HomeMy WebLinkAboutInternational Union of Operating Engineers (IUOE) Local 280 - Collective Bargaining Agreement 2008 - 2010 h
Collective Bargaining Agreement
between
City of Pasco
J
and
International Union of Operating Engineers, Local 280
representing
Code Enforcement Officers and Permit Technicians
111108 — 12/31110
t
COLLECTIVE BARGAINING AGREEMENT
CITY OF PASCO/Iji OE, LOCAL 280
CODE E\TFORCEMENT/PERMIT TECHNICIANS
TABLE OF CONTENTS
Preamble I
Article I—Recognition I
Article 2—Term and Scope of Agreement 1
2.1—Term 1
2.2—Severabilitr 2
2.3—Supersedes Municipal Code/Administrative Policies 2
2.4—Supervisory Employees 2
Article 3—Union Membership 2
3.1—Union Securitv 2
3.2—Statement.of Meaning 2
3.3—Dues 2
Article 4—Union Business 3
4.1—Negotiating Committee 3
4.2—Bulletin Board Posting 3
4.3—Union Business Agent 3
4.4—Union Steward 3
Article 5—Management.Rights 3
5.1—Reservation of Rights 3
5.2—Delineation 3
Article 6—Non-Discrimination 4
Article 7—Employ=ee Responsibility/Rights 5
7.l—Employee Responsibility 5
7.2—Just Cause 5
7.3—Progressive Discipline 5
7.4—Termination/Discharge 5
7.5—Appeal to the Grievance Procedure 6
7.6—Confidentiality 6
Article 8—Grievance Procedure 6
81—Purpose 6
8.2—Scope 6
CHA:Pasco&lUOE.Local 280(CEO&PTs)
2002—201.0 Table of Contents
Table of Contents
8.3—Retaliation.Prohibited 6
8.4—Procedure 6
8.4.1—Step One. Grievance to Inspection Services Manager 7
8.4.2—Step Two.Written Grievance to Department.Director 7
8.4.3—Step Three. Grievance Appeal 7
8.5—Special Provisions 8
Article 9—Hours of Work 8
9.1—Breaks 8
9.2—Work Schedules 8
9.3—Hours of Work 8
9.4—Meal Period 8
9.5—Work Week//Pay Period 9
9.6—Irregular Shifts and Work Weeks 9
9.7—Work Assignments 9
Article 10—Sick Leave 9
10.1—Scope/Conditions 9
10.2—Illness in Family 9
10.3—Doctor and Dentist Appoi ri tments 10
1.0.4—Fraudulent Use of Sick Leave 10
10.5—Vacation Leave Option 10
10.6—Termination 10
Article 11—Vacation 10
11.1—Accrual 10
11.2—Vacation Scheduling 10
11.3—Maximum Accrual 11
11.4—Termination from Service 11
11.5--Vacation Buy--out I1
Article. 12—Holidays 11
12.1—Official Holidays 11
12.2—Personal Holiday 11
Article 13—Other.Leaves of Absence 12
13.1—Jury Duty 12
13.2—Bereavement Leave 12
13.3—Medical Leave without Pay 12
13.4—Family Medical Leave (FAILA) 12
13.5—General Leaves of Absence 13
13.5.1—Unpaid Leave 13
CB3:Pasco&IUOE,Local 280(CEO&PTs)
200$—2010 Table of Contents
Table of Contents
13.5.2—Military Leave 13
13.53—Reinstatement 13
13.5.4—Union Office 13
Article 14—Wages and Insurance Premium Caps 13
14.1—Ww a rates/insurance premium caps 13
14.2—Step increases 13
14.3—Hire in rate 14
14.4—Overtime 14
14.5—Premiums 14
14.6—Pay periods/pay days 14
Article 15—Insurance 14
15.1--Group Medical Insurance 14
15.1.1.—Premiums 14
15.1.2—Prescription card benefit 14
15.1.3--Fellness benefit 14
152—Dental Insurance 15
15.3—Insurance Carrier 15
15.4—Group Life 15
15.5—Vision care 15
15.6—Flexible Spending Plan 15
15.7--Long-term Disability Insurance 15
Article 16—Occupational Injury/Illness 15
16.1—Eligibility for Sick Leave Benefits 15
16.2—Sick Leave,�8rithout Pav 11
Article 17 ---Training 1117
17.1—Maintenance of Certification 1.7
17.2—Tuition Reimbursement 17
Article 1.8—Lay-off 17
18.1---Lair-off 17
18.2—Employee Responsibility 17
18.3—Reinstatements 18
Article 19—Safety 18
19.1—Responsibilities 18
19.2—First Aid&CPR Training 18
19.3 -Equipment/Uniforms 18
CB A:Pasco&IUOE,Local 290(CEO&PTs)
2008—2010 Table of Contents
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COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL 280, INTERNATIONAL UNION OF OPERATING ENGINEERS/
CODE ENFORCEMENT OFFICERS &PERMIT TECHNICIANS
PREAMBLE
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "City". and Local Union #280 of the International Union of Operating Engineers,
hereinafter referred to as the "Union", which represents the bargaining unit employees within the
Inspections Services Division PERC Case 20722E-06-3192. It is the purpose of this agreement to
achieve and maintain harmonious relations between the City and the Union, to provide for equitable
and peaceful adjustment of differences, which may arise, and to establish wages, benefits and other
terms and conditions of employment.
ARTICLE 1—Recognition
The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive
representative for all the regular full time and part time employees employed within the bargaining
unit positions and job classifications listed in this Agreement. code enforcement officers and permit
technicians. The classifications recognized as bargain unit positions covered by this agreement shall be
listed in Appendix A of this agreement.
ARTICLE 2-Term and Scope of Agreement
Section 2.1 Term/Entire Agreement. This Agreement and the terms stated herein, unless otherwise
specified, shall be and hereby do become effective on the date when this agreement is executed by both
parties and shall remain in full force and effect until December 31, 2010.
Either the City or Union may request to enter into negotiations for a succeeding agreement by
notify=ing the other party in writing no earlier than 120 days prior, and no later than 90 days prior to
the expiration.
The Agreement expressed herein in writing constitutes the entire agreement between the parties and
no oral statements shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make demands and
proposals with respect to any matters deemed a proper subject for collective bargaining.
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Collectiv-e Bargaining Agreement
between the Citv of Pasco and IUOE,Local 280(Code Enforcement/Permit Technicians)
1/l/08-12/31110
Section 2.2 Severabilitv. If any provision of this agreement or the application of such provisions
should be rendered or declared invalid by court. action or by reason of any existing or subsequently
enacted legislation, the remaining parts and portions of this Agreement shall remain in full force and
effect. Any provisions declared invalid will be subject to immediate re-negotiation by the parties.
Section 2.3 Supersedes Municipal Code/Administrative Policies. It is understood and agreed that, in
accordance with the Pasco Municipal Code (PMD 2.42.544) where there is a conflict between any
provisions of this Agreement and any provisions of the code, the provisions of this Agreement shall
govern.
Section 2.4 Supervisory Enil2lovets. Management pledges that supervisory employees will not
supplant the work of the bargaining unit,buy may supplement to the extent necessary to facilitate the
effective operation of the division.
ARTICLE 3—Union Membership
Section 3.1 Union.Security. All regular full-time and part-time employees of the City, coming within
the classifications covered by this Collective bargaining Agreement, shall be required to be members in
good standing in accordance with the constitution and bylaws of the International Union of Operating
Engineers, Local 280. Each new employee shall become a member of the union or pay to the union an
amount equivalent to the collective bargaining expenditures. All new employ=ees shall become
members in good standing of the Union within thirty(30) calendar days after their initial date of hire.
Section 3.2 Statement of Meaning. The foregoing provisions shall not be construed to deny the City
the right to select any new employees, or to terminate probationary employees at any time without
recourse to the Discipline (Article 7) or Grievance Procedure (Article 8.) The terms of this agreement
shall apply to part-time employees who work twenty (20) hours a w=eek or more and for more than six
(6) consecutive months.
Section, 3.3 Dues. The City will deduct membership dues and pay to Local #280 or to its designee
from the wages of all employees covered by this bargaining agreement except under circumstances of
objections based upon bona fide religious beliefs. Deductions will be authorized in writing. The City
agrees to submit a monthly accounting of such deductions including employee names and identifying
each employee's deducted amount. Such assignment cannot be revoked w=ithin six (6) months or
before termination of this Agreement, whichever occurs first. The Union agrees to hold the City
harmless against any claims brought or issued against the City because of the operation of Article 3.
The City shall submit written notification to the Union's business representative -within twenty (20)
days of the employment, promotion out of bargaining unit or termination of any employee covered by
this Agreement.
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Collective Bargaining Agreement
between the City of Pasco and IUOE,Focal 280(Code Enforcement/Permit Technicians)
1/1/08—12!31/10
ARTICLE 4—Union Business
Except as specifically provided, no Union business shall be conducted on City time, nor utilize City
facilities, supplies or equipment.
Section 4.1 Negotiating Committee: No more than one (1) employee, which may be from either
classification. shall be granted leave from duty without loss of pay for all meetings between the City
and the Union held for the purpose of negotiating the terms of a contract, when such meetings take
place at a time during which any such members are scheduled to be on duty. The Union agrees to
cooperate with the City in scheduling of such meetings at time with the least interference with such
member's scheduled work.
Section 4.2 Bulletin Board Posting. The City shall furnish a bulleting board at the City building
where bargaining unit employees perform work for the use of the Union for posting Union
announcements and related material.
Section 4.3 Union Business Agent. The business agent of the Union shall be allowed admission to the
employer's place of business at any reasonable time during working hours for the purpose of
contacting the Union Steward or investigating conditions existing on the job, provided the agent first
notified the Human Resources Manager and/or the relevant department director, subject to the
provisions of Section 4.4.
Section 4.4 Union Steward. The Union shall have the right to set up its regular steward machinery,
but there shall be no more than one steward and one alternate per work facility. The City shall be
notified in writing of the person(s) so certified. Except for actual meetings with management to
discuss adjustment of grievances, or where special permission has been obtained from the Department
Director(or his/her designee),Union business will be conducted on breaks,lunch periods and employee
time.
ARTICLE 5—Management Rights
Section 51 Reservation of Rights. The City retains and reserves all rights, powers, responsibilities
and authority conferred upon and vested in it by the Law and Constitution of the State of Washington
and the United States.
Section 5.2 Delineation. The Union recognizes that the City is legally responsible for the operation of
the Inspection Services Division. The City has the necessary authority to discharge all of its functions
and responsibilities to include the following, subject to the laws above-mentioned and except as
specifically outlined. modified or limited by the provisions of this Agreement:
5,2.1 Establish, plan for, and direct the work force toward the organizational goals of the
City government.
5.2.2 Determine the organization,necessity and level of activity or service provided to the
public.
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Collective Bargaining Agreement
between the City of Pasco and IUdE,Local 2$0(Code Enforcement/Permit Technicians)
1/l/08-12/31/10
5.2.3 Determine the City budget and financial policies including accounting procedures.
5.2,4 Establish, regulate and administer a personnel system, which provides for all types
of personnel transactions including determining the procedures and standards for hiring,
promotion, transfer, assignment, layoff, discipline, retention and classification of positions
with due regard to fairness, objectivity,and uniform application.
5.2.5 To suspend, demote, discharge or take other appropriate disciplinary action for just.
cause.
5.2.6 Determine the methods, means, equipment, numbers and kinds of personnel and the
job or position content required to accomplish governmental operations and maintain the
efficiency and safety thereof. Provided, however, in the event the City- contemplates the
subcontracting of work normally performed by the bargaining unit:, the City's obligations
shall be to give the Union written notice at least thirty (30) days prior to the decision to
contract and to bargain with the Union over the effects and impacts on the bargaining unit
of the decision to contract out.
5.2.7 Determine and change the number and locations and types of operations, processes
and materials to be used in carrying out all City functions.
5.2.8 Assign work to employees in accordance with classifications and position
descriptions, and establish and change work schedules, except as restricted by this
Agreement.
aj�2 Relieve any employee from duty due to lack of work or insufficient funds.
5.2.10 Take all actions necessary to carry out the mission of the City in emergencies. An
emergency means any unanticipated event threaten the public health or safety.
ARTICLE 6—Non-Discrimination
Section 6.1 There shall be no discrimination against any employee because of union membership, or
non-union membership. In accordance with applicable law, the City, the Union, nor members of the
Union shall discriminate against any employee covered or not covered by this Agreement because of
race, creed, color, national origin, sex, age,religion, marital status or disability, except in the instance
where age, sex, or absence of a disability may constitute a bona fide occupational qualification under
applicable law.
The Cnion agrees to work with the City in instances of discriminatory or harassing behavior on the
part of represented employees.
Section 6.2 Whenever a male pronoun is used in this Agreement it shall be construed to include male
and female employees.
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Collective Bargaining Agreement
between the City of Pasco and IUOE,Local 280(Code Enfor"ment/Permit Technicians)
zi110g-12/31/10
ARTICLE i—Employee Responsibility/Discipline
Section .1 Em 1 :ee Responsibility. The Union agrees that its members who are employees of the
City shall individually, and collectively perform efficient work and service; that they shall avoid and
discourage waste of materials. time and manpower; that they shall use their influence and best efforts
to protect the property of the City and its 'interests and to prevent loss of tools and materials; and that
they shall cooperate with the City in promoting and advancing the welfare of the City and its ser-6ce
at all times. The Union and its members give their unequivocal pledge that they will not instigate,
support, nor condone a strike, work stoppage or slowdown against the City during the term of this
Agreement.
SectioD7,2 Just Cause. The City shall not take disciplinary action against anV employee without just.
cause. The City retains the right to discharge new employees at will during or at the end of the
probationary period and the discharge shall not be made the subject of a grievance either by the
employee or the Union.
ection 7.3 Progressive ffiscil2line. Discipline of non-probationary employees in circumstances not
warranting termination will normally follow a progressive disciplinary pattern with the objective of
correcting the problem. When deciding the degree of discipline, the City will take into consideration
the circumstances surrounding the incident(s), the severity of the offense, and the past work record
and past conduct of the employee. The City reserves the right to initiate discipline at any level
depending upon the severity of the occurrence. When meeting with a management supervisor at any
hearing where discipline is being considered, the employee shall be entitled to be accompanied by a
Union representative.
Section 7.4 Terminatign/Discharge. In the event a discharge is under consideration:
J.4.1 An employee shall be provided, in writing, with a notice of the charges and an
explanation of the evidence supporting the employee's misconduct and the severity of the
possible discipline. The employee shall be given an opportunity to respond to the charges,
before the Citv Manager,as to why the proposed discharge should not be taken.
7.4.2 The employee may have a Union representative at the pre-discharge hearing, if
requested.
7.4.3 The City's explanation of evidence at the pre-discharge hearing should be sufficient to
apprise the employee of the basis for the proposed discharge action. This rule, however,
should not be construed to limit. the City, employee or the Union at a subsequent hearing
from presenting a more detailed and complete case, including presentation of witnesses and
documents not available at the pre-discharge hearing.
7 .4 Unless otherwise agreed by the employee,a decision shall be made by the City Marimer
within fourteen (14) calendar days after the close of the pre-discharge hearing.
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Collective Bargaining Agreement
between tl.e City of Pasco and IUOE,Local 280(Code Enforcenlent/Perniit Technicians)
1/1/08-12/31/10
Section 7 5 Appeal to the Grievance Procedure. All disciplinary action tow=ard non-probationary
employees is subject to the grievance procedure. A suspension, demotion or discharge is subject to the
grievance procedure starting at Step 3,the City Manager level. Any other grievable item placed in the
employee's personnel file is subject to the grievance procedure beginning at one step higher than the
original level of disciplinary action.
Section 7.6 Confidentiality. Individual employee records and files are confidential and must be kept
in a secured area at City Hall. Employees will have access to their personnel files on employee time for
their review. Employees may request and receive a copy of any document in their personnel files. A
Union representative may have access to an employee's personnel file and copy any document therein,
provided s/he is authorized in writing by the employee.
An employee may request of the Human Resources Manager to withdraw disciplinary documents
from his/her personnel file at any time,subject to approval of the City Manager or his designee.
ARTICLE 8—Grievance Procedure
Section 8.1 Purpose. One of the purposes of this Agreement is to provide for the resolution of good
faith employee complaints or grievances promptly and fairly. Unless or until an action or conduct of
the City made the basis of a grievance is corrected, modified, suspended or revoked,no employee shall
act in disobedience to or disregard of such action or conduct.
Section 8.2 Scope. Any complaint or dispute arising between the parties to this Agreement involving
the interpretation, application or claimed breach of this Agreement may be considered a grievance and
shall be subject to this grievance process.
Section 8.3 Retaliation Prohibited. Initiation of any step of the grievance process shall not subject
the employee to discrimination, coercion, restraint or reprisal as a result of the good faith initiation of
such action.
Section 8.4 Procedure.
8.4.1 Step One. Grievance t Inspection Services Manager. As soon as possible, but in no
case later than fourteen (14) calendar days following an alleged wrongful act, an employee
and/or his agent shall state his grievance in writing on the union form to the relevant
Division Manager to attempt settlement of the dispute. Following such filing,the Inspection
Services Manage shall, with fourteen (14) calendar days, provide the employee with an
answer to the grievance,which shall be in writing.
8.42 Step Two. Written Grievance to Department Director. If the employee is dissatisfied
with the decision of the Inspection Services Manager, the matter may be submitted to his
Department Director within fourteen (14) calendar days of the date of the Inspection
Services Manager's decision. Such grievance shall be in writing and,
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Collective Bargaining Agreement
between the City of Pasco and NOE,Local 284(Code Enforcement/Permit Technicians)
1/1/08-12/31/10
8.4.2.:1 Concern matters or incidents that have occurred or are scheduled
to occur;
8.4.2.2 Detail the facts upon which the grievance is based;
8.4.2.3 Refer to the section(s) of the agreement alleged to have been violated.
8.4.2.4 Specify the relief sought
8.4.2.5 Include the Division Manager's written response,if arty is made.
The Department, Director shall make an investigation of the relevant facts and
circumstances and notify the employee of his decision in writing within fourteen (14)
calendar days after receiving the grievance. Said investigation may include a meeting with
the grievant and/or his agent and the supervisor.
8.4.3 Step Three. Grievance Appeal. If the employee is dissatisfied with the decision of
the Department Director, he may. within fourteen (14) calendar days of the date of the
Department Director's decision, forward a request for review to the City Manager. Said
appeal shall delineate the areas of agreement and disagreement with the response given at
Step Two and the reasons therefore.
Upon receipt of the appeal, the City Manager shall,within fourteen (14) calendar days male
an investigation of the relevant facts and circumstances and notif-y the employee of his
decision. Said investigation shall include a meeting with the grievant and/or his agent and
the Department Director.
If the employee is not satisfied with the decision of the City Manager, he may forward a
request to the union representative to, within fourteen (14) calendar days of the date of the
City Manager's decision, forward a request for review by an independent Fact Finder to the
City Manager. Said request shall delineate the areas of agreement and disagreement with
the decision of the City Manager and the reasons therefore. The Union and the City shall
attempt to agree upon a person who would act in such a capacity. If the parties fail to agree
upon and/or obtain a Fact Finder within seven (i) working days of service of the request,
then either party may request the Federal Mediation and Conciliation Service (FNICS) to
supply the names of five (5) disinterested individuals who are qualified and willing to
perform as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties
shall meet within fourteen (14) calendar days to make a selection. Selection shall be
achieved by alternate striking of names with the part-striking first being determined by a
coin toss.
The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of
selection by the parries. At said hearing the parties may present. evidence and sworn
testimony as well as cross-examine one another's w=itnesses. Each of the parties agrees to
produce any records or materials which the Fact Finder may require relative to the dispute.
Upon closure of the hearing, the Fact Finder shall promptly issue written findings and
recommended action(s). In formulating his/her position, the Fact Finder shall designate the
losing party. The opinion shall not attempt to destroy, change, delete from, add to or alter
the terms of this Agreement.
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Collective Bargaining Agreement
between the City_ of Pasco and Ili QE,Local 280(Code Enforcement/Permit Technicians)
1/1/08-12/31/10
Within fourteen (14) calendar days of the City Manager's receipt of the Fact Finder's written
opinion, the City Manager shall either affirm, disaffirm, or amend said opinion and provide
the reasons therefore. The result of the City Manager's review=shall be final and binding on
all parties and there shall be no further appeal.
Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder
shall be borne by the parties in equal amounts, including related fees, expense and room
rental. In the event the City Manager does not follow the recommendation of the Fact
Finder's ,written opinion, the City shall bear the full cost of the related fees,expenses,etc. of
the Fact Finder.
Section 8.5 Special Provisions.
8.5.1 The term"employee" as used in this Article shall mean an individual union member,
a group of union members, and/or their union agent.
8.5,E An aggrieved party shall be granted time off without loss of pay for the purpose of
any hearings held on a grievance.
8.5.3 A grievance may be advanced to any step in the grievance procedure if the parties so
jointly agree in writing.
8.5.4 The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved.
Any grievance shall be considered settled at the completion of any, step if the employee is satisfied or if
the matter is not presented to a higher level.
ARTICLE 9—Flours of Work
Section 91 Breaks. Employees shall enjoy a fifteen (15) minute rest break, during each four hours
worked. The rest period will occur at approximately the mid-point of each half of the shift.
Section 9.2 Work Schedules.. The Union recognizes the right of the City to establish and/or modify
work schedules. Except for emergencies, the City will give seven (7) calendar days notice to the union
and employees before a long term change in work schedules is implemented (greater than six months.)
Section 9.3 /lours o 1T'ork. The normal hours of work for a scheduled shift shall not exceed ten (10)
hours a day for employees normally scheduled to work forty (40) hours in a seven-day work period.
The standard shift will normally be completed between 7:00 a.m. and 6:00 p.m. Regular shifts will be
continuous. Nothing herein shall be construed as a guarantee of a forty (40) hour work week.
,section 9.4 Meal Period. The standard day shift shall include a non-compensable meal period of one
hour to be taken as assigned between 11:00 a.m. and 2:00 p.m. There will be no meal break for shifts
shorter than five(5)hours.
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Collective Bargaining Agreement
between the City of Pasco and IUOE,Local 280(Code Enforcement/Permit Technicians)
111108—12131110
Section 9.5 Work Week/Pav Period. Subject to the exceptions noted in 9.6, the standard work week
for full time employment shall be forty (40) hours within a seven (7) day- period. This pay period is
two calendar weeks (Monday-Sunday). Schedules shall be of continuous days; however, '.weekends"
may occur on other than Saturday/Sunday.
Section 9.6 Irregular Shifts and 'Fork Weeks.. Due to the unique nature of code enforcement work,
management reserves the right to assign work on an as needed basis. Ongoing irregular shifts and
work weeks may be designated by management to accommodate the needs of code enforcement
duties. The City will give seven (7) calendar days notice before the implementation of any ongoing
irregular shifts or work weeks.
Section 9.7 Work Assignments. Management shall make work assignments based upon the needs of
the Citv.
ARTICLE 10—Sick Leave
Section 10.1 Scope/Conditions. Employees shall earn and may be granted time off with pay covering
periods of illness and involuntary physical incapacity, except time off caused by accident in connection
with other gainful employment, at the rate of 3.7 hours per pay period (12 days per year). Sick leave
may be accumulated up to a maximum of one hundred and twenty. (120) working days, which
computes to nine hundred and sixty (960) working hours. In order to be granted sick leave with pay,
an employee must meet the following conditions in accordance with department regulations:
10.1.1 Report to the Division-Manager, immediate supervisor, or designated representative,
prior to the beginning of the scheduled workday that s/he will be,absent from work.
10. 2 An employee on sick leave shall keep his supervisor informed of his condition daily,
except in known cases of extended illness.
10.1.3 An employee who is absent from work for five (5) or more days may be required to
provide a fitness for duty statement from a licensed health care provider verifying his fitness
to return to work. Ifsuch examination is required,the employer shall pay-the full cost.
10.1.4 An employee must permit the City to make a medical examination or nursing visit if
the City, deems it so desirable. The City shall pay= the expense of such professional medical
examination or professional nursing visit. Provided, however, this section is superseded by
Article 16, in the case of time off caused by an on-the job illness or injury covered by State
Industrial Workers Compensation.
Section 10.2 Illness in family. lot withstanding any other Article, a post-probationary employee
shall allowed to accrue accumulated sick leave for periods of illness or involuntary physical incapacity
of himself or a family member as defined by the Family Medical Leave Act (federal PALA), the
Family Care Expansion Act (Washington) or any other applicable laws, which may be promulgated
during the term of this Agreement. Under FMLA,the employment requirements must be met and the
employee will be required to show satisfactory proof of an illness/injury of himself or the family
member needing care. (See Section 13.4 for additional FMLA language.)
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Collective Bargaining Agreement
between the City of Pasco and 1t10E,Local 280(Code Enforcement/Permit Technicians)
1/1/08-1 2/31/10
Section 10.3 Doctor and Dentist Appoint.went.s. Bona fide doctor and dentist appointments are an
authorized use of sick leave, but the employee is required to give his/her supervisor at least five (5)
days advance notice of any such appointment. In the event of a medical emergency or acute illness,
said notice requirement is waived. The City recognizes that sudden changes in appointment times
may occur due to the availability of health care providers. The name of the treating doctor or dentist,
the location where the treatment or examination shall take place, the date and the time that the
appointment is scheduled are items of information that the employees are required to provide to their
supervisor in support of a sick leave request for a doctor or dentist appointment, when such
information is requested by the supervisor. Employees shall endeavor to schedule appointments
outside of regular work hours.
Section 10.4_ _Fraudulent Use of Sick Leave. Any use of sick leave outside of the terms of this
Agreement through fraudulent means, not involving a bona fide physical incapacity, shall be
considered a serious offense and shall constitute a just cause action for formal disciplinary measures,
including termination.
Section 10.5 Vacation Leave Option. At the option of the employee, sickness in excess of the
maximum number of days accrued may be charged to unused vacation leave.
Section 10.6 Termination_. Any employee terminating service due to his/her retirement, or
resignation upon giving two (2) weeks advance notice thereof, or leaving City service due to death or
layoff, shall receive payment for twenty-five percent (25%) of his accumulated and unused sick Ieave.
Maximum conversion to pay shall be for an aggregate of one hundred eight hours (22.5 days) at the
then prevailing hourly rate. Payment may be made in a lump sum or spread over a period not to
exceed three(3) months, at the option of the City. This benefit shall not he available to any employee
discharged for cause.
ARTICLE 11—Vacation
Section 111 Accrual. (Subject to 11.3 maximums) Employees shall ear vacation per each month of
continuous service in accordance with the following schedule:
Year-,of Service Amount: bi-weekly Amount: annually
0-5 years 3.70 hours 96 hours (12 days)
6-10 years 4,62 hours 120 hours (15 days)
11-14 years 5.54 hours 144 hours (18 days)
15 + years 6.28 hours 163.2 hours(20.4 days)
Section 112 Vacation Scheduling. Employees shall submit their vacation requests, in uTiting,on the
City's request form to the Inspection Services Manager, when possible, at least three weeks in advance.
11.2.1 The City shall schedule all vacations at time when they will constitute minimum
conflicts with work schedules. Vacations shall normally be taken in periods of at least one
week's duration; however, vacation requests for period of two (2) or more hours may be
made. Approval of employee requests shall not be unreasonably withheld. When two or
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Collective Bargaining Agreement
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more employees performing the same function request a vacation during the same calendar
week and the City will allow only one (1) employee off during that period, the employee
requesting the vacation first shall be allowed the vacation at that time.
Section 11..3 Maximum Accrual. No vacations may be taken prior to the first six (6) months of
continuous employment. No accumulation of accrued vacation credit in excess of what the employee
earns in a one and one-half(11/)year period will be permitted.
Section 11.4 Termination from Service. An employee who retires from City service shall receive
payment for up to two hundred-forty (240) hours (30 days) of accrued vacation' excess vacation
must be taken prior to the last.day of employment. An employee who separates from City service for
other than retirement shall be entitled to pay for all accumulated vacation unless termination is made
during the initial probationary period or less than two (2) weeks notice has been made to the
appropriate Department Director.
Section 11.5 Vacation Buy-out. Employees, after entering their tenth year of continuous service may
convert up to five (5) days accrued vacation to cash in December of each year, provided they have
used at least ten vacation days(80 hours) during the calendar year in which the cash out is taken.
ARTICLE 12—Holidays
Section 1.2.1 Official Holida s. The following are official holidays for all represented City employees.
12.1.1 January 1 New Year's Day
12.1.2 Third Monday. in January Martin Luther King's Birthday
12.1.3 Third Monday in February Presidents'Day
12.1.4 Fourth Monday in May Memorial Day (observed)
12.1.5 July 4 Independence Day
12.1.6 First Monday in September Labor Day
12.1.7 November 11 Veterans'Day
12.1.8 Fourth Thursday in November Thanksgiving Day
12.1.9 The day following Thanksgiving
12.1.10 December 25 Christmas Darr
Section 12.2 Personal Holiday.
12.2.1 Regular, full time employees shall be eligible for one(1)personal holiday per calendar
Year. They shall be eligible for their first personal holiday after completion of their
probationary period. This personal holiday %,ill not carry over to the following calendar
year.
12.2.2 Regular,part-time employees shall be eligible for one(1) personal holiday (pro-rated)
per calendar year. They shall be eligible for their first personal holiday after six (6) months
of continuous employment and completion of their calendar year.
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Collective Bargaining Agreement
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12.2.3 The employee shall give fourteen (14) days notice of the requested personal day off.
Except in the case of an unforeseen emergency, approval shall be subject to staffing or
emergency requirements of the division/department.
Section 12.3 Holiday compensation is only available on the day it is observed by the City. Holidays
occurring on a Saturday ,"rill be observed on the previous Friday; holidays occurring on a Sunday will
be observed on the following Monday. Employees who work an observed City holiday 'will receive
1.5x their regular rate in addition to their holiday pay of eight(8) hours.
Section 12.4 Authorized holidays falling during an employee's vacation period shall not be counted as
vacation leave taken.
ARTICLE 13-Other Leaves of Absence
Section 13.1 Jury Duty.. The City shall grant a leave of absence with pay to an employee to (a) serve
on a jury in a federal, state or local court, or(b) serve as a witness in a criminal or civil case in the line
of duty. Pay during such leave shall be at the employee's regular rate less compensation received
(exclusive of mileage)for jury or witness duty performed.
Section 13.2 Bereavement Leave. Leave with pay shall be granted by the Department Director up to
a maximum of four (4) working days in any calendar year for each dcath in the immediate family, if
any. All time off for death in the immediate family in excess of four (4) days in any one year may be
charged to accrued sick leave. This leave is available within fourteen (14) days of the death for the
purpose of observing a period of mourning. Documentation shall be provided in a timely manner.
Examples of documentation are: obituary. funeral notice, funeral bulletin, copy of death certificate.
Such leave may be extended in special circumstances with the approval of the City Manager.
"Immediate family" shall include the spouse or children of the employee, the father, mother,
grandparent,brother or sister of the employee and those of the employee's spouse.
Section 13.3 !!Medical Leave without Pay. Upon application of a probationary or regular employee, a
leave of absence without pay may be granted for up to one year by the City Manager for a disability
because of sickness or injury.
Section 13.4. Family Medical Leave_ cl.(FAIL�A).
13.4.1 Administrative Order No_ 231 of the City Manager, originated November 22, 1993
as AO 72, setting forth the implementing procedures of the FMLA by the City is
hereby incorporated by this reference herein as if specifically set forth.
13.4.2 Employees are cautioned to be mindful of the thirty (30) day advance notice and
the use of the FAILA Leave Request Form when family or medical leave is intended to be used.
13.4.3 FMLA leave may be coordinated with other leave benefits as noted in
Administrative Orders. Any conflict between a provision of this Agreement and
applicable Administrative Orders shall be resolved in favor of the language of this Agreement.
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Collective Bargaining Agreement
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Section 13.5 General Leaves of Absence
13.5.1 Unpaid Leave. The City Manage may authorize a personal unpaid leave of absence.
UP to a maximum duration of one year. This leave of absence may not be used for purposes
of other employment(except.for US military service.)
13.5.2 11'lilitar�: Leave. An unpaid leave of absence under the rules of USERRA, will be
granted for service in the US Armed Forces (including the US Coast Guard and National
Guard.) The employee on military= LOA will follow all return requirements as noted in
USERRA. Failure on the part of the employee to notify and report to the City for
employment as required by USERRA will be considered voluntary resignation.
13.5.3 Reinstatement. Upon expiration of an approved leave of absence; an employee will
be reinstated in the position held at the time the leave was granted, if the position is still
remaining,or I a position of similar responsibility, if available, and open and the employee is
otherwise qualified. Employees who are granted a Leave of absence shall not lose their
established seniority. If a regular employee is temporarily assigned, by the City, to full a
temporary vacancy created by a leave of absence, the affected employee will return to his
previous position upon expiration of the leave of absence.
13.5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280
shall not lose his established seniority with the City if granted a leave of absence upon
application. Leave of absence under this clause shall be limited to one year, except that the
City may grant extensions in increments of one year for as lone as the City deems practical.
ARTICLE 14—Wages 8 Insurance Premium Caps
Section 14.1
111108 4% wage increase;insurance premium cap increases to 3.5% of
salary.
111109 2.5% wage increase;insurance premium cap increases to 5% of
salary..
111110 90% CPI (October/October,S/C western cities). 1-3%,min-max.
Section 14.2 Employ=ees may be eligible for a step increase effective their anniversary date upon
receiving a satisfactory evaluation. No employee may advance beyond the top step of the pay range.
Section 14.3 The City may hire a new employee at the step appropriate to his experience and
qualifications.
Section 14.4. Overtime. Overtime shall be based on worked hours only and shall be paid for all hours
worked above 40 hours/week. Overtime will be assigned based upon the needs of the City.
Compensatory time may be granted by the City, in lieu of overtime in compliance with City policy.
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Section 14.5 The premium for temporary weekend shifts (to include, but not limited to, sound, dust
control) shall be two dollars ($62.00) per hour and shall be considered a part of base pay. At such time
as the City determines that regular shifts shall encompass weekends (Sat/Sun), this premium pay
provision shall become void.
Section 14.6 Pav periods/Pay days. The City will pay employees on the basis of twenty-six (26) pay
periods per }rear. Paydays will normally occur every other Friday. If a payday falls on a City
authorized holiday, every effort will be made to pay employees on the preceding business day. Pay
stub information slim6ng the employee's accrued leave time and amount of regular and overtime
hours will be provided by the City.
ARTICLE 15—Insurance
Section 15.1 Group Medical Insurance. The City shall make available group medical and hospital
insurance: the premiums for which shall be shared by the City and the employee, subject to the below
cited conditions. There shall be a deductible of $200 per person per calendar year, with a maximum
family deductible of$600 per calendar year. The plan shall pay 80% of the first $10,000 of alloxrable
expenses outside of the deductible(s). The maximum lifetime benefit per person is$1 million.
15.1.1 The employee will pay 10% of the combined medical/dental insurance payment. The
employee contribution shall not exceed 3.5% in 2008 and 5% in 2009 beyond of the
employee's gross monthly pay. The City- may deduct such premium amounts from the
employee's paycheck on a regular basis.
15.1.2 Prescription card benefit:
1.5.1.2.1 $50/year/person($200/family) deductible, in addition to the
medical deductible.
15.1.2.2 The participant pays the 20% co-insurance (after the annual deductible
at the time the prescription is picked up.
15.1.2.3 A cap of $150 out of pocket expense for each single/individual
prescription filled(new or refill.)
15.1.3 Wellness program benefit: $200/covered person (employees&dependents).
Includes a$50/event emergency room co-pay.
Notwithstanding the above. in the event state or federal legislation requires the City to
make changes in the group medical benefits provided employees during the life of this
Agreement,the City reserves the right to make the required changes, provided, however,the
City provides the bargaining representative with at least thirty (30) days advance notice of
the change(s) and further provided that either the City or the union may require this
subsection to be re-opened in negotiations if the change results in a reduction of benefits or
an increase (by at least 10%) in the amount of premium paid by either the City or the
employee for the employee/spouse/dependents by providing the other with written notice
within fourteen (14) days receipt by the bargaining representative of the notice from the
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Collective Bargaining Agreement
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employer of the proposed changes. In addition. the City agrees to comply, with RCW 41.56
if additional benefits are added to the current plan.
Section 15.2 Dental Insurance. The City will continue to offer dental benefits to each employee and
his dependents. There is no additional premium for these dental benefits as they are included in the
medical benefit premium. The dental deductible will be twenty-five dollars ($25) per person per
calendar year to a maximum of seventy-five dollars ($75) per covered family for Class 2 and Class 3
dental expenses. The deductible gill not apply to Class 1. dental expenses; i.e., covered diagnostic and
preventive care.
The annual dental maximum for each employee and dependent will be$1,500.
Section 15.3 Insurance Carrier. The City retains the right to select the carrier for any or all of the
above coverage provided employee contributions are not increased nor benefits reduced, except as
permitted above.
Section 15.4 Group.Life. The City, at its expense. shall make available group term life insurance of
$15.000, face value. for each employee. The employee may purchase additional supplemental and/or
dependent coverage.
Section 15.5 Vision care. The City shall make available the vision insurance available to covered
employees and their dependents which is available to non-represented employees and their
dependents. The premium for vision insurance will be shared with the City at 50%/50%.
Section 15.6 Flexible Spending Plan. The City shall make available a flexible spending plan in which.
the post-probationary employee has the option to participate.
Section 15.7 Long-term Disability Insurance. The City shall make available a long-term disability
insurance plan in which the employee has the option to participate.
ARTICLE 16—Occupational Injury/Illness
Section 16.1 Eli,' ilityr for Siek Leave Benefits. In the case of any disability or illness hereinafter
referred to as Occupational Disease. which is covered by Labor and Industries Industrial Insurance,
the disabled employee shall be eligible to receive sick benefits from the City. Such benefits are
authorized only if the employee has signed and placed on file with the City's Human Resources Office
a statement in the form attached hereto as Exhibit "B" and as authorized through the following
procedure.
16.1.1 Employees who suffer an occupational disease shall file an application for worker's
compensation in accordance with Chapter 51.28 RCS'.
16.1.2 Employees who suffer an occupational disease and are unable to perform the
essential functions of their job(s) due to such occupational disease, may elect to receive time
loss compensation exclusively, leave payment exclusively, or a combination of time loss and
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Collective Bargaining Agreement
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paid leave. Each employee shall sign an election sheet that shall be maintained in the
employee's personnel file. The election sheet may be changed from time to time by the
employee in order to qualify for any paid leave (except incases where an employee has
exhausted all accrued leave and is on leave writhout pay) in addition to time loss
compensation. The City shall be responsible to assure all employees are informed of the
election sheet procedure and the employee's responsibility.
16.1.3 Employees wbo elect to use accrued sick leave during a period in which they receive
time loss compensation from industrial insurance, shall receive sick leave pay to the extent
their accrued sick leave allows, less any industrial insurance payments for time loss during
the sick leave period for up to a maximum of six (6) months in time from the date that the
time loss payments begin. The City 'Manager may grant an extension of this period upon
written request.
16.1.3.1 Until eligibility for worker's compensation is determined by the
Department of Labor and Industries — Industrial Insurance (L&I), the employee
may elect to use accrued sick leave, provided that the employees shall endorse the
initial L&I time-loss payment to the City within three (3) working days of receipt of
said payment (unless a credible reason for the delay is presented to the Human
Resources Manager in writing.) Cashing the L&I check or failure to submit the L&I
check within the time limit set forth above will result in a personal debt to the City
which can only be paid through resources available to the employee from his payroll
accruals or future paychecks.
16.1.3.2 Employees shall endorse over to and deliver to the City any L&I time loss
payments covering the payroll period where the sick leave is paid. When the City
receive the L&I time loss payment (and associated documentation) the employee will
be credited with the amount of sick leave the time loss payment buys back
considering normal payroll deductions and taxes.
16.1.4 When an employee elects to receive pay for vacation leave or compensatory time off
and also receives worker's compensation for time loss, the employee is entitle to both
payments without any deductions for the time loss payment.
1.6.1.5 Should an employee apply for time loss compensation and the claim is then or later
denied,accrued leave may be used for the absence.
16.1. The provisions of this section do not restrict or prohibit the City from interpreting
otherHrise nor interpret so as to provide an employee with any right or privilege to exhaust
sick leave or other leave benefits prior to termination.
16.1. Employees receiving only time loss compensation from Labor & Industries are
separated from the City payroll and ineligible for regular payroll benefits except as those
provided by FMLA or any other applicable federal or state law.
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Collective Bargaining Agreement
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Section 16.2 Sick Leave without Pay. Sick leave without pay, once all earned leave benefits are
exhausted, may be granted by the City for an employee on leave due to accident or illness. but such
leave shall not exceed one year in duration. During this time, the employee shall continue to earn
seniority, within the Union but will not be eligible to receive or accrue other benefits under this
contract or other City ordinances, resolutions, or administrative orders.
ARTICLE 17—Training
Section 17.1. Maintenance of Certification
17.1.1 Employees required by the City to obtain certification(s), as a condition of their
employment shall have six (6) months from their initial hire date to acquire such
certification(s). Any employee who is required to accumulate CEU's to maintain a required
certification shall be reimbursed for actual costs to attend applicable training sufficient for
the employee to earn the minimum number of CEU's required to maintain the
certification(s) for the position the employee holds for the City. The City shall reimburse
employee professional membership fees and/or dues for one state association membership
applicable to the employee's position. Additional memberships will be at the employee's
expense.
LA. "At City expense" as used herein means that the employee will be paid for the time
spent in a seminar, class or other City selected training where CEU's are earned. Prior
written approval will be required to attend City paid or reimbursed training. The cost of
registration and required materials and the actual cost of transportation(i£outside the Tri-
Cities area) will be reimbursed. No overtime will be claimed unless mandated by the FLSA
or state law. Travel time to and from any employer offered training is not compensable
unless required by FLSA.
171.3 The City shall determine the means of transportation for training outside of the Tri-
Cities area. If the employee's personal automobile is used as the means of transportation,
the City shall reimburse the employee's mileage at the then current prevailing City mileage
rate.
St tioii 17.2 Tuition Assistance. Each employee shall be entitled to educational assistance in
accordance with the current applicable Administrative Order.
ARTICLE 18—Lay Off
Section 1.81 La -off. In the event of a layoff, the employees with the highest qualifications as
determined by the City to fulfill all of the essential qualifications of the position will be retained.
Section 18.2 Employee„Responsibility Employees who have been laid off who wish to return to
work shall keep the City's Human Resources Office advised of their current address.
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Collective Bargaining Agreement
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Section 113.3 Reinstatements. An employee who is re-instated to his position/job classification,
within one y=ear after a layoff, shall be re-hired at his former step.
ARTICLE 19—Safety
Section 19.1 Resl2grisibilities. The City provides safety procedures and rules to minimize accidents
and health hazards to employees. The Union agrees to cooperate with the City's requirement that
employees use safety equipment,observe safety rules and health regulations as established by the City.
J2.l.1 Safety Inspectiort_s The Union agrees that the City- wiIl designate employees to be
responsible for inspecting their equipment and vehicles and rill provide their manager with
written notification of the results of the inspection.
Section 19.2 First. Aid & CPR Training. Employees have an obligation to participate in the first-aid
courses and CPR courses as determined by the City. This obligation can be fulfilled via voluntary
completion of the applicable courses offered by other groups/institutions. Employees will provide the
City (Human Resources Office.) with current, copies of all first aid and CPR certifications on a timely
basis(prior to expiration of previous certification.)
Section 19.3 Equipment/lrTniforms, The City will provide certain necessary safety equipment to assist
in the proper performance of assigned work. Equipment to be provided includes;
Orange safety vests Flashlight
Rubber gloves Dog pepper spray(as needed)
Hand sanitizer Face mask
Shoe covers (knee length)
Employees are responsible for the safekeeping of such equipment/supplies. All City equipment and
vehicles shall be used in accord with rules and regulations established by the City and state and local
agencies. Code enforcement employees are required to wear hard-soled shoes (i.e., work boots) when
conducting field work. Code enforcement employees are responsible for providing their own foot wear.
Employees are required to follow the dress code as established by the City. The City -411 furnish
appropriate uniforms for staff.
19.3.1 Shirt. Employees are required to report for work wearing a clean uniform shirt each
day, either long or short-sleeved. Employees shall be responsible for laundering the shirts
provided by the City.
19.3.2 Winter Coats Code enforcement employees shall wear a winter coat with the City
logo for identification. Replacement,will be as needed.
19.3.3 Hat. Code Enforcement employees shall wear a City of Pasco (logo) hat, if a hat is
worn,which in the performance of duties out in the field.
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Collective Bargaining Agreement
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The City's name shall appear on the employee's outer clothing. The City will provide replacement
articles as reasonable wear and tear dictates. Lost articles of clothing or equipment will be replaced at
the employee's expense.
ARTICLE 20—Seniority
Section-20.1 Continuous Service. Employees shall have their seniority determined by their total
length of continuous service within the Inspection Services Division as covered by this Agreement. In
cases where two (2) or more employees start to work on the same date, the date of application for
employment shall determine the position on the seniority list.
Section 20.2 No Accrual during Probation. The first six (6) calendar months following the elate of
employment shall constitute a probationary period, during which time seniority does not apply. Once
the probationary period has been completed, the employee's seniority date shall be retroactive to the
employee's date of hire.
Section 20.3 Internal candidates,%rA be considered for open positions along with external candidates.
Qualifications,experience, and the ability to perform, satisfactorily, all of the essential functions of the
position will be used as criteria for employment selection.
Section 20.4 Posting of Job Openings. The posting of all job openings approved by the City Manager
shall be posted on the usual posting sites for the period of time the position is open.
ARTICLE 21—Motor Vehicles
Section21.1 Motor Vehicle Accidents. Employees shall inform their employer as required by later. of
all motor vehicle accidents in which they are involved.
ARTICLE 22—ICMA
Each employee shall have the ability to voluntarily participate in the ICMA retirement program,
ARTICLE 23--Smoking Restrictions
The City may institute reasonable rules concerning the prohibition of smoking confined areas where it
may bother employees or citizens who do not smoke.
ARTICLE 24—Americans with Disabilities Act
Notw=ithstanding any other provision of this Agreement, the employer may take all actions necessary
to comply with the Americans with Disabilities Act.
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Collective Bargaining Agreement
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ARTICLE 25—Substance-Free Workplace
Administrative Order No. 65A, originated August 2$, 1992, concerning a substance-free workplace, is
incorporated herein by this reference.
ARTICLE 26—Implementation of Changes upon Ratification
Benefits of this contract (including any retroactive provisions)shall only apple to those members who
are employed with the City on the effective date of this contract.
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Collective Bargaining Agreement
between the City-of Pasco and IUOE,Local 2$0(Code Enforcement/Permit,Technicians)
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Dated at Pasco.Washington,this day of ,2008.
City of Pasco
d"' g�
JOy H. Ison,Mayor
ATTEST: APPROVED AS TO FORM-
1
e ra L. Clark,City Clerk Leland B. Kerr,City Attorney
IUOE,Local#280
Richard L. Barrickman,Business Mgr. Debbie L. Hendrick, Asst. Business Mgr.
Dean Bus y, President Lester Myers
Recording/Corresponding Secretary
Ernest Molina, Steward
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Collective Bargaining Agreement
between the City of Pasco and IUOE,Local 280(Code Enforcement/Permit Technicians)
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