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Home My WebLink About0472 Resolutionr t V RESOLUTION NO. 4726�0��) i A RESOLUTION ADOPTING A LABOR AGREEMENT WHEREAS, The City Council of the. City of Pasco is desirous. of entering into a labor agreement with the American Federation of State, County and Municipal employees, Local 779, and WHEREAS, said agreement is attached hereto and is by this reference made a part hereof as though set forth in full herein, NOW, THEREFORE, THE CITY COUNCIL OF THE, CITY OF' PAS.CO DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco hereby approves and adopts the Labor Agreement attached hereto.. Section 2. The City Council of the City of Pasco hereby authorizes the Mayor to sign and the City Clerk to attest said, Labor. Agreement. Section 3. The Labor Agreement shall become effective on the adoption of this Resolution by the City Council of the City of Pasco. PASSED by the City Council and APPROVED by the Mayor this 20th day of September, 1960. Mayor ATTEST: City Clerk Approved as to form: City Attorney COMMERCIAL PRIN ING — QUALITY and SERVICE Presented by: PAT MORGAN r2 LABOR AGREEMENT GENERAL PURPOSES OF AGREEMENT: The general purpose of this agreement is in the mutual interest of the City of Pasco and employees of said city, hereinafter mentioned, and to secure for the City of Pasco and the employees, the full benefits to be derived from orderly and collective-bargaining.. 'WHEREAS, the Parties hereto desire to establish the standards of hours of labor, rates of pay and other conditions under which the covered employees shall work for the employer,. =the City of Pasco, and desire to regulate the mutual relations .be.tween,the.,Parties hereto during the life of this agreement. It is specifically._underst.00d .arid- agreed, .,.411 provisions herein are subject to existing laws, and if any provision,is held or found -to be in conflict with the laws relating hereto.- said provision shall be null and void and shall not bind either of the' Parties therein. NOWs THEREFORE, this agreement entered into this day of 1960, by and between the City of Pasco, hereinafter referred to as the Employer,.and Local 779, American Federation.of State, County and Municipal Employees; hereinafter referred to as the Union. ARTICLE I. UNION RECOGNITION. (a) Sole bargaining..agency and exclusions: The Employer agrees to recognize the 'Union as the sole bargaining.agency for its employees in the field force excluding firemen and police officers, Department heads, fore- men, office help, part time employees, -or employees earning $200.00 per month or less, and temporary seasonal employees. (b) Membership: It is understood by the employer and the Union that all employees covered by this agreement are or.will become members of the ,,Union and.will remain members in good standing during the terms of this agreement. Any employee failing to do so shall be taken out of service after a period of three months at the written request of the Union. (c) Positions of Hire and Fire: Any individual having the`right to hire or fire may become.a member of the Union if he so desires. Such membership shall not be mandatory. " -1- (d) Employees who are presently within two years of,retirement shall be excluded from the provisions of this section. ARTICLE II.. UNION -MANAGEMENT R1ELATIONS. (a) All Collective Bargaining.with respect to wages, hours of labor and working conditions as well as.any other conditions of employment shall. be conducted by authorized representatives of the Union and,the Authorized, representatives of the City of Pasco. (b) Agreements reached between the Parties to this agreement shall become effective only when signed by the President of .Local 779, the authorized representative of the American Federation of State, County. and Municipal Employees, AFL-CIO, and -the authorized representative of the City of -Pasco. (c). .Ninety days prior to.adopt,ion of:the budget, Union and Employer shall -meet jointly to discuss wagerates for employees covered under this. agreement. (d) A study shall be made of an'adequate Health.Insurance Program for those employees covered'.by'this'Agreement Theestudy shall.be con-. ducted by, a'committee of three members appointed by the Union and three . members appointed by the Employer. Th,e. recommendation.of such a study shall be presented to the Council,. and shall be''.put into',effect as.soon as possible. ARTICLE III. SHOP STEWARDS. (a) A shop steward shall be elected by,the Union membership of each department. Every steward shall perform work for the Employer to the same extent as other employees. However, a steward may take reasonable time off from his regular duties when an employee (or group of employees) desire.to take up with the steward any matter which is believed to be in violation of this Agreement. (b) There shall be no discrimination against the shop steward.for, his Union activities. ARTICLE IV.- .ADJUSTMENT OF COMPLAINTS. (a) Should there be any dispute, complaint or grievance arising as . to the interpretation of this. agreement -or if,an employee feels he has been unjustly dealt with', the -shop steward in the department affected, shall, together with the employee *.and his immediate supervisor, attempt' to reach an understanding. Such attempts at reconciliation shall be made not later than five -days from time of difference. Within five.days there- after the Immediate supervisor shall, submit his answer to the -'shop steward and the employee.. (b) ' Should the Union decide that reply of the immediate supervisor is unsatisfactory, a Union grievance-commttee,shall.within five days submit. the facts of the dispute to the Department Head in writing. The Department Head shall within five days submit -.his decision in writing to the Union. (.c) Should the Union decide. that.theareply of the Department Head is unsatisfactory, the Union shall within five days submit the facts to the City Council. The':parties shall arrange`a..meeting between the Union representatives (limit, not more than -three) and the City Council within five days, for negotiations of the issue. ARTICLE V. HIRINGS AND DISCHARGES. (a) The employer.retairis the ----right to hire, suspend or discharge any employee but agrees to state the reason for such suspension or dis-. charge upon 'request of the employee: ;. (b) If the employee who has been..suspended or discharged.believes he has-been unjustly dealt with and requests.the Union to represent him, such suspension or discharge will.be.taken up as in'Article IV. If it is decided that the bmployee was unjustly dealt with, he shall be rehired or reinstated with no loss' in pay. article vii hours of.labor. (a) _Work Week. Eight hour`s per day with five days per week shall constitute the work week. Time and a half -shall be paid for time worked in excess of eight hours per day.or forth hours per week. (b). Hours of work shall be mutually agreeable to both Employer and Union. (c) Employees shall receiveypay on City time whenever practicable. ARTICLE VII. LEGAL HOLIDAYS. (a). 'The following shall be observed holidays: NEW YEAR"S DAY 'WASHINGTOW S BIRTHDAY r MEMORIAL DAY FOURTH OF JULY LABOR DAY VETERAN'SDAY THANKSGIVING:DAY CHRISTMAS DAY (b) Any work performed 'on thebeforementioned holidays shall'be paid for at the rate of double time. '(Two tunes the 'regular rate of pay.) ARTICLE VIII. VACATION AND SICK tEAVE. (a) . Vacations. Every .employee 'of -the City -of .Pasco. coming under the provisions of this agreement'sh411, after.'serving the City for a period of six consecutive months, be entitled to a vacation allowance with full time pay at the rate of one day per month served. Such vacation shall be at such time or times as may be directed by the head of'.the department with which the employee is.employed. Every such employee who has not served six consecutive months because.of illness or military service, shall nevertheless be entitled.to the vacation provided in this section, after having served six months, even though -said six months are . not served consecutively. After having served the.City fora period of ten consecutive years$ -vacation time shall be accrued at the rate of one and one-quarter working days per month. (b) Said vacation allowed shall be taken in year following year earned, but in no event shall exceed fifteen working days.. Present accumulations of vacations must be taken by December 31, 1961. (.c) Said allowed .vacation may at the option of the employee be added to the sick leave hereinafter provided for, but in no event shall sick leave be added .to -vacation time. (d) Every employee:of the City of Pasco who is unable to perform his duties by reason of illness shall'be entitled after.six.months' service to.accumulate•?sick leave.with pay at the rate of -one day per month. The total accumulation of sick leave shall not exceed ninety work days at full pay. The City may demand.that an employee taking sick leave in excess of 3 successive days furnish a.physical report signed by a phy- sician, and shall notify his department head at the time of taking sick leave. L (e). Tranfer to.another. city department or,change in position shall not effect the accumulation-of'dick leave or vacation allowance. A-. regularnemployee reinstated to the same or another`.department after having been laid -off, shall be credited with all u-nused'sick.leave and vacation allowance accumulated prior to lay.,off. (f) The granting of sick leave and vacation allowance shall be within the discretion.of each department.head, provided, however, that the employee shall.have the right to action under.Articl'e IV in the event of a denial. Each -department head shall.make such reports and beep such records as .the City Council and the.Union shall mutually require. ARTICLE IR. PROMOTIONS AND SENIORITY. (a) Subject to provisions set forth in this Article, seniority and ability shall prevail when vacancies or new jobs occur. (b)'. Employees shall have been employed fora continuous period of six months before they,shall become regular employees entitled'to senior- ity rights; after six month's, seniority rights shall date from first employment. (c) Seniority shall terminate by discharge from service, or by voluntarily leaving the service. In case of vacancies or by the creating of new jobs or during cases of curtailments, seniority,shall apply so that the older employees be given,prefererice according to their qualifications. (d) On any layoff, the`last man hired shall be the first man laid off, the last man laid off, the first man rehired within same classification and same department. (e) In. the event that, an employee with the greatest amount of seniority does not elect to accept an available position with a higher rating, th.e,next.ranking employee in seniority shall qualify. If a permanent employee with six months services not available, the em- ployer may fill the position as he may see fit. (f) An employee who has refused.a position,- shall not have the right to displace the holder of..said.posision (g) A classificat°ion of positions.shall.be established with stan- dardizatior of wages therein. (h) In the event of a question as to the capability or qualifications of an employee for a position .of higher classification, the matter shall be first taken up with the employer. If a decision satisfactory to the employee isnot reached,.he may -follow the procedure established in Article IV. .ARTICLE X. NO DISCRIMINATION. (a) The parties to this agreement.shall agree that they shall not discriminate against a person because of race,.creed or color, and that such persons shall receive full protection of the provisions'of this. agreement. (b) No person shall be discriminated against for upholding Union principles. ARTICLE XI. TERMINATION OF AGREEMENT. 1. EFFECTIVE DATE: This Agreement shall become effective as of 1960.. . 2. TERMINATION: This Agreement will .remain in effect for one calendar year. At the end of.the calendar year, either party may.terminate this Agreement provided such termination is transmitted'through'the U.S. Mails to the responsible signatories to this agreement. 3.. RENEWALS: Should.neither party to.this Agreement send a notice of termination as described in Section 2 of this article, this Agreement will be considered to have been automatically renewed for another calendar year. 4• CHANGES: Should either party to.this,Agreement wish to inaugurate• collective bargaining discussions involving proposed changes to the Agree ment, itis agreed that notice of the substance of the changes and th'e'.. language which such desired:.-changes.:are to --be expressed shall be mailed to the authorized parties-signatory'to.the Agreement thirty days before the Anniversary Date. Both parties agree to.make every effort to hold a common meeting as soon as possible:-It;,is understood that nothing -in this section of the Agreement shall be construed to prevent either party from presenting proposed changes,-addition.s or deletions, at -,the meeting for consideration and agreement by.the'other.•party, even though the Ic substance of the Agreement hasn't- been submitted in writing by either party to the other, 5. Should any provisions of this.Agreement be found to be in violation-of any Federal, State or Local law, in the-opinion of the Pasco City Attorney, all other provisions of this Agreement shall remain.in full force and.effect for.the duration of this Agreement. Dated this- day of. , 19 . • SIGNED FOR THE UNION SIGNED FOR THE CITY OF PASCO . o PRESIDENT,, LOCAL 779 MAYOR REPRESNETATIVE, COUNCIL .2', AFSC & ME AFL-CIO