HomeMy WebLinkAboutInternational Union of Operating Engineers (IUOE) Local 280 - Collective Bargaining Contract for PW & Facilities Maintenance Employees 1-6-14COLLECTIVE BARGAINING AGREEMENT
CITY OF PASCO
INTERNATIONAL UNION OF OPERATING
ENGINEERS, FOCAL 280
01/01/2013 -12/31/2015
101 -
TABLE OF CONTENTS
WITNESSETH
ARTICLE 1- Recognition
ARTICLE 2 - Term and Scope of Agreement
Section 2.1- Tenn/Entire Agreement
Section 2.2 - Severability
Section 2.3 - Supersedes Municipal Code /Administrative Policy
Section 2.4 - Supervisory Employees
ARTICLE 3 - Union Membership
Section 3.1- Union Security
Section 3.2 - Statement of Meaning
Section 3.3 - Dues
ARTICLE 4 - Union Business
Section 4.1- Negotiating Committee
Section 4.2 - Bulletin Board Posting
Section 4.3 - Union Business Agent
Section 4.4 - Shop Steward
ARTICLE 5 - Management Rights
Section 5.1- Reservation of Rights
Section 5.2 - Delineation
ARTICLE 6 - Non - Discrimination
Section 6.1
Section 6.2
ARTICLE 7 - Employee Responsibility/Discipline
Section 7.1- Employee Responsibility
Section 7.2 - Just Cause
Section 7.3 - Progressive Discipline
Section 7.4 - Termination/Discharge
Section 7.5 - Appeal to Grievance Procedure
Section 7.6 - Confidential
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Collective Bargaining Agreement — Pasco/IUOE, Local 280
2013 -2015
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ARTICLE 8 - Grievance Procedure 6
Section 8.1- Purpose 6
Section 8.2 - Scope 6
Section 8.3 - Retaliation Prohibited 6
Section 8.4 - Procedure 6
8.4.1- Step 1- Grievance to Division Manager 6
8.4.2 - Step 2 - Written Grievance to Department Director 6
8.4.3 - Step 3 - Grievance Appeal 7
Section 8.5 - Special Provisions 8
ARTICLE 9 - Hours of Work 8
Section 9.1- Breaks /Clean-up 8
Section 9.2 - Work Schedules 9
Section 9.3 - Hours of Work 9
Section 9.4 - Lunch Period 9
Section 9.5 - Work Week/Pay Period 9
Section 9.6 - Non - Standard Shifts 9
Section 9.7 - Irregular Shifts and Work Weeks 10
Section 9.8 - Snow Removal and Control 10
ARTICLE 10 - Sick Leave 10
Section 10.1- Scope /Conditions 10
Section 10.2 - Illness in Family 11
Section 10.3 - Doctor and Dentist Appointments 11
Section 10.4 - Fraudulent Use of Sick Leave 11
Section 10.5 - Vacation Leave Option 11
Section 10.6 - Termination 11
ARTICLE 11- Vacation 11
Section 11.1- Accrual 11
Section 11.2 - Vacation Scheduling 12
Section 11.3 - Maximum Accrual 12
Section 11.4 - Termination from Service 12
Section 11.5 - No Mandated Vacation Shutdown 12
Section 11.6 - Leave Without Pay 13
Section 11.7 - Vacation Leave Buyout 13
Section 11.8 - Early Return to Work 13
Section 11.9 - Cancellation 13
Section 11.10 - Unavailability of Vacation 13
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Collective Bargaining Agreement — Pascv/IUOE, Local 280
2013 -2015
ARTICLE 12 - Holidays 13
Section 12.1 - Official Holidays 13
Section 12.2 - Personal Holiday 14
Section 12.3 14
Section 12A 14
Section 12.5 - Working the Holiday 14
ARTICLE 13 - Other Leaves of Absence 14
Section 13.1- Jury Duty 14
Section 13.2 - Bereavement Leave 14
Section 13.3 - Medical Leave without Pay 15
Section 13A - Family Medical Leave Act (FMLA) 15
Section 13.5 - General Leaves of Absence 15
13.5.1- Unpaid Leave 15
13.5.2 - Military Leave 15
13.5.3 - Reinstatement 15
13.5.4 - Union Office 15
ARTICLE 14 - Classification and Wages 15
Section 14.1 - Rates of Pay 15
Section 14.2 - New Employees 16
Section 14.3 - Certification/Incentive Pay 16
Section 14.4 - Overtime 16
Section 14.5 - Paid Meal 17
Section 14.6 - Cellular Phone 17
Section 14.7- Headquarters/Travel 18
Section 14.8 - Pay Period/Pay Day 18
Section 14.9 - Relief from Duty 18
Section 14.10 - Temporary Assignment 18
ARTICLE 15 - Insurances 19
Section 15.1- Group Medical Insurance 19
Section 15.2 - Dental Insurance 19
Section 15.3 - Insurance Carrier 19
Section 15.4 - Group Life 19
Section 15.5 - Vision Care 19
ARTICLE 16 - Occupational Injury/Illness 20
Section 16.1- Eligibility for Sick Leave Benefits 20
Section 16.2 - Sick Leave without Pay 21
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Collective Bargaining Agreement — Pasco/IiJOE, Local 280
2013 -2015
ARTICLE 17 - Training 21
Section 17.1- Maintenance of Certification 21
ARTICLE 18 - Transfers, Force Reduction and Rehire 21
Section 18.1- Layoff/Bumping 21
Section 18.2 - Seniority Retention 22
Section 18.3 - Employee Responsibility 22
Section 18.4 - Transfers/Training/Break -in Period 22
ARTICLE 19 - Safety 22
Section 19.1- Responsibilities 22
Section 19.2 - First -Aid Training 23
Section 19.3 - Equipment/Uniforms 23
19.3.1- A City Hat 23
19.3.2 - Pants 23
19.3.3 - Shirt 23
19.3.4 - Coveralls 23
ARTICLE 20 - Seniority 24
Section 20.1- Continuous Service 24
Section 20.2 No Accrual During Probation 24
Section 20.3 Transfers 24
Section 20.4 Posting of Job Openings 24
Section 20.5 Promotion/Demotion 24
ARTICLE 21- Commercial Driver License (CDL) 24
Section 21.1- Reimbursement for Costs 24
Section 21.2 Maintenance Responsibility 25
Section 21.3 New Employees 25
Section 21.4 Motor Vehicle Accidents 25
Section 21.5 CDL Law Changes 25
ARTICLE 22 - Smoking Restrictions 25
ARTICLE 23 - Americans with Disabilities Act 25
ARTICLE 24 - Substance -Free Workplace 25
ARTICLE 25 - Implementation of Changes upon Ratification 25
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Collective Bargaining Agreement — Pasco/NOE, Local 280
2013 -2015
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280
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
Public Works Department's maintenance and operations divisions and the bargaining unit employees
within the Facilities Division responsible for the parks, golf course, and cemetery.
WITNESSETH:
The City and Union recognize harmonious relations should be maintained between them and the
public. All will benefit by continued peace and by adjusting any differences which may arise by
rational common sense methods. The agreements made herein are in keeping with that spirit of
cooperation.
ARTICLE 1— Recognition
The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive
representative for all the employees coming within the classifications covered by this Collective
Bargain 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 last written below when this
agreement is executed by both parties and shall remain in full force and effect until December 31,
2015.
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.
The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise
provided in this Agreement, each party voluntarily and unqualifiedly agrees to waive the right to oblige
the other party to bargain with respect to any subject or matter which is not specifically referred to or
covered in this Agreement.
Collective Bargaining Agreement
between City of Pasco and ME, local 280
1/1/13 — 12131/15
Section 2.2 Severability. If any provisions 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 Policy. It is understood and agreed
that, in accordance with the Pasco Municipal Code (PMC 2.42.540) where there is a conflict between
any provisions of this Agreement and any provision of the code, the provisions of this Agreement shall
govem. The rights and privileges granted in the Pasco Municipal Code do not apply to the represented
employees under this Agreement, unless explicitly provided for therein.
Section 2.4 Supervisory Employees. Management pledges that supervisory employees, not part
of the bargaining unit, in the normal course of their assignment will not work with tools, except in the
event of a bona fide emergency where such "hands -on" help will prevent loss or damage to persons or
property.
ARTICLE 3 — Union Membership
Section 3.1 Union Security. All full -time regular employees of the City and those part-time and
temporary- seasonal employees defined in subsection 2.2, 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 employees shall become members in good standing of the
Union within thirty (30) calendar days after the date of their employment.
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 week or more and for more than six
6) consecutive months and shall apply to temporary- seasonal employees who work more than thirty
30) days in continuous employment. All other employees shall be exempt from these provisions. (For
temporary- seasonal workers refer to Note 6 on Employee Wage Schedule.)
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
objection 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 within six (6) months or
before the 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, as
long as such claims do not arise out of errors or negligence on the part of the City.
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.
OA
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/13 - 12/31/15
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 three (3) employees consisting of at least one
1) employee from each department, 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 the scheduling of such meetings at times with the least
interference with such members scheduled work.
The negotiating committee members in order to prepare for negotiations with the City or the
bargaining representative with employees on union business, may meet after the employees' work
hours and on their own time at the Parks Department's maintenance facility at the city cemetery.
Section 4.2 Bulletin Board Posting. The City shall furnish bulletin board space at each City
maintenance facility or 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
notifies the Human Resources Manager and or relevant department director, subject to the provisions
of Section 4.4.
Section 4.4 Shop Steward. The Union shall have the right to set up its regular shop steward
machinery, but there shall be no more than one shop steward per work facility. The City shall be
notified in writing of the person so certified. Except for actual meetings with management to discuss
adjustment of grievances, or where special permission has been obtained from a Department Director
or his/her designee), Union business will be conducted on breaks, lunch periods and employee time.
ARTICLE 5 — Management Rights
Section 5.1 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 Public Works Department's Maintenance and Operations divisions, and the Facilities
Division of the Administrative and Community Services Department. 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 abridged, modified or limited by the provisions of
this Agreement:
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Collective Bargaining Agreement
between City of Pasco and NOE, Local 280
1/1/13 — 12/31/15
5.2.1 Establish, plan for, and direct the work force toward the organizational goals of City
government.
public.
5.2.2 Determine the organization, necessity and level of activity or service provided to the
5.2.3 Determine the City budget and financial policies including accounting procedures.
5.2A 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 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.
5.2.9 Relieve any employees 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 threatening the public health or safety.
ARTICLE 6 — Non - Discrimination
Section 6.1 There shall be no discrimination against any employees because of union
membership, or non -union membership. In accordance with applicable law, the Employer, the Union,
or members of the Union shall not 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, sexual orientation, or absence of a disability may constitute a
bona fide occupational qualification under applicable law.
The Union agrees to work with the employer in instances of discriminatory or harassing behavior on
the part of represented employees.
Collective Bargaining Agreement
between City of Pasco and RJOE, Local 280
1/1/13 — 12/31/15
Section 6.2 Whenever a male noun/pronoun is used in the Agreement it shall be construed to
include male and female employees.
ARTICLE 7 — Employee Responsibility/Discipline
Section 7.1 Employee 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
service at all times. The Union and its members give their unequivocal pledge that they will neither
instigate, support, nor condone a strike, work stoppage or slowdown against the City during the term of
this Agreement. Provided, however, except for emergencies, employees shall not be required to cross a
legally sanctioned (an AFL -CIO sanctioned) picket line against another employer, but in such cases the
City may perform the work by contract or by supervisors.
Section 7.2 Just Cause. The City shall not take disciplinary action against any 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.
Section 7.3 Progressive Discipline. 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 or at any hearing
where discipline is being considered, the employee shall be entitled to be accompanied by a Union
representative.
Section 7.4 Termination/Discharge. In the event a discharge is under consideration:
7A.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 City
Manager, as to why the proposed discharge should not be taken.
7A.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 employer, employee or the Union at a subsequent hearing from presenting a
more detailed and complete case, including the presentation of witnesses and documents not available
at the pre - discharge hearing.
Collective Bargaining Agreement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
7.4.4 Unless otherwise agreed by the employee, a decision shall be made by the City
Manager within fourteen (14) calendar days after the close of the pre - discharge hearing.
Section 7.5 Appeal to Grievance Procedure. All disciplinary action of 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 Confidential. 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 file. A
Union representative may have access to an employee's personnel file and copy any document therein,
provided, he /she 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 in 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 8A Procedure.
8.4.1 Step One. Grievance to Division 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/her agent
shall state his/her grievance in writing on a standardized grievance form to the relevant Division
Manager to attempt settlement of the dispute. Following such filing, the Division Manager shall,
within fourteen (14) calendar days of receipt of the written grievance, provide the employee with a
written answer to the grievance, which shall be in writing.
8.4.2 Step Two. Written Grievance to Department Director. If the employee is
dissatisfied with the decision of the Division Manager, the matter may be submitted to his/her
Department Director within fourteen (14) calendar days of the date of the Division Manager's
decision. Such grievance shall be in writing and:
Collective Bargaining Agreement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
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 any 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/her agent and the
supervisor.
8.4.3 Step Three. Grievance Appeal. If the employee is dissatisfied with the decision of
the Department Director, he/she 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 make an
investigation of the relevant facts and circumstances and notify the employee of his decision. Said
investigation shall include a meeting with the grievant and/or his/her agent and the Department
Director.
If the employee is not satisfied with the decision of the City Manager, he /she 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 (7) working days
of service of the request, then either party may request the Federal Mediation and Conciliation Service
FMCS) 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 party 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
parties. At said hearing the parties may present evidence and sworn testimony as well as cross - examine
one another's witnesses. 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.
Collective Bargaining Ag cnt
between City of Pasco and ME, Local 280
1/1/13 — 12/31/15
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 the 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, expenses and room rental. hi 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.
8.5.2 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.
8.5A The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties.
8.5.5 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 authority within the prescribed period
of time.
ARTICLE 9 — Hours of Work
Section 9.1 Breaks /Clean -up. Lunch breaks will normally be taken at the appropriate shop.
However, in cases where the work site is closer to another City facility that contains restroom facilities
and normal eating facilities the employee(s) may take their lunch break at that facility. Employees may
also take their lunch break at a commercial restaurant, provided the break site shall be a reasonable
travel time from the work site. The City will allow some additional lunchtime in deference to the travel
time required if approved in advance by the City. Employees, on the other hand, understand it may be
appropriate for their foreman or other supervisor to speak to them during the lunch period about a work
assignment or that it may be necessary that they answer a telephone call if the phone is temporarily
unmanned by the secretary or other supervisory employee. A fifteen (15) minute rest break,
approximately at the mid point of the first half of each shift and at the mid -point of the second half of
each shift shall be scheduled for fifteen (15) minutes, including travel time. Each employee shall be
permitted up to ten (10) minutes personal clean up time at the end of the shift. It is understood that an
employee not needing the full ten minutes to utilize for clean-up will be engaged in productive work
activity, including the completion of work related paperwork during that time period.
Collective Bargaining Ageement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
The fifteen minute rest break at approximately the mid -point of the second half of each shift provided
for in section 9.1 will continue to be tacked on to the thirty minute lunch break by maintenance crews,
as is the past - practice under the current contract language of Sections 9.1 and 9.4.
Section 9.2 Work Schedules. The Union recognizes the right of the City to establish and/or
modify work schedules and the City recognizes the need to confer with the Union to take employee
interest into account. Except for emergency situations or as provided in Section 9.7, at least forty-eight
48) hours notice will be given to the Union before an overall long -term or seasonal change in work
schedule is implemented.
Section 9.3 Hours of Work. The normal hours of work for a scheduled shift shall not exceed
eight (8) hours in any one day, nor ten (10) hours a day for employees normally scheduled to work four
4) days in a designated seven (7) day work period. The work day shall be continuous, interrupted only
by designated rest and meal breaks and the standard shift will normally be completed between 7:00
a.m. and 5:00 p.m. Nothing herein shall be construed as a guarantee of a forty (40) hour work week.
To promote efficiency and productivity, deviation from the normal work day may be required,
provided an employee reporting and scheduled for work is given no less than four (4) hours and no
more than ten (10) hours of work or no more than twelve (12) hours of work when scheduled to work
four (4) days in a designated seven (7) day work period. Provided, however, in emergency situations
involving the immediate threat of harm to persons or property, employees may be required to work
beyond the ten (10) and twelve (12) hour maximum limits. When practical, scheduling changes
resulting in less than the normal hours of work on a particular day should precede or follow a
scheduled day or days off so as to extend off -duty time. The discretion given to the employer by this
sub - section shall not be used by the employer as a punitive measure against any employee or exercised
so frequently as to make the normal work week schedule and work week provisions of this contract
meaningless.
Section 9.4 Lunch Period. The standard day shift shall include a non- compensable lunch period
of not less than thirty (30) minutes or more than one hour. Traveling to and from the work site, City
facilities or other work headquarters for lunch period shall be on the employee's own time.
Employees in the Wastewater Collections section and in the Wastewater Plant section and those
employees when handling pesticides shall have up to ten (10) minutes personal cleanup time prior to
the lunch period, if necessary. In addition, employees required by the City to remain on duty, at a
prescribed work site, in the interest of the City during their lunch period, shall be considered working
and compensated accordingly.
Section 9.5 Work Week/Pay Period. Subject to the exceptions cited below, the standard work
week for full -time employment shall be forty (40) hours long within a seven (7) day work period, and
eighty (80) hours of work shall constitute the standard pay period. The standard work week shall not
exceed five (5) continuous days.
Section 9.6 Non - Standard Shifts. Non - standard shifts for Water Treatment Plant Operators are
bracketed in continuous eight (8) hour segments of working time within the period running from 4:00
p.m. of one day to 8:00 a.m. of the next day. The first of these shifts shall be titled the "swing shift"
and the second of these shifts, following the end of the first one, shall be titled the "graveyard shift ".
D
Collective Bargaining Agreement
between City of Pasco and aJOE, Local 280
111/13 — 12/31/15
Employees assigned to any such non - standard shift work schedule shall receive shift differential pay
pursuant to Section 14.4.4.
Section 9.7 Irregular Shifts and Work Weeks. Irregular shifts and irregular work weeks, not
coincidental with the standard descriptions provided herein, may be designated by management to
accommodate the peculiar characteristics of street sweeping, park maintenance, wastewater plant,
reuse facility and water treatment plant operation. Established irregular shift schedules will not
normally be changed without mutual agreement between the City and the Union.
Section 9.8 Snow Removal and Control. When snow removal and control are required to
provide safe driving conditions on City streets or to keep streets open to traffic, management may
adjust shifts or require greater than normal working hours as reasonably necessary, but for only so long
as conditions require.
ARTICLE 10 —Sick Leave
Section 10.1 Scope /Conditions. Employees shall earn and may be granted time off with pay
covering periods of illness or involuntary physical incapacity, except time off caused by accident in
connection with other gainful employment, at the rate of one work day for each calendar month of
service. 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 departmental
regulations:
10.1.1 Report to his/her Division Manager, immediate supervisor, or designated
representative, prior to the beginning of the scheduled work day the reason their symptoms cause the
employee to be absent from work.
10.1.2 An employee on sick leave shall keep his/her supervisor informed of his/her condition
daily, except in known cases of extended illness.
10.1.3 An employee that 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/her fitness to
return to work. If such examination is required, the employer shall pay the full cost.
An employee that is absent from work at the direction of a licensed health care provider shall, upon
his/her return to work, provide to the employer a release to return to work from the provider. The
employer shall provide a form for the health care provider to complete for this purpose.
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 expense of such professional medical examination or professional
nursing visit shall be paid by the City. 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.
10
Collective Bargaining Agreement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
Section 10.2 Illness in Family. Not withstanding any other Article, employee shall be allowed to
use 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 FMLA), the Family Care
Expansion Act (Washington) or any other applicable laws which may be promulgated during the term
of this Agreement. Under FMLA, 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.)
Section 10.3 Doctor and Dentist Appointments. Bona fide doctor and dentist appointments of the
employee and as covered by state /federal law 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 their 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/her accumulated and unused sick
leave. Maximum conversion to pay shall be for an aggregate of one hundred eighty 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 be available to any employee
discharged for cause.
ARTICLE 11— Vacation
Section 11.1 Accrual (Subject to 11.3 maximums). Employees shall earn vacation per each month
of continuous service in accordance with the following schedule:
Years of Service Amount Bi- Weekly Amount Annually
1 -5 3.7 hrs. 96 hrs. (12 days)
6 -10 4.62 hrs. 120 hrs. (15 days)
11 -14 5.54 hrs. 144 hrs. (18 days)
15 or more 6.15 hrs. 160 hrs. (20 days)
11
Collective Bargaining Agreement
between City of Pasco and ME, Local 280
1/1/13 — 12/31/15
Section 11.2 Vacation Scheduling. A vacation schedule shall be developed by the Department
Director at the beginning of the calendar year which indicates to the extent reasonably possible, when
each of the employees in a particular work unit desires to be away on vacation. Such schedules shall be
in harmony with the letter and spirit of this Agreement.
11.2.1 In January, the employer will schedule vacations for the calendar year and the
following January. Requests shall be submitted by employees during the first two weeks of the month.
The employer shall prepare the schedule during the latter two weeks of January. In the event of a
conflict between requests, the employee with the longest service record shall be allowed vacation at
that time. Vacation requests submitted to the employer after January of any calendar year shall be
considered by the employer on a first -come- first -serve basis. Vacation requests submitted to the City
will be approved or not approved within a reasonable period of time.
11.2.2 Vacation requests submitted to the employer after the first two weeks of January of
any calendar year shall be considered by the employer on a first - come - first -serve basis. Vacation
requests submitted to the City will be approved or not approved within a reasonable period of time.
11.2.3 All vacations shall be scheduled by the City at times 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 periods of one (1) hour or more may be made.
Approval of employee requests shall not be unreasonably withheld. When two or 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, but the City will strive to accommodate additional employee vacation
requests. Consideration will be given to allowing full -time employees summer vacations when
practical.
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 (1' /s) year period will be permitted. However, when an employee is within
six pay periods of reaching maximum accrual, the employer can require the employee to submit within
one week a plan to timely take vacation to avoid reaching maximum accrual. If the employee fails
promptly to submit the requested plan, the Department Director or his designee will not be required to
grant untimely vacation requests from the employee in order to avoid - losing additional vacation
accrual until vacation is scheduled and taken under the provisions of this article, permitting further
accrual.
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. Any 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 No Mandated Vacation Shutdown. Employees in the respective departments shall
not be required to take their vacations at the same time.
12
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/13 — 12/31/15
Section 11.6 Leave Without Pay. If an employee requests additional vacation over what he /she
has accrued, such requests may be granted by the Department Director, without pay.
Section 11.7 Vacation Buyout. If an employee requests to work his/her earned vacation period,
such request may be approved by the Department Director and the City Manager, provided there is
sufficient money available in the budget to offset the additional cost. Such requests will only be
considered in the case of exceptional need. However, each employee 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 the employee has maintained satisfactory work performance as shown on their last
performance evaluation and has used at least ten vacation days during the calendar year in which the
cash out is taken.
Section 11.8 Early Return to Work. Employees required to return to work from vacation by
direction of management shall be compensated on a one - for -one basis up to a maximum of three (3)
work days at the rate of one and one -half (1' /2) times the regular straight time rate of pay for the hours
actually worked. Vacation leave not taken will be scheduled for a later date by mutual agreement of the
employee and his/her Department Director.
Section 11.9 Cancellation. When an employee is scheduled vacation leave at least three (3)
months prior to the time taken and the City cancels the vacation with less than thirty (30) days notice,
then the employee shall be paid in accordance with Section 11.8 above.
Section 11.10 Unavailability of Vacation. In the event the City denies an employee the opportunity
to take vacation, even though the employee submitted the vacation plan required by Section 11.2.1 and
11. 3, and the employee has reached the maximum accrual of vacation time, then the City will pay the
employee for days accrued but not taken in excess of the maximum accruals allowed until the
employer permits vacation to be taken.
ARTICLE 12 — Holidays
Section 12.1 Official Holidays. The following are official holidays for all represented City
employees.
12.1.1
12.1.2
12.1.3
12.1.4
12.1.5
12.1.6
12.1.7
12.1.8
12.1.9
12.1.10
January 1
Third Monday in January
Third Monday in February
Fourth Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
The day following Thanksgiving
December 25
13
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
Collective Bargaining Agreement
between City of Pasco and MOE, Local 280
1/1/13 — 12/31/15
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 the first personal holiday after six (6) months of continuous
employment and have passed probation.
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 the first personal holiday after six (6) months of
continuous employment and have passed probation.
12.2.3 Seasonal employees who have been continuously employed by the City of Pasco for
six (6) months or more each calendar year shall be entitled to one (1) personal holiday at their regular
rate of pay.
12.2.4 The employee shall give fourteen (14) days notice of the requested personal day off.
Approval shall be subject to staffing or emergency requirements of the division/department.
Section 12.3 When any of these holidays falls on the first scheduled day of rest, it shall be observed
by the employee as a holiday on his /her last preceding regularly scheduled work day. When any of
these holidays fall on the second scheduled day of rest, it shall be observed by the employee on his /her
next succeeding regularly scheduled work day.
Section 12.4 Authorized holidays falling during an employee's vacation period shall not be counted
as vacation leave taken.
Section 12.5 — Working the Holiday. An employee who works on a holiday will be paid a premium
of 1.5 times the regular rate of pay (holiday premium) for all hours worked. In addition to the holiday
premium, the employee shall be paid for eight (8) hours for the holiday (paid holiday). Holiday means
one of the designated holidays in Article 12.1. Note: holiday premium pay is not overtime and
therefore cannot be subject to the compensatory time benefit.
Floating personal holiday at employee's choice. Only available if employee has been continuously
employed by the City for more than six (6) months and has passed through probation. This personal
holiday will not carry over to the following calendar year.
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. Administrative Order No. 226 as written, or as subsequently
amended or revised will apply to employees represented by this agreement.
14
Collective Bargaining Agreement
between City of Pasco and lUOE, Local 280
I /1113 — 12/31/15
Section 13.3 Medical Leave without Pay. Upon application of a 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 Act (FMLA)
13.4.1 Administrative Order No. 231 of the City Manager, originated November 22, 1993,
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 FMLA 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
Order No. 231. Any conflict between a provision of this Agreement and Administrative Order No. 231
shall be resolved in favor of the language of this Agreement.
Section 13.5 General Leaves of Absence.
13.5.1 Unpaid Leave. The City Manager 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 Military 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 shall
be reinstated in the position held at the time the leave was granted, if the position is still remaining, or
in a position of similar responsibility. Only the employees advanced to fill the temporary vacancies
created by the leave of absence shall be affected and, in each case, shall return to the jobs they left.
Employees who are granted a leave of absence shall not lose their established seniority.
13.5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280
shall not lose his/her 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 long as the City deems practical.
ARTICLE 14 — Classification and Wages
Section 14.1 Rates of Pay. (See Wage Schedules.)
2013: $400.00 one -time flat dollar amount (all non - seasonal /currently represented
employees as of the date of ratification).
2014: 1 % wage increase. (As of the first full pay period in January 2014.)
15
Collective Bargaining Agreement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
2015: 1 % wage increase. (As of the first full pay period in January 2015.)
14.1.2 Certification premiums will be effective the first full pay period following full
ratification of this agreement
14.1.3 Re seasonal employees: Each seasonal employee after completion of his sixth (e)
month of work will be credited an additional eight hours regular pay upon request, in the following pay
period or on his final paycheck. This incentive shall in no way create or cause an overtime pay claim
by the employee or other employee(s) that pay period nor shall it be counted toward working hours.
Section 14.2 New Employees. The City, at its discretion, may hire a new employee at no higher
than Step Three if s/he has a two -year college certificate. In an applicable field, or Step Five if s/he has
a four -year college degree in an applicable field.
Section 14.3 Certification/Incentive Pay. Whenever any water treatment plant operator, waste
water treatment plant operator or any employee required to maintain a water distribution manager
certificate or waste water collections specialist certificate holds a state issued certificate higher than the
minimum required by the city for that classification, or if a heavy equipment operator demonstrates on
an annual basis, journeyman capability on all three major pieces of equipment (backhoe, front end
loader and road grader) as determined by the Division Manager. That employee shall be paid an extra
twenty cents ($0.20) per hour per pay period for this over - certification. Any employee in the
bargaining unit, other than the Parks Maintenance Foreman, required to obtain and/or maintain a valid
Public Operators' Pesticide License shall be paid an extra ten cents ($0.10) per hour for this
Certification. Those Groundsman I employees who have received pesticide/herbicide certification pay
in the past will continue to be eligible for the Public Operators' Pesticide License pay. Any
Groundsman I employed after January 1, 2002, will not be eligible for this certification pay.
Section 14A Overtime. Overtime work shall include only that work performed by represented
employees at the direction of their Department Director or Division Manager, or his authorized
representative, and shall be as follows:
14.4.1 Effective the date last written below, time worked in excess of eight (8) hours per day
and/or forty (40) hours in a designated seven -day work period, shall be paid at time and one -half of the
regular rate. In addition, other than as provided in Section 9.3, time worked on a sixth or seventh day
of actual work in a seven day work period shall be paid at one and one -half the regular rate. Except for
paid holidays "hours worked" shall not include any paid or unpaid leaves, or any hours worked at an
overtime rate of pay. The work week shall not be lengthened solely to take advantage of an employee's
illness; vacation or holiday so as to avoid overtime pay. Overtime will be distributed equitably among
those employees who normally perform the work.
Compensatory time may be granted in lieu of overtime pay. Compensatory time will be administered
pursuant to Administrative Order No. 279, originated August 27, 1986, including an amendment
thereto that the city reserves the right to pay off the accumulated compensatory time of any employee,
at any time, at the then prevailing rate.
14.4.2 An employee who is called back to work from off the work site shall receive pay at
the overtime rate of time and one -half (I %2) for all hours worked. Employees called out who are not
16
Collective Batga=g Agreement
between City of Pasco and IUOE, Local 280
1/1/13 - 12/31/15
carrying a cell phone shall also receive a call out premium pay of forty dollars ($40.00). This section
shall not apply to employees who are held beyond the completion of their shift.
14.4.4 The shift differential premium for swing and graveyard shifts shall be fifty ($ .50)
cents an hour and shall be considered a part of base pay. This differential shall not apply to employees
who are entitled to premium or overtime pay for such work.
14.4.5 Whenever an employee's shift hours are changed to accommodate emergency snow
removal (see Section 9.8), the employee shall receive call -out pay.
14.4.6 Within the Facilities Division, at least one bargaining unit employee shall be
permitted (normally at their option, but may be required by the employer) to work at any location
requiring any number of seasonal/temporary employees performing bargaining unit work beyond the
scheduled end of shift, except: 1) when such seasonal /temporary employees are performing custodial
duties or the mowing of grass or 2) on weekends or holidays if the hours of work assigned to the
respective seasonal/temporary employees are their regularly scheduled hours and the work assigned is
within the scope of their regularly assigned duties.
14.4.7 Qualified Facilities Division bargaining unit employees shall have the option to work
beyond regularly scheduled hours to perform authorized repair of Facilities Division equipment
excluding vehicles) when, in the sole discretion of the supervisor, said repairs can be performed in the
time period available, would not interfere with the performance of regular duties of the respective
employee, and the overtime cost of the repair is not expected to exceed the labor cost associated with
other repair options available to the employer.
Section 14.5 Paid Meal. Employees called back to work from off the work site or held beyond the
end of their normal shift, shall be eligible for reimbursement of up to ten dollars ($12.00), upon
submittal of a bona fide receipt, for the cost of a prepared meal under the following conditions:
14.5.1 Call back work must be for four (4) or more continuous hours.
14.5.2 Held over work must be for two (2) hours or more continuous hours.
Time utilized for such meals shall not be compensable unless the employee is required to remain on
duty as described in Section 9.4.
Section 14.6 Cellular Phone. The Employer and any employee may mutually agree that the
employee will accept stand -by assignments and carry the cellular telephone. Said employee will be
paid a premium (not included in base pay for overtime purposes) in the amount of three dollars ($3.00)
per hour, effective 1 /1 /O6.
14.6.1 Should an insufficient number of qualified employees volunteer for stand by duty
one week rotation), the Union agrees that the manager may create an on call list including all
applicable employees in the division(s). The City agrees that 12 persons (excluding Water & Waste
Water Treatment Plant employees) volunteering for stand by for filed calls would be a sufficient
number. In addition, water treatment operators will take stand by on a rotating basis, excluding the
Chief Operator who shall only be responsible for stand by for coverage for Water Treatment Plant staff
17
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/13 — 12/31/15
on vacation/sick leave /emergency leave. However, the Chief Operator may place himself in the
rotation for stand by.
14.6.2 Each employee on stand -by will be in a location when outside of their regular shift
hours where that employee can be reached by a pager or cellular telephone assigned to the employee
by mutual agreement) for emergency call -in purposes and respond to the site of their respective
workplace no later than thirty (30) minutes from the time the call was received. The pager or cellular
phone shall be furnished to the employee at no cost to the employee. Use of the cellular phone or
pager is authorized for no other purpose than to receive and/or respond to an emergency call -in. An
employee on stand -by who becomes sick or has such emergency arise that he or she is unable to
respond to a call -in shall call their Manager or the Manager's designee in order that the Manager can
then exercise management judgment in such emergency conditions.
14.6.3 Stand -by can be traded between employees rotating the assignment of the pager or
cellular telephone within their respective division with prior notice and approval from the appropriate
division Manager.
14.6.4 The rotating stand -by lists will be prepared by the appropriate Division Manager and
updated by the Manager as needed.
14.6.5 The employee shall not be required to be assigned on stand -by during the employee's
scheduled vacation unless the employee so consents.
Section 14.7 Headquarters/Travel. Employees shall travel from work site to work site on City
time and shall report to the department headquarters where they are regularly employed, although they
may be assigned to work within any department covered by this Agreement. When an employee is
assigned to work in a division in which he/she is not regularly employed, shall report to the
headquarters for that division while on temporary assignment. Meals may be taken at the nearest
location where sanitary facilities are available or at the employee's division headquarters.
Section 14.8 Pay Period/Payday. The City will pay employees on the basis of twenty -six (26) pay
periods per year and payday will normally be every other Friday. If a payday falls on an authorized
holiday, every effort will be made to pay employees on the preceding business day. Existing paycheck
stub information showing the employee's accrued vacation and sick leave, and amount of regular and
overtime hours worked, will continue to be provided by the City.
Section 14.9 Relief from Duty. Except due to disciplinary action, an employee who reports to a
normally scheduled shift and is relieved from duty prior to the normally scheduled end of his/her shift,
shall receive a minimum of four (4) hours pay, inclusive of hours actually worked.
Section 14.10 Temporary Assignment. Any employee covered by this Agreement working out of
classification shall be paid the rate of one dollar ($1.00) per hour above his regular rate of pay for the
first hour and for each additional working hour thereafter until relieved of the temporary assignment.
Working out of classification means the employee is required to perform substantially all of the
essential job functions of the higher classification.
18
Collective Bargaining Agreement
between City of Pasco and NOE, Local 280
1/1/13 — 12/31/15
ARTICLE 15 — Insurances
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. The City may deduct such premium amount from the employee's paycheck on a
regular basis.
15.1.1 Effective 01/01/2014: The Non - Represented medical insurance premium, medical
insurance premium cap and medical plan (e.g., coverage, deductibles, maximum out of pocket
amounts, etc.) will be followed.
15.1.2 Prescription card benefit. Effective 01/01/2014: The Non - Represented prescription
card benefit will be followed.
15.1.3 Wellness program benefit: $200.00 /covered person (employee & dependents) at
100 %, not subject to deductible. Remaining wellness covered at 50% (includes $50.00 emergency
room co -pay). Effective 01/01/2014: The Non - Represented wellness benefit will be followed.
Notwithstanding; the above, in the event state or federal legislation requires the Employer to make
changes in the group medical benefits provided employees during the life of this Agreement, the
Employer reserves the right to make the required changes, provided, however, the employer provides
the bargaining representative with at least thirty (30) days advance notice of the change(s) and further
provided that, either the employer 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 employer or the employee for the employee, their spouse and
dependents by providing the other with written notice within fourteen (14) days receipt by the
bargaining representative of the notice from the 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 their dependents. Effective 01/01/2014: The Non - Represented dental benefit will be followed.
Section 15.3 Insurance Carrier. The City retains the right to select the carrier for any or all of the
above coverages 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.
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 %.
19
Collective Bargaining Agreement
between City of Pasco and 1UOE,1 oml 280
1/1/13 — 12/31/15
ARTICLE 16 — Occupational Injury/Illness
Section 16.1 Eligibility for Sick 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 leave 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 RCW.
16.1.2 Employees who suffer an occupational disease and are unable to perform the essential
functions of their job due to such occupational disease, may elect to receive time loss compensation
exclusively, leave payment exclusively, or a combination of time -loss compensation and 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 in cases where an employee has exhausted all accrued leave and is on leave without 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 who 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 employee shall endorse the initial L &I time -loss payment to the City, within 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 their payroll accruals or future paychecks.
16.1.3.2 Employees shall endorse over to and deliver to the City any L &I time loss payment
covering the payroll period where the sick leave is paid. When the City receives 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 entitled to both payments
without any deductions for the time loss payment.
16.1.5 Should an employee apply for time loss compensation and the claim is then or later
denied, accrued leave may be used for the absence.
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Collective Bargaining Agreement
between City of Pasco and WOE, Local 280
1/1/13 — 12/31/15
16.1.6 The provisions of this section do not restrict or prohibit the employer from
interpreting otherwise, nor interpreted so as to provide an employee with any right or privilege to
exhaust sick leave or other leave benefits prior to termination.
16.1.7 Employees receiving time loss compensation from Labor and Industries are separated
from the regular City payroll and ineligible for regular payroll benefits except as those provided by
FMLA or any other applicable federal or state law.
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, resolution or administrative order
ARTICLE 17 — Training
Section 17.1 Maintenance of Certification.
17.1.1 Employees required by the City to maintain a valid Washington State Public
Operators' Pesticide License shall receive training at City expense.
17.1.2 Employees required by the State of Washington and the City to maintain certification
in water distribution or operation and sewer plant operation, as a condition of their employment, shall
be offered training in addition to safety and first -aid training, at City expense, sufficient for the
employee to earn at least the minimum number of CEU's required to maintain their State Certification
for the position the employee holds for the City.
17.1.3 "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. The cost of
registration and required materials, and the actual cost of transportation (if outside the Tri-Cities area).
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 the FLSA.
17.1.4 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
pay the employee's mileage at the then current prevailing Federal (IRS) mileage rate.
ARTICLE 18 — Transfers, Force Reduction and Rehire
Section 18.1 Layoff/Bumping. In the event of a layoff, the employee with the shortest length of
continuous service in the job classification affected shall be laid off first. Employees being laid off
may choose to transfer to an equal or lower pay classification within the bargaining unit, provided that
the employee meets the minimum job qualifications for the position, including the passage of any
written and practical tests which would be given to an applicant for the position were it otherwise
open, and providing that the employee has more seniority than the employee occupying said
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Collective Bargaining Agreement
between City of Pasco and .JOE, Local 280
1 /1 /13 — 12/31/15
classification, and providing that the City can provide sufficient operations. The Union shall have the
right to make a written recommendation, to management explaining its views on the relative
qualifications of the affected employee(s). The Union and the employer agree that, in the event of a
layoff of an employee that is currently classified as a Heavy Equipment Operator, that employee
would, without testing, meet the minimum qualifications for a Light Equipment Operator's position;
and that a Groundsman I would, without testing, meet the minimum qualifications for a Groundsman II
position; and that any employee in the bargaining unit in a position above Utility Maintenance Worker,
who possesses a current CDL, is minimally qualified, without testing, for the Utility Maintenance
Worker position. Minimum job qualifications means those qualifications reflected in the then current
job description of the job classification.
Section 18.2 Seniority Retention. Employees laid off due to force reduction will retain their
established seniority for two (2) years. Seniority shall be considered broken if an employee is offered
re- employment and refuses the same. Employees rehired before the two (2) years, will receive credit
for sick leave accrued but not taken or cashed out at termination, upon being rehired. Employees
rehired before the two (2) years will receive credit for sick leave accrued but not taken or cashed out at
the time of layoff, upon being rehired. Prior service shall be counted for vacation purposes.
Section 18.3 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.
Section 18A Transfers/Training/Break -in Period. When an employee is transferred to any
position to which s/he has no previous experience, s/he shall be given a reasonable break -in period
with an experienced person in that position. If an experienced employee is temporarily assigned to
replace another employee, s/he shall be paid the amount for that classification or job assignment, but
not less than the employee's current rate of pay.
The City shall have the right to assign individuals to cross- training, not to exceed six (6) months in
duration. Probationary employees may be involved in a mandatory cross- training program which is in
addition to the cross- training program addressed in this article.
Any employee interested in cross - training shall submit a written request to his supervisor. Upon
approval, and based on the needs of the City, said employee shall be cross- trained. Upon approval of
the cross - training request, the employee who is being trained will be provided the approximate length
of time involved for the purpose of the training and the training expectations.
ARTICLE 19— Safety
Section 19.1 Responsibilities. The City will provide safety measures and safety rules to minimize
accidents and health hazards to the employees during the hours of their employment. The Union agrees
to cooperate with the City to the end that the employees will use such safety equipment when so
provided and observe such safety and health regulations as provided by the City.
In addition, the Union agrees that the City will designate each operator to be responsible for inspecting
the equipment he /she operates on a given day and will report to his/her supervisor any defects or
needed maintenance.
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Collective Bargaining Agreement
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Section 19.2 First -Aid Training. The City and Union recognize the first -aid obligations imposed
upon the employer and employee by WAC 296 - 800 -150. At least annually the City will offer first -aid
classes for employees on City time. Employees have an obligation to participate in first -aid courses to
maintain first -aid certification. However, this obligation can be fulfilled via voluntary completion of
appropriate courses offered by other groups and institutions.
Section 19.3 Equipment/Uniforms. The City, at its expense, will provide and make available, as
needed, all necessary personal equipment to assure safety and to assist in the proper performance of
designated work. Such basic equipment to be provided by the City includes, but is not limited to the
following:
Orange safety vests. Hard hats.
First aid kits in each vehicle. Rain coats and pants.
Overboots.
Employees shall be responsible for the safe keeping of such equipment. Employees shall use this
equipment in accordance with rules and regulations promulgated by the Department of Labor and
Industries and confirmed by the City Manager. In addition, the City, at its expense, will furnish and the
employee shall wear an appropriate uniform consisting of the following:
19.3.1 A City Hat. An employee shall wear no other hat, if wears a hat, while in the
performance of his/her duties, except that a clean, plain, neutral color baseball style cap may be worn.
Alternate headwear may be worn if approved by management. No logos of any kind shall be permitted
other than the City logo.
19.3.2 Pants. Employee shall be required at a minimum to wear a clean pair of pants or blue
jeans every two (2) working days. The City will provide clean uniform pants or blue jeans on an as
needed basis.
19.3.3 Shirt. Employee shall be required to report to work wearing a clean shirt each day.
Short or long sleeve shirts will be provided at the employee's option. Employees shall be provided a
compliment of eleven (11) shirts. In addition, the Parks Maintenance Division employees shall, at their
request, be provided four (4) T -shirts which may be worn during the summer months of June through
August on hot days in lieu of a regular uniform shirt. Employees shall be responsible for laundering T-
shirts provided by the City.
19.3.4 Coveralls. Two pairs of coveralls per employee will be provided by the City. The
City will provide clean coveralls on an as needed basis. Employees may have the option to select
eleven (11) pairs of coveralls in lieu of all other clothing allotments.
The City's name, the department's name, and the employee name shall appear on the employee's shirt.
The City's name will appear on the employer provided hat. No logo or name shall appear on the
employee provided hat, if any. The City will provide replacement articles as reasonable wear and tear
dictates. Lost articles of clothing will be replaced at employee expense.
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
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ARTICLE 20 — Seniority
Section 20.1 Continuous Service. Employees shall have their seniority determined by their total
length of continuous service with any department 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
establish the position on the seniority list.
Section 20.2 No Accrual During Probation. The first six (6) calendar months following the date
of employment shall constitute a probationary period, during which time seniority shall 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 Transfers. City employees within the departments covered by this Agreement will be
given first consideration for lateral transfers and promotions to higher classifications within the
bargaining unit. If an examination is given to determine qualifications, the examination shall be based
exclusively on the tasks to be performed for the position to be filled. If the qualifications of applicants
are equal, seniority shall govern. All those meeting the minimum announced qualifications for the
position in question will be permitted to compete in the selection process. The City acknowledges the
value of having uniform examinations for each job classification and will test employees, where
necessary, using only standardized examinations which apply to the job classification.
Section 20A Posting of Job Openings. The posting of all job openings approved by the City
Manager shall follow the creation of opening of vacancy and job vacancy shall be posted on the
department and division bulletin boards for a period of at least five working days. The City shall strive
to fill such vacancies within thirty (30) days after the posting of such vacancy.
Section 20.5 Promotion/Demotion - Supervisory Position. In the event an employee covered
under this Agreement is promoted into a supervisory position not covered by this Agreement, he /she
will continue to earn seniority in the classification from which he/she was promoted for the first six (6)
months in the supervisory position. After six (6) months, the employee will no longer earn seniority in
the classification. In the event the employee is later demoted, he /she cannot use his/her seniority to
bump the person then occupying his/her former position.
ARTICLE 21— Commercial Drivers License (CDL)
Section 21.1 Reimbursement for Costs. The City shall reimburse employees for the following
costs incurred by the employee to maintain his/her CDL and the endorsements required for his/her job
duties.
License testing fees.
License fee, exclusive of regular basic driver's license fee.
The City shall arrange for and pay up front the cost of the required physical exam (that location
designated by City), however, in the event the employee, after taking the physical exam, terminates
their employment with the City prior to passing the necessary tests and paying the required testing and
licensing fees to maintain their CDL, the cost of the physical may be deducted from the employee's
final pay check.
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Collective Bargaining Agreement
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Section 21.2 Maintenance Responsibility. The employees shall each be responsible to maintain
their CDL with the endorsements necessary for their job duties on their own time. In the event the
employee's CDL becomes invalid, then said employee shall be responsible for all costs incurred to
reinstate his/her CDL and required endorsements.
Section 21.3 New Employees. Employees hired on the condition that they obtain a CDL within a
time certain, shall be reimbursed by the City for their out -of- pocket costs for the required physical
exam, test and license fees to obtain the required CDL and endorsements, but only if they are
successful in obtaining the CDL in a timely manner and pass their probationary period of employment.
Section 21.4 Motor Vehicle Accidents. Employees shall inform their employer as required by law,
of all motor vehicle accidents in which they are involved, any conviction for a criminal traffic offense,
and shall sign a release authorizing the City to obtain a certified copy of their driving record from the
Department of Licensing on at least an annual basis.
Section 21.5 CDL Law Changes. If, during the period of this contract, the law substantially
changes regarding CDL's, this Article is open to re- negotiation at the request of either party.
ARTICLE 22 — Smoking Restrictions
The City may institute reasonable rules concerning the prohibition of smoking in confined areas where
it may bother employees or citizens who do not smoke.
ARTICLE 23 — Americans with Disabilities Act
Notwithstanding any other provision of this Agreement, the employer may take all actions necessary to
comply with the Americans with Disabilities Act.
ARTICLE 24 — Substance -Free Workplace
Administrative Order No. 65A, dated August 28, 1992, concerning a substance -free workplace, is
incorporated herein by this reference.
ARTICLE 25 — Implementation of Changes Upon Ratification
Benefits of this contract (including any retroactive provisions) shall only apply to those members who
are employed with the City on the effective date of the contract.
OR
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/13 — 12/31/15
Dated at Pasco, Washington, this day of - J 2014.
City of Pasco
Matt Watkins, Mayor
ATTEST:
i , 0 /-
De ra L. Clark, City Clerk L
IUOE, Local #280
Debbie Hendrick, Business Manager
1timi
Corey tratton, President
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Steve Davidson, Business Representative
Don King, Re rding /Secretary
n
Bill Maxwell, SteNN&ld
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Collective Bargaining Agreement
between City of Pasco and lUOE, Local 280
1/1/13 - 12/31/15