•terminate nonprobationary employees for just cause. �or purposes of this Agreement,the paz�ties ag��e�that jusfi cause means a legitimate and xeasonable�•eason for discipline, Discipline generally will be progressive,however, serious misconduct may be grounds for immediate termination. Tke de�ei�mination a�whether circumstances warrant itnmedia#e suspension or termination shall be made by the Ci#y. 8.4 Notice and A�peal Rights. The Cit�wiIl advise employees that they have the right to request union��epresentation during an investigatory interview with the City in which ihey a�•e the subject of alleged misconduct that may result in disciplinary action. Employees shall ha�e fhe right to a Loudermill hearing if tk�e proposed discipline involves a demotion, suspension or termination. Ert�ployees who have been demofed, suspended or tei•tninated have the right to appeai such actions through the Settlement of Dispute procedtxre if they submit their grievance in writing to the C�ief Human Resources Officer within ten{10) tivorking days o�the date the discipline was issued. Oral reprimands are not subject to the Sett�ement of Dispute 15 pzocedure, Written reprirt�ands can only be processed tluough Step 2 af the Settlement of Dispute pi•ocedurs, and rnay nat be taken ta a��bitration. ARTICL� 9—V{�AGES 9.1 Salaiv Matrix. A schedule of all job classifications and their salary ranges are set fa��th in the Appendix A to this Agre�ment. As set forth in Ax�ticle 9.3, the City zetains the discretion to g��ant or deny an increase Uased upon an employee's pe�•�o��mance, as dete:rmined by the City. The Sala��y Matzi�for positions covered by this Agreement may be amended from fime fo time by mutual agreement of both pai�ies The increases to the pay grades of the City wi11 be as follows: Baginning on f-1-2013 or the date both pai�ties have ratifed the cont�act whichever is later,the maximum pay in each gi•ade will be increased�y 3,�%. Beginr�ing 1-1-2014,the maximum pay in each grad�will be increased by 3,0%, Beginning 1-1-2015,the maximum pay in aach grada will be increased by 3.0%. 9.2 Initial Salarv. An empioyee vvill typically be hired at the bottom ofth�Grade assigned to the job classification they have been appointed into wzthin the City's Salary Mat��ix. At the City's discretion, employees may be k�ired at a salarq level higher than t�.e bottam of the pay G��ada in the Sala��y Matri�. � 9.3 Pay Increase. Annually on t�e first day Following the employee's anniversary date, �he emplayee's monthly salary may be increased within the pay g�•ada af the position, by a minimum of zeto to a maximurn of four percent, dependent upon#he employee's performance as 16 dete��mined by the City . Management acknowtedges the impo�•tance of eval�ating emplayees in a timely rnanner and wiil implement p��ograms to ensure er�ployee evaluations are norma�l� completed within 30 days of the anniversary date. 9.4 Within ten business days af receiving his�he�•annual performance evaluation and notice of pay increase, if any, the employee may pravide infor�nation to their depai�merzt directo�� ta be considered in reviewing the amount of increase fo be awarded. The directoi will��espflz�d to the employee within five business days, If, after considei�ing the e�nployee's request, no change in the initial deternmination of pay inc��ease is made, t��e employee may, within five business days o£zeceivrng the departmei�t directoi•'s response, request Human Resau�•ces ta��eview the infoi•rnation pro�ided to tha director. Human Resources wiii provide a response to the emplayee within fve business days. The City re�ains tk�e so�e xight fo dete�•mine the amount of tl�e percen� increase, An employee's annive�•sary date is defined as their date o�hire or mosfi xecent date of reclassification as adjusted with Leave af Absence Without Pay as defined by City Policy 200.530, Miscellaneous Leaves. If the employee's annual perfo��mance evaluation indicates below-satisfacto��y performance as determined by the City,�he empioyee may not be increased in pay. The City rt�ay�•eevaluate the non-increased employee after 180 days, and if a non-increased employee's per�onx�ance is satisfacto�y at the end of that review periad,the City tnay inc�•ease the emplayee's monthly base pay witnin the Saiary Mat�•ix. If a non-inc��eased employee's pei•fo�•mance�•emain�beiaw satisfac�ory at fhe end of the 180 day period as determined by the City, the employee wz11 zemain at their current pay rate until their next regular twelve (12}manth pe�•fo��mance evaluation. The City shall have the exch�szve��zght to e�aluate an employee's 17 perfoi�nance, and such perfo�•mance evaluatians anci the percentage amount of pay increase provic�ed,i�any, will nat 6e sl�bject to the Settlement of Dispu#es pxocedu�•e set foi�tlz in Artic�e 4, 9.5 Overtime, Permanent�ivurly etnplayees shall b� corr�pensated at time and one- half(1-1l2) the employee's haurly rate o�pay for all work performed in�xces� of forty(40) hours in any workweek. AII ovez�time must be pre-approved in writing by tha Employee's Supervisor excepf in eme��gency situations, in whickz case the ovez�tirne must be appraved in x�.�iting as soon as��easonably possible. Employees will not be allowed to receive more thar�on� ave��time rate or pre�nium pay for the same ho�ars workec�. 9.b Exempt Personnel. Each exempt employee shall be credited with foz�ty l�ours of administ�ative Ieave at the beginning eacli caiendar year. Employees hired after January 1 of a yea�•shaii receive a proi�ated amount o�such leave Accrued Administrative Leave must be used in the year in which it is acc�ued and is not eligible for cash-out. 9.7 Social Security Substitute PIa�. The City�as chosen not to opt into the fedezal Social Security System for eligible employees who were otherwise covered by a qualified retirement systetn, Tr�stead,the City participates in a 401A social security substitute plan. The City will make bene�'it can#ributia:ns as pxavided fo:r in Cit�Re�olution 03-020 as may be amended from time fo tirr�e. 9.8 Pension, The City and Employees shall partici�ate in the Washingfan Publfc Employees' Retirement System as set forth in RCW 4i.44. 9.9 Dual Grade Positions. When a pasition is established by the City having two oa more pay grades, the initial piacement of an emplayee into a grade wi11 determine the grade they IS i wi�l zemain in except by the p�•omot�on or i•eciassification of the employee to a positian having a higher pay�rade. ARTICLE 10—HOURS OF WORK 10.1 Work�cheduleslShifts. The standard workweek fvr purpases of camputing ove�time for hourly employees shall begin at 12:01 a.rn. Monday and s�all conclude Sunday at 12:00 midnight. The City may assign appropriate wo��k schedules and shifts. The City may alter work schedules and shifts with seven days advance natice to the employee (tl�e City retains the right to make temporary modif cations to the scheduies of emplayees without no�ice ta meet Department and City needs). 10.1,1 Com�resse�.Work Schedules. Wi#h f�e City Managei'� app�•ova�, empioyees may be allowed to woxk compzessed work schedules using alternative work weeks, The alternative work week will dete�7nine the co�nputation of hours wo�•ked, tlie Iength of the meal period as well as the computation of ovei�ti�ne co�npensation. Tiie City retains t��e right to end tl�e compressed work schedule of an employee or group of employees at any time, Campressed work schedules shall not interfere with the City's ability to pro�vzde se�vzce#o et�stomers nor shall they cause a budgetary impact. 'The denial o�• ending a�a�•equested compressed work schedule is not subject to the settlement o£disp��tes article set fo�•th in this agreement. 19 10.2 Work Dav, The nortnal working hours for full-time emplayees are eight hours, from 8;00 am to 5:00 pm Monday through Friday, with an unpaid one hour lunch period. Tk�e City zetains the right to schedute or require employees to rettt��to wox�k outside these houi�s and days to meet Depai�ttnent and City r�eeds. ' 10.2.1 Return to Work. Employees may be required to respand during off-duty fimes to�•eturn to work when opera.tionaI needs of the City require them to do so. 10.2.2 Employees notified af an anticipated need for them to��eturn to woi�k will provide the City a current contact phone numbe�� and be ready, willing and able ta�•eturn to woi•k as soon as possible(i.e. 30 ta 45 minutes), 10.2.3 Emplayees will be pafd at their noa�mal xate af pay after arriving at#he designated work site and beginning to perform the duties required. If the response causes an ho�rIy employee to exceed 40 hours of actuai work in their assigned workweek, overtime compensatian wili apply. Employees required ta pl�ysica�ly retu��n to woxk will be allawed to work a minimum of two hoius. If the arnount of work that required the employee to respond fakes Iess than two l�au�s fo complete, employees may choose not to wo��k the entire two hours, Employees will only be paid for the hou��s they actually worked. If the employee is able to complefe the work fiam home they will only be paid�ox time they actually woi�ke�. 1.0.3 Depat�tment Di�•ectors also have fhe discretion ta grant an employee's zequest to adjust hislher haurs of work so that the employee begins hisl��e�•wot�k schedule up to an hour ea�•liei or late�•than t�e noi•mal $.00 am stax�tin€g time and completes hislher work day up to an hou�•ea�•lier or late�•than 5:00 pm, �o��a tofal of not less than eight j�ours of wo��k. In exercising this discretion, Depai�me�t Directors may consider a number of factors, whicl�may include the 20 - i employee's preference, custom�r needs and the Czty's ability to best se��ve the public. The Depart�ent Directo��'s decision to grant or deny a reque�t to modify the work ho�rs as set forth in this sectzon is not subject to the Set�lement of Dis�utes procedure. 10.4 Mea�and Rest Periods, Employees will receive one hour off, without pay, e�cept as provided in I0.1.lfor a meal dueing any shift lasting langer#han five (5)hours, Meal periods shall be scheduled by the supe�•viso�•in light of a number of factors, which may include the employee'�pzefe�•ence, customer needs and the City's ability to best seive the p�blic. Mea1 periods may not be banked for late a�7�ival or early depa;•ture from work, 10,5 Rest Periods. Err�ployees shall t�eceive a�fteen(15)minute paid rest period for each four (4) hou��s worked, Employees need not be given a scheduled rest pe��iod when the nat�u•e o�the work allows intermittent rest periods that totai f fteen minutes during each fou�� hours of work. Intermittent is de�ned as int�rvals of shart duration in w�ich employees are allowed fo relax and rest, ox a b�•ief inactivity from work or exer�ion such as the time spent on a pe��sonal phone ca11, ai•taking a smoking b�•eak. Such rest time shail totai fifteen minutes per four hoiu•s of work, Rest breaks may not be skipped and banked to be used�or late a��zival o�• eariy depa��ture fi•om work or fo�•purposes af i•eceiving ove�•time. ARTICL� 11--GENERAL PROVISIONS 1 l..l No Disc�°i�nination. The City and the Union mutualiy agre�tha�there should be no unlawfizl discrimina.tion against any Employee or applicant for employment because of age, race, creed, color, s�x, sexual a��ientation, uatio�nal ox•igin,me�tal o�•physical disabilzty,marztal 21 status,honorably discharged vete�an or military status,use of a trained dog guide or s�rvice animal by a person with a disability oi�Union activity. AlI�•eferences�o Employees in this Agt�eement designate both sexes. 11.2 Rules. The Cify�•easonably expects its employees to meet high standards of performance to ensuze#he City p�•avides q�ality public se�vice. The Union��ecognizes tF�e City's inhe�•ent and traditional right#o establish reasonable wo��k�ules, and i•equire their observance. Copies o�'any new rules or amendments fo e�isting r�ales sha11 be pravided to the Union 14 days prioz to theii�implementa�ion except in eme�•gency circumstances. 11.3 New and Tertninated Em Io ees. The City agrees to notify t�ie Union at the end of each calendar quarte�•if new elig�ble bargaining�nit err�playees are hired o�te�minated during that quarter. Such listing sha11 contain the names o�the employees, along with their job elassifcations, and work locatians, 1 L� Labor Mana�emen�Meetin�. It is rnufually agreed that the negotiating committee fo��Local 270-V and the negotiating committee for#he City shall conduct�•egula�• laboi/�nanagement meetings for the�u�pose of resolving problems that may arise. Safety items shalI be included as eligible topics for discusszon in labor]management meetings. Meetings shall be conducted quai�terly, but they may be scheduled more or Iess often by mut�al ag��eement. ARTrCLE 12—HEALTH AND WELL-BEiNG 12.1 Insurance Plan, Fo�•the dt�zafion of this Agreement,�he City shall rnake available an insurance program affexed fh�•ough the Assaciation of Was�ington Cities ox other pro�ider 22 consistent with articla 12,4, or in confor�nity with s�ate and/or�ec�e�•al Iaw,to regulai�full-time . and regula��pa��t-time employees and theii•eligible spouses/dependents, including med'zca1, dental, vision, a�d employee Iong-term disability insurance coverage. This insurance program includes the following plans as they cua�•ently exist or as may be amended from time to time. 12,1,1 Medical Insurance, Employees may choose �etween the follawing medical plar�s: AWC HealthFirst 250, with Health Reimb�rsement Aii•angement Account(HRA), a�•AWC Group Health Cooperative �20 Copay Plan, with Health Reimbtusement A��rangement Account {HRA) as may be amended from tirne to time, The City shal�pay up to flie following base con#ribution rates far fia�l-time eligible emptoyee� based upon the cove�•age chosen by the emp�oyee: $353.55 for employee coverage . $524,70 for employee and one dependent coverage $707.65 for ernployee and spouse eoverage $566.10 for employee and two or more dependent cove�•age $878.80 fo�•empioyee and spouse and ona dependent coverage $962.27 for employee and spouse and two oz max•e dependent coverage Should the 2413 contribution�•ates as xequired by AWC o�any fi�tu��e plan provzder e�ceed the base contri�ution��afes set forth above,fhe City will pay sixty percent (6fl%) of the inerease and employee�will pay forty{40%) of the increase. On or before �ebivary 15,2013,the City will also conti�ibufe 100% af the amount of the deductible for each offered plan to t�e smployee's Heaith Reimbursement Arrangement Account 23 in the following a�nounts as determined by the plan chosen by the employee and number of persons covered: Asuris Healthfirst 25Q-Individual $250 Asuris Healthfir�t 254-Famiiy $750 Group Health$20 CaPay Plan-Individual $200 Gi•aup Health$20 CoPay Plan-Family $400 (Family zs defned as a plan cove��ing more than tl�e i��dividual employeej Should the 2014 eontribution rates as required by AWC oa an.y futu��e plan pi�o�ider exceed the base contribution rates set forth above, the City will pay sixty�ercent{50%)of the increase and employees will pay fo��ty (�Q%) �f the increase. On or before�anuary 20, 201��he City will also contribute an amount aqual to 100% of the deductible, as c�eterrmir�ed by the plan chosen by the employee and numbex af persons coverec�,to the employee's Health Reimbursement A�xangement Account through AWC. Should the 2015 contribution rates as required by AVUC or any futui•e plan provider exceed the base contribution��atss set foi�th above, the City will pay sixty percent(60%) of the increase and ernployees will pay�'orty(�#0%) of the increase. On oz before January 2Q, 2015, th� City wi11 alsa cont�•ibute an amount equai to 100%the deductible, as detei�nined by the plan chosen by the employee and numbe�� of persons covered,to the employee's Health Reimbursement A�•rangement Account th�•ough AWC, The employee's 24 share of any cont��ibution rates as set foi�th above shall be deducted one haIf each pay pe�iod from the e�n}�loyee's paycheck. 12.1,2 Re��lar Pai�t-Time Em�loyees, The Gity will contribute a pi�o-i•ata amount of th�cost of emplayee and c�ependent h�alth coverage fo��pa��-time employees based upon the number of hours wo�•ked and acco�•ding to the terms af#he provider. Such cont�ibutian shall not exceed fhe cu�•rent pro-ra#ed cant�•zUution�ate consis#ent with t�e terms of 12,1.1. 12.1,3 Dental. The City will provid�eligible full time employees and their �.ependents, if any, covered under theii•medical plan,with dental coverage through AWC Washington Dental Service Plan B, as may be amended from time to time. 12.1.4 Vision Insurance, The City will pi�ovide eligible full time employees and their dependents, if any, cove�ed under their madical plan with vision insurance through the A�VC Vision Serviee Plan as may be amended fiom time to time. 12.1,5 Long-Term Disabilitv Insu��ance. The City wi11 pravide Iong-term disability insurance for eligible full time employees th�•ough the AWC S#andard Insu:rance Long Tez�n Disability Option 1, as map be amended fi•om time to time, l 2.2 Li£e Ins�x��ance. The City will pravic�e a life insurance benefit equal to one-times the emplayee's annual salaty for all reg�lar full time employees. 12.3 Emplavee Assistance Pxo�The City wfll participate in an Empioyee Assistance Program(EAP) in order to provide con�dential assistance to employe�s on family, wo��k,personal or substance abuse issues. EAP assistance may be initiated bp eztY�e�the employee ox the employer. 25 12.4 Cost Containment, Tn the inte�•est of cantaining casts,the Gity may el�ct different insui�ance carriers and adopt diffexeuf insut�ance plans than tlaose currently desc��ibed in Ax�fiicle 12.1, The Union shal�be ad�ised of these changes and must reqe�esf bargaining of those changes within five days of receiving notice or sha11 be deemed#o have consented to flie changes, 12,5 Health Reimbursement Arran�ement Accounts..(HRA�, The City will establish Healtli Reimbursement accounts for each regular employee. These accounts may be used by tHe individual employee for rnedical expenses as detennined by�he plan�•equi�ements and the amount cont��ibuted by the Cit�will be determined by this Article. These plans will l�e designed such that at the end o#'emp�oyment with the Ci#y, emplayees inay continue to use tl�e remaining balance of their HRA post-e�nployment for qua�ified m�dicai�xpenses as c�efined by the plan, Once an emplay�e Ieaves employment with the City, the City wi11 not contribute to t�e formez emplayee's HRA and alI expenses, administrative and otheF�vise, foi•maintenanca of the account will be the responsihility of tha foi�ner emp�oyee, 12.6 Changes to Insurance Pians, Tn the event that t�e health plan providars cause changes to the benefits included in the heaith insu:rance plan�specified in this Aa�icle du�•ing the te��m of this Agreemenf,the City wiil no�ify#he Union of those changes. ARTICLE 13—SICK LEAVE 13,1. Sick Leave Accruai. Full-time empioyees shall accrue sick leave at th�rate of eight(S) ha�rs fa�•each completed calenda�•month of active seivice;provided that an employee does not have mare#han ten(i0) days leave without pay in that�nonth. Pai�t-time employees shall acci�ae sick leave on a p�orated�asis. 2{ 13,2 Use o�Acc�ued �ick Leave. Employees' accrued sick leave balances wili be cha��ged for the actual time af any sick leave used. Accrued sick leave may be used anly fo�•the employee's own i�lness or inju�y, far preventative ca�•e or as authorized by RCW�9,12.270 and the Washington�'amiiy Care Rules, �VAC Chapter 296-130 as may be ame�ided fi�om time to t��ne. The City shall have the right to send an�rnployee home and��equire the use of acciued sick leave if it reasonably believes the emplayee is unfit for duty or#he empioyee's illness or inju�y prevents propex pez�ozmance o�the job andloz unreasonably exposes other ernployees ta illness. The City skall also have the i•ight ta�•equire an employee to u�de�•go a�'itness-for-duty examination before returning to work. � 13,3 Sick Leave Verification. Employees must notify their supe�visoz as soon as reasonably possible when they will be absent due to illness or inj�iry. The City may require a w�•itten medical certificate for absences of#1u•ee(3) or mo�e consecutive days, whei�e excessive absenteeism o�•tardinass occurs, or where#hei•e is��eason to suspect sick leave abuse. Abuse of sick leave o�•excessive absenteeism o�•tardiness may be grounds fo��disciplinary a.ction, up to and including te��rnination. An employee returning ta work aftet•a sick leave absence of th���e {3) o��mor�consecutive days may be required to provide written cei�ification fi�om his or her health care provider that the employee is able to zetuam to work and p���fo��n�he e�sential functions of the3ob wi�h o��without reasonable accommodation. 13.� Annual Sick Leave Carrv-forwazd a�zd Cash-out. Acc�•ued sick leave may be cai•ried forwa�•d at year end,provided that no employee may accrue mo�e than seven hundred twenty(720)tofal hau�•s of sick�eave, After an emplayee has acc�•ued 720 hours of sick leave, the employee may con�vea�up to ninety six(96}hours of sick leave to cash. Fa�•purposes of converting sick ieave to cash, each hour of acc��ued sick leave shall be paid out by valuing the 27 sa.me as 25%of the employee's regular wage. For example, 9b liours of sick leave may be conve��ted ta 2� k�ours of��egular pay. Arny payout will be incl��ded in tl�e last pay period of the year. ARTICLE 14--ADDITIONAL REASONS FOR LEAVE 14.1 Famil;v Medical Leave. Employees shall recei�ve family medical, disability, exigency/care £or a se�vice membe� o:r p��egnancy leave as zequired by state and�ederal law. Employees must use any accr�ed and available paid leave as part of#heii•Family Medical Leave, except as otherwise authorized by the City Manage��. 4nce alI available�aid leave has been ex�austed, any remaining periad of Fa�nily Medical Leave shall be wit�out pay. Accilied paid leave is available under this section if its use is permitted for the type of absence£oz w�ich the emplayee has taken Family Medical Leave. i4,2 Leave Without Pav. At the City's sole discretion, t�e City may gi�ant a leave without pay. Such Ieave shall nat extend beyond 26 weeks, unless requii•ed by law. 14,3 Bereavement Leave, An employee may use up to thi�ee days of accrued sick leave as bereavement leave in the case o�a death to a member a�the employee's immediata famity, The Deputy City Manager may g��ant employees the ability to use up to two additio�.al days a� accrued sick leave o��Leave Witliout Pay for this puipose in extenuating ci�cumstances. Im�nedia�e family shall be defined as spouse, mother, father, mother-in-law, father-in-Iaw, children, siste�•, brather, daughte��-in-Iaw, son-in-law, sister-in-law, brother-in-law, grandparen#s and grandchildren. Bereavernent leave is to be used to arrange for and/or attend fune�•al acfiivities. 28 14.4 Jurv and Witiiess Leave. Employees subpoenaed#o appear for jury se�vice or as a witness in a court proceeding unless the employee is the moving party in an action against the City, wiil receive pay at thei�•regular��ate o�pay for wozk hau�s missed because of t�ieir required sei�vice, Employees must natify tkzeir supe�visors upon receipt of a subpoena foa j���y or witness duty, keep#hei�•supe�visors apprised of the schedule for tl�eir j�ry or witness duties, and zepo�t ta wozk when the co�irt schedule permifs, The City may require docu�nentatian co��ir�ning the pa��ticipation as a juiai�. Ar�y com�ensation paid to an empioyee fa�jury or witness service, other than reimbursement for expenses,must be paid to th� City, 14.5 Militar, L�. Employees shall ba entitled to milifa�y leave in accorc�ance with state and federal law. Unless pzahibited by military necessity, employees rn�st p�ovide the City with a copy of theiz orders at the time they request military 1ea�e. Requests foi•military leave shall be made as soon as reasonably practical after the employee Iearns of the need for such Ieave, 14.6 Donated Leave. Where an employee has exhausted his/her ieave banks and the City detennines that a cafast�•op�ia health situation exists,the Ci�y will implerne�t a dona�ed leave policy. The City will dete�•�nine the terms of the�olicy based��pon the�ircumstances t�at exist at the time, however, employeas shall be entitied to donate up to twenty percen�of their qualifying leave banks as long as tl�e othea te�•ms and conditions o�tl�e policy are met, 29 ARTICLE 15—VACATION LEAVE I 5.1 Vacation Accilial. �'uli-time empioyees shall accrue vacatio�at th�rates s�t forth belaw. PaY�t-time employees shall a.cct�ue vacation on a prorated basis. During Yea�•s of Continuous Em�loyment Monthlv Accrual Rate Date of Hire thraug�i 5 years 8 hours per month 6 througl�9 years 10 hou��s pe�•month 10 or mare years �2 hou��s pex�month One hal�of the monthly accrued vacation hou��s shall be credited on the last day of each pay period. Employees who are in unpaid status for more than ten(�0) woi•king days in a month will not accrue vacation leave durzng t�iat monfih. Nothing in this A��tzcle o�Agreement Iimits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in i•ecog�iition of their previous experience as par�t of an offer of employm�nt, ar to provide greater benefits#han provided in this Agreement. 15.2 Maxim�m Vacation Accrual, Employees may acerue vacation up to a maximum of tiu•ee hluid��ed sixty (3�0)hours, 15,3 Use and Schedulin�of Vacation. Vacation leava must ba schadulad with the advance approvai of the empiayee's supervisor based upon the neecis o�tl�e depa�finent. 30 ill I At their e�ection, employ�es may�.ise vacation in place of or in addition to sick leave for any of tke purposes desa�•ibed in Sec#ion 13.2. Employees using vacation.£ox this pu��ose are expected to pX•avide their supeivisoi�notice of their absence as described in Section 13,3. Employees' accrued vacation balances wi11 be chargec��'or the actual ti�ne af any vacation used, 15.4 Cash-out of Vacation, Employ�es wi�l be paid for their accrued but unused vacation upon their termination af employment with the Czty at the��egula��x�ate of pay in effect as o�the date of tet�rnination. ARTICLE 16--HOLIDAYS Paid Holidavs. The following days are paid holidays fo�•all x�egular full and pa��-time employees; New Year's Day January 1 Mat�tin Luther King Day 3r Manday in January - President's Day 3` Manday in�'ebr�ary Memorial Day Last Monday of May Independence Day July 4 Labor Day 1S`Monday of September Veteran's Day Novembei� I 1 Thanksgi�ing Day 9�t Thursday of Novembe�• Day afte�•Thanksgiving Clu�istmas Day December 25 31 . When a holiday falls on a�aturday,the precedi�g Friday will be the holiday. When a holiday falls on a Sunday, the fallowing Monday will be the��oliday. 16,1 Holidav PaX. Eligible full-#ime emplayees will receive eig���(S)hours of pay at tlieir st�•azght�time rate for each holiday. Part-time employees will receive holiday pay on a pi•orated basis. 1 b,2 EIi z�v�or Haliday Pa�. Employees are eligible for holiday pay if they are in paid status on their��egular, �cheduled work day preceding the holiday and the day immediately �ollowing the holiday. 1 b.3 Hours Worked on a Hoiidav. Employses required to work an a haiiday wili receive straight time for all houx•s worked an that day. They sliall alsa�•eceive haliday pap oz another day off du��ing fhe mont�in wl�ich the holiday was celebratec�, with the advance approvai o�t�e employee's supe�visor, or the employee shall receive holiday pay��ather than the equivalent time off, Ib.4 Holidav Observance. When a holiday falls within a peziod o�paid leave,�l�e holiday shall not be cour�ted as a leave day in computing the amaunt of leave debited, ARTICLE l.7--DRUG TESTZNG 17.1 The Cify map xequire an employee to have a diug or alcohol test whei�e there is a reasonable suspicion that an employee is impaired or ur�der the influence of alcohol or drugs while on duty, foilowing an accidei�t or incident involving the empioyee,upon return to work 32 fi•om a protracted Ieave af absence, in conjunction with a D.O,T, or other regula�•�y schedulsd physical �xaminations, or pu�suant to applicabie law or�•egulation. ' , 17.2 Where the City eiec#s to perfo�•m a drug or alcohol#est as set fo��h in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a posi�ive test P�SU��, tnay resuit in termination or othei'd1SCEp11ric�TY�Ct1OIi a5 C�B�BTT]]1ri�C���tI18 Cft�', subjeet ta the gri�vance procedure, ARTICLE 18—LOCT�OUTS 18,1 Lockouts. No lockout of employees shall be institut�d by the City during#he tei�n of this Agreement. 1$,2 Na Strikes, The Union and em�loyees ag�•ee that#here shall be no st�•ikes, slowdowns, o�stoppage o�woxk. Any employee who vialates this provision may be s�bject to disciplinary action, up to and including termination. ARTICLE 19—SAVING CLAU�SE It is the intention o�the pa��ties h�reto ta comply wifh all ap�licable provisions of the �tate or Fedei�al law, an� they believe thafi each anci eve�y part of t�is Agree�nent is lawfi�l. Ali provisions of this Agreement shali be complied with,unless any o£suah provisions shall be decIai•ed invalid or inoperative by a Court of final jurisdietion. In such event, eithe�•pat�y may i•equest xenegotiation o�such invalid p�•ovisions fo�•the purpose of ac�equate and lawful replacement thereof;provided, howevex•,that such findings shaii hav�no effect whatsoever an the balance of this Agi•eement. 33 SIGNED AND DATED THIS DAY �F , 2012. FOR THE CITY: FOR THE UNION: City Manage�• President City Clezk Vice P�•eszdent Ap��•oved as to Form: Dean Ve�•ci�uysse, �taff Representative City Attorney 34 Ap�endix A II EMPE.OYEE P�5ITION CLASSIFfCA710N NIDN7HLY SALARY SCHEDUL� _ ._ .. . , 2013 Salary Sched�le �ffecti�e 4I7I2013 . . Posiflon'�it[e Grade 2013 Ftan e Ci Mana er Unc�assified De u Ci Mana er 21-22 8,888.29 -� '[3 Q40.92 C� Aftorna 21 8,888.39 :-: 14,736.93 Communi Develo menkDirector 2i 8,888.39 '-' 1'�,735.93 FinanceDirecfor 21 8,888.39 [-' 11,738.93 PubllcWorks Director 21 8,888.39 ;-' 11,736.93 Parks and�2ecreation Dlrectar 19 7 199.37 '-'; 9,507.7'i Human Resources Mana er 18 6,480.26 ;-'. 8,556.51 Piann] Mar�a er 98 6,48D,26 :-' 8,556.51 Buikli 0€ficial 98 6,48D.26 :- 8,556.51 5enior� ineer-Ca ital�ro°ecfs,Develo ment 98 6,48d.2& ;-: 8,556.51 De Ci Aftorrre 98 6,480.2& :- 8,556.51 SeniorE Ineer-Traffic,CIPPIanni /Grar�is 97 5,837.91 :-: 7,7Q0.54 Accounti Mana er 17 5,839.91 :- 7,700.54 Ci Clerk 96 5 248.20 ;-:' 8,930.05 E lneer 16 5,248.20 :-: 6,930.05 SeniorP[ans�xaminer 16 5,248.20 -' S,930.05 Pub9iCWorksSu erintendent �6 5,248,2Q :-' 6,930.05 5enforAdmfnistrative Ana f 'f 6 5 248,20 :-' 6,930.05 SenforPlanr�r '[B &248.2D - 6,930.05 Deve€o merot 5ervices Coordinator 16 5,2�8.2D : 6 930.05 AssoclaEe Pfanrrer 15 4,724.02 :-�; 6,237.�47 Centerplace Caardinator T5 4 724.02 '-: 6,237.47 Assistanf� ineer 15 4,724.02 '-' 6,237.47 ITS ec€alist 15 4,724.02 -' B,237.47 � ir�:erf Tachnic€an II 15 4,724.02 :-; 6,237.47 G[SlDatabasa Administrafor 15 �4,724.02 '-' 6,237.47 H�man Resaurce Ana t 14 h,251.88 ;-; S 514.16 Accoun�anfBud et Ana k 14 4,251.88 ;-� 5,614.16 Adm[nistrati+re Ana t 14 4,251.88 :-' 5,B14.16 Planr�r '14 4,251.88 -: 5,514.1& Bui�di Ins ecEorll 94 4,251.8B :-: 5,614.18 Plar��xaminer 94 4,251.88 -: 5,614.16 Poblic Information Of�cer '14 4 281.86 :-' S,614.18 E ineeri Technician I 94 g,251.88 :-: b 614.1 B SenlorAermitS acla]IsE 94 �,251.SB :-; 5,61�.18 �Iainte�ancelConsiructlonlns ector T3-14 3,826.36 - 5,61�.98 RecreaUon Coordinafor 13-14 3,826.36 ;-; 5,61�.18 CustomerRelaUonslFacilitiesCoordlnafor 93 3,826.38 :-: 5,052.53 Cada Enforcer�tent 4�icar 13 3,826.38 ;- 5,052.53 Buifdi lns ectar I 13 3,826.38 :-; 5,052.53 Planni Techniclan 13 3,826.38 ;-: 5,052.53 De u CI CEark 12-�E3 3,445,00 :-: 5,052.53 Sen4orCsnlerS ecialisk 12-'[3 3�}45A0 :- 5,052.53 Human Resflurces Techniclan 12-13 3,445.00 ;-i 5,052.53 Permit Facilitator 12 3,445.00 ; ' 4,547.17 Adminis�rative Assistant 11-12 3,�99.55 -; �4,547.17 permffS eciaflst 14-12 3,099,55 -: h,5h7.i7 Accounti Tachniclan 1 T-12 3 099.55 :-: 4,547.i 7 MaintenanceWorker 11-12 3,099.55 `-: 4547.17 Office Asslstant II 1 Q-11 2,789,43 �- 4,092.66 Cuslodian 'f0 2,789.43 '-? 3,682.54 Qifice Assistant 1 9-i 0 2,510.78 :-` 3,682.54 �5 �I