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HomeMy WebLinkAbout1141 ResolutionRESOLUTION NO. 1141 WHEREAS, the Pasco Police Benefit Association (hereinafter the "Association") and the City of Pasco (hereinafter the "City") have been engaged in extensive collective bargaining sessions, and WHEREAS, the Association and the City have reached an accord with respect to a collective bargaining agreement; NOW, THEREFORE, BE -IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to execute a collective bargaining agreement with the Association, said agreement to be substantially in the form as the one attached hereto and by this reference incorporated herein. PASSED by the City Council this 19 day of December, 1977. Ja idrick, Mayor AT T: E,e a s, Deputy City Clerk APPOVED AS TO O Michael E. Cooper, lVity Attorney 1 9 7 8 COLLECTIVE BARGAINING AGREEMENT Between CITY OF PASCO AND PASCO POLICE BENEFIT ASSOCIATION This agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the "Employer" and the Pasco Police Benefit Association, hereinafter referred to as the "Association WITNESSETH: It is recognized that continued harmonious relations is essential between the Employer and the Association. It is the intent of the Association to maintain the past excellent relationship and meet any differences which may arise in a rational, commonsense manner. ARTICLE I RECOGNITION The Employer recognizes that the Association is the exclusive bargaining agent for all the employees of the Police Department below the rank of Lieutenant. ARTICLE II TERM AND SCOPE OF AGREEMENT Section 1. This agreement shall become effective on January 1, 1978, and shall remain in full force and effect to and including December 31, 1978, and from year to year thereafter unless either party notifies the other party, not less than sixty (60) days prior to August lst of 1978 of its desire to terminate or amend same. Section 2. The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter 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 voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered by this Agreement. Page two Collective Bargaining Agreement ARTICLE III MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Department are exclusively that of the Employer, unless otherwise provided by the terms of this Agreement. The Association recognizes: 1. The prerogatives of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and powers; and 2. That the Employer reserves these rights.concerning management and operation of the Department which includes, but are not limited to the following: a. To recruit, assign, transfer or promote members to positions within the Department; b. To suspend, demote, discharge or take other disciplinary action against employees for just cause; c. To control the Department Budget. 3. To take whatever actions are necessary at all times in order to assure the proper functioning of the Department. ARTICLE IV PERFORMANCE OF DUTY Neither the Association, its officers or agents, nor any of the employees covered by the Agreement will engage in, encourage, sanction, support or suggest any strikes, slow downs, blu flu, speed-ups, mass resignations, mass absenteeism, the willful absence from one's positions, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the.rights, privileges or obligations of employment. In the event that any employee violates this article, the Association shall, upon becoming aware of the situation, immediately notify any such employees in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. Page three Collective Bargaining Agreement ARTICLE V GRIEVANCE PROCEDURE A .Grievance shall be defined as a dispute or disagreement raised by an employee or group of employees against the Employer involving the interpretation or application of the specific provisions of this Agreement. It is specifically understood that any disputes regarding matters governed by Civil Service rules or statutory provisions shall not be considered grievances and not subject to the grievance procedure hereinafter set forth. Nor shall any disciplinary actions which may be appealed to the Civil Service Commission be considered grievances and subject to the grievance procedure herein. Grievances, as herein defined,.shall be processed in the following manner: Step 1: If the employee cannot resolve the grievance with his immediate supervisor, which he shall attempt to do, informally, such employee or group of employees may notify the Grievance Committee of the Association, in writing, setting forth'the nature of the grievance, the facts on which it is based, the provision of the Agreement allegedly violated, and the remedy sought. The Grievance Committee shall meet within three (3) days and find if a valid grievance does in fact exist. If no valid grievance is found to exist no further action is necessary. Step 2: If the Committee finds a valid grievance does exist, its finding in writing, along with the original request of the employee or group of employees shall be forwarded to the Chief of Police for adjustment, but in no event any later than fifteen (15) calendar days from the date the employee(s) knew or should have known of the occurrence giving rise to the grievance. The Committee, along with the employee(s) shall be present when the grievance is presented and discussed with the,Chief. Step 3: If -within five (5) working days of submission to the Chief of Police the grievance has not been settled the matter maybe mutually extended for a period not to exceed a second five (5) working days. If after the first five (5) days period or mutually agreed second five (5) days period no settl.ement has been reached the matter shall then be submitted in writing, within fifteen (1,5) days from the original request by the employee or group of employees to the City Manager for adjustment. Step 4: The City Manager upon receipt of notification of appeal shall call a hearing within ten (10) days. At such hearing the employee(s) shall present a case based upon the facts on which it is based, the provision of the Agreement allegedly violated and the remedy sought as outlined in Step 1. Witnesses may be called at the request of either party or the City Manager. The City Manager may designate an impartial review board as an alternative to hear the matter. The City Manager shall present his decision in writing to the employee(s) and the Chief of Police within thirty (30) calendar days of the date of.the hearing. The decision of the City Manager will be final. Page.four Collective Bargaining Agreement ARTICLE VI DAYS OFF EXCHANGE Employees shall have the right to exchange days off when the exchange does not interfere with the best interests of the Police Department. Requests for exchanges in days off will be made forty-eight (48) hours in advance of the day requested and subject to the approval of the Chief of Police'or his designee. ARTICLE VII SICK LEAVE Section 1. It is understood that sick leave is solely for the purpose of illness or injury when the employee is unable or unfit to report to work. A doctor's certificate may be required by the Chief at his discretion. Section 2. Any bonafide short term illness which exceeds five (5) working days and results in absence from work shall be grounds for application to the Disability Board for short term disability coverage. Employees in the bargaining unit under the LEOFF System shall not accrue sick leave because of protection otherwise available. Section 3. Any employee not eligible for coverage under LEOFF shall receive sick leave coverage in accordance with PMC 2.42.300-360. Section 4. Employees hired on or after October 1, 1977 shall recei.ve sick leave coverage in accordance with PMC 2.42.300-360. ARTICLE VIII OVERTIME The Employer's current practice with respect to overtime shall be continued during the term of this Agreement. Overtime shall be compensated in accordance with PMC 2.42.450. Overtime worked due to call-back but which is not an extension at the beginning or end of a normal shift shall be paid a,minimum of three (3) hours at the overtime rate. Overtime due to time in,Cour;t;shall be paid a minimum of three (3) hours at the overtime rate. Training time shall be paid at employee's straight time rate with a minimum of two (2) hours.. Page five Collective Bargaining Agreement ARTICLE IX BEREAVEMENT Leave with pay shall be granted by the Police Chief in the event of a death in the immediate family of an employee. An employee shall be granted up to four (4) working days for a death in the family and may be extended_by approval of the City Manager. The immediate family shall be defined as spouse.and children of the employee; grandmother, grandfather, mother, father, brother, sister of the employee and those of the employee's spouse. ARTICLE X DENTAL PLAN The Employer shall continue coverage under Great -West Life for both the employee and family and contribute toward premiums for such coverage during the term of this Agreement. Any cost in premiums above $16.50 per month shall be borne by the employee. ARTICLE XI HOURS OF WORK The hours of work for employees in the bargaining unit shall be in accordance with PMC 2.42.410 as administered by the Employer. ARTICLE XII CLOTHING ALLOWANCE All uniforms, protective clothing or protective devices required of employees in the performance of their duties shall be furnished to the employee by the Employer. The cleaning of the said clothing shall be furnished at no cost to the employee. Section 1. Replacement of uniforms shall be made at the rate of one pair of approved footwear and two articles of clothing per year. Replacement of cold weather jackets and coats will be replaced on an as needed basis. Section 2. Equipment and/or clothing lost, stolen, destroyed or damaged in the line of duty and without neglect on the part of the employee will be replaced by the Employer without recrimination, cost or charge to the employee. Clothing and equipment provided by the employee shall be purchased and maintained with due regard to employee health and safety. Page six ` Collective Bargaining Agreement Section 3. For those employees required to wear plain clothes in the course of their assigned duties the Employer shall contribute $250.00 per year toward the purchase of replacement clothing as well as provide for cleaning. It is understood that those who are assigned in these capacities shall not be granted those privileges as listed under Section 1 of this Agreement, the $250.00 shall be administered by the Chief of Police or his designee. ARTICLE XIII WORKING OUT OF CLASSIFICATION Any employee covered by this Agreement working out of classification for more than one-half shift shall be paid the rate of pay for the higher classification for the full shift. The out of classification rate paid to the employee will be based on the difference in base pay of the two classifications. ARTICLE XIV HOLIDAYS AND VACATIONS Section 1 - Vacations. The current practice of the Employer with respect to regular vacation accrual shall be amended as follows. The five (5) listed holidays will be added to the regular accrued vacation. New Years Day Lincoln's Birthday Washington's Birthday Christmas Day Floating Holiday With the addition of the five (5) for an employee to accrue vacation years rather than the existing two Section 2 - Holidays. In addition following six 6 listed holidays be made on the first pay period in Memorial Day Independence Day Labor Day Veterans Day. Thanksgiving Day Day after Thanksgiving January lst February 12th 3rd Monday in February December 25th At Employee's Choice holidays as vacation it will be permissible time for a total of two and one-half (22) (2) years. to the five (5) holidays listed above the will be paid. Payment for these holidays will December. Last Monday in May July 4th lst Monday in September November 11th' 4th Thursday in November 4th Friday in November All employees covered by this Agreement shall earn eight (8) hours straight time pay for each designated paid holiday. Upon separation from the Department for any reason, any employee that has accumulated holiday time shall be paid for time not taken at the prevailing rate. Page seven Collective Bargaining Agreement ARTICLE XV SALARIES Section 1. For contract year 1978 the salaries shall be in accordance with Appendix."A" attached hereto. This Agreement may be amended, providing both parties concur. Section 2 - Incentive Pay. Education incentive allowances will be ten dollars 10.00 per month for forty-five (45) credit hours; twenty dollars ($20.00) per month for ninety (90) credit hours; thirty dollars ($30.00) per month for one hundred and thirty-five (135) credit hours; forty dollars ($40.00) per month for one hundred and eighty (180) credit hours. Education allowance will not be added to the officer's base pay, but shall be paid after the police officer satisfactorily completes the credit hours as indicated for police -related educational courses, as approved by the Police Chief. ARTICLE XVI SAVINGS CLAUSE If any provision of the Agreement or the application of such provisions should be rendered or declared invalid by any Court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. DATED AT PASCO this �% day of � /, 19 PASCO POLICE BENEFIT ASSOCATION PRESIDENT PASCO POLICE BENEFIT ASSOCIATION CITY OF PASCO 1I zc__ APPENDIX "A" MONTHLY SALARIES - 1978 Position 1-1-78 7-1-78 Sergeant (2nd year) $1458 $1502 Sergeant (1st year) 1402 1444 Corporal 1346 1386 Patrol Officer (36 months) 1289 1328 Patrol Officer (24 months) 1233 1270 Patrol Officer (12 months) 1176 1211 Patrol Officer (6 months) 1119 1153 Patrol Officer (Entry ) 1063 1095 Clerk/Dispatcher (48 months) 965 965 Clerk/Dispatcher (36 months) 917 X917 Clerk/Dispatcher (24 months) 869 869 Clerk/Dispatcher (12 months) 820 820 Clerk/Dispatcher (Entry ) 772 772