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