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HomeMy WebLinkAbout1151 ResolutionRESOLUTION NO. 1151 WHEREAS, the International Union of Operating Engineers Local Union No. 280 (hereinafter the "Union") and the City of Pasco and its Community Development Department, Public Works Division, and its Parks and Recreation Department, Park, Golf Course and Cemetery Divisions (hereinafter the "City") have been engaged in extensive collective bargaining sessions, and WHEREAS, the Union and the City have reached an accord with respect to a collective bargaining agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TH:E 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 Union, 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 21 day of 1978. ATTEST: ve yn Wells, Deputy City Clerk APPROVED AS TO FORM: Michael E. Cooper, City Attorney February Chet Bailie, Mayor 1978-1979 COLLECTIVE BARGAINING AGREEMENT Between THE CITY OF PASCO AND ITS COMMUNITY DEVELOPMENT DEPARTMENT - PUBLIC WORKS DIVISION: AND ITS PARKS AND RECREATION DEPARTMENT - PARK, GOLF COURSE AND CEMETERY DIVISIONS and . LOCAL UNION NO. 280 INTERNATIONAL UNION OF OPERATING ENGINEERS This Agreement is made and entered into by and between the CITY OF PASCO, WASHINGTON, hereinafter referred to as the "City", and LOCAL. UNION NO'. 280 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, hereinafter referred to as the "Union", which represents the bargaining unit employees within the Public Works Division of the Community Development Department and the bargaining unit employees within the Parks, Golf Course, and Cemetery Divisions of the Parks and Recreation Department. WITNESSETH: The City and Union recognizes harmonious relations should be maintained between them and with the Public. All will benefit by continuous peace, and by adjusting any differences which may arise by rational commonsense methods. Since it is unlawful to strike against the Government; we, therefore, give our unequivocal pledge that the Union will neither instigate., support nor condone a strike against the City of Pasco. ARTICLE.I TERM AND SCOPE OF AGREEMENT Section 1. This Agreement shall be and hereby does become effective January 1, 1978 andshall remain in full force and effect to and including December 31, 1979, and from year to year thereafter unless either party notifies the other party, not less than sixty (60) days prior to August first of any year of its desire to terminate or amend the same. Termination or amendment of the same shall be effective January first of the following year. The proposed changes which shall constitute the subject of negotiations for amendment shall accompany each such notice of intention to enter into negotiations for amendment. Without giving notice of termination, this agreement shall be subject to .such changes or modifications as shall be mutually agreed upon by the parties hereto, but such changes or modifications, if made, shall not be retroactive. 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. 1WM The parties acknowledge that each has had the unlimited right and opportunity to make demands and 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 agreed to waive the right to oblige the other party to bargain with respect 'to any subject or matter nor specifically referred to or covered in this Agreement. Section 2. It is understood and agreed that if, during the term of this Agreement, mandatory laws applicable to and in conflict with any of the provisions hereof shall become effective and thereafter govern the parties in respect to such conflicting provisions, then and in.the event this Agreement shall be subject to revisions by mutual Agreement of the parties hereto, covering changes in the provisions which conflict. Section 3. It is understood and agreed that nothing contained herein shall remove any rights and privileges now granted the employees or as recited in Ordinance No. 1306, as amended by Ordinance No. 1339 and Ordinance No. 1458. Section 4. It is understood by both parties that the terms of this Agreement shall not be applicable to supervisory employees, subject to the provisions of Article XIV, It is further understood that Supervisory employees will not work with tools unless the regular employee(s) who normally would perform the,work cannot be reached during an emergency. Supervisory employees shall include the Assistant Director - Public Works and the.Operations Engineer of the Community Development Department, and. the Assistant Director - Building & Grounds, and the Assistant Director - Recreation of the Parks & Recreation Department. ARTICLE II UNION MEMBERSHIP Section 1. All full-time regular employees of the City coming within the classifications covered by this Agreement shall, as of this date, be requried to share in the cost of maintaining and operating the Union as their collective bargaining agency, in accordance with its rules, and shall be members thereof in good standing; or pay to the Union an amount of money equivalent to the regular monthly dues of the Union. Commencing with the first of the month next following their date of employment, new full-time regular employees shall become members of the Union -or pay to the Union an . amount of money equivalent to the regular monthly dues of the Union. The foregoing provision shall not be construed as denying the Department the right to select any new employees. Further, not contained.in this section shall be construed to apply to part-time employees or temporary employees with less than six (6) months continuous employment. Section 2. The City will deduct membership dues and pay to Local 280 or a Local designated by 280 from the wages of all employees -3 - who, in writing, have authorized the City to do so and submit a monthly accounting of such deduction giving the amount deducted opposite the employee's name which assignment cannot be revoked within six (6) months or beyond the termination of this Agreement, whichever occurs first. Section 3. The City shall furnish bulletin board space for the use of the .Union for posting Union announcements and data. .Notices or bulletins which the Union intends to have posted will be routed by the Union through the City Manager's office for approval, which will,not be unreasonably withheld. ARTICLE III CLASSIFICATION AND WAGES Section 1. The salary schedule for all positions in the bargaining unit shall be shown on Exhibit "A" hereto. Section 2. Effective January 1, 1979, the 1978 monthly rates, as displayed in Exhibit "A", shall be increased by the percentage change in the Consumer Price Index (CPI), National Average, All -Cities, August 1977 to August 1978 (12 months) 1967 = 100, with a minimum of 4% and a maximum of the CPI, whichever is greater. Section 3. Exhibit "A" is hereby made a part of this Agreement. Section 4. For payroll purposes, the hourly rates will be computed as follows: Multiply the monthly rate by 12 months and divide by 2080 hours. All hours worked will then be paid on the basis of this effective hourly rate for each given classification. Section 5. The City, at its discretion, may hire a new -employee at no higher than Step 3 if he has a two-year college certificate in an applicable field, or Step 5, if he has a four-year college degree in an applicable field for the lowest classification covered under this Agreement, except that if no person is qualified for an opening in a higher classification, any new employee can start in such higher classification. Section 6. When any Water and/or Sewer Plant operator holds a State Operating Certificate higher than the minimum recommended or required by the State for that classification, he shall be paid an extra $5.00 per pay period. This provides the operators with an incentive to seek additional training which will be of benefit to the City. ARTICLE IV RECOGNITION Section 1. The City is engaged in public service requiring continuous operation and it is agreed that recognition of such -4 - obligation of continuous service during the term of this Agreement is imposed upon both the City and its employees, being members of said Local No. 280. Section 2. 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 interest 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 the service at all times. Section 3. The City retains the right to exercise discipline in the interst of good service and the proper conduct of its business. In the event.that there is disciplinary action where the employee's job may be in jeopardy or other penalty assessed, the Steward may be present at the request of the employee. Further, he or his representative shall be advised of the reason or reasons for such action. ARTICLE V MANAGEMENTS'S RIGHT CLAUSE Section 1, Any and all rights concerned with the management and operation of the departments are exclusive that of the City, unless otherwise expressly provided by the terms of this Agreement. ARTICLE VI GRIEVANCES AND ARBITRATION Section 1. Grievances. One of the purposes of this Agreement is to provide for the resolution of any employee's complaints or grievances promptly and equitably. Initiation of a complaint or grievance procedure may result from one or more of the following problems: a) If the employee believes he has been unfairly treated; b) If the employee disagrees with his superior as to the. application of a. policy for him; c) If the employee believes he has been unfairly disciplined, demoted., suspended or terminated. Initiation of any said procedure shall not subject the employee to discrimination, coercion, restraint, or reprisal as a result of, initiating such action. In resolving complaints or grievances;'.the. procedure shall be as follows: Step 1. The employee, together with the steward, if desired by the employee, shall discuss the grievance with his foreman or immediate supervisor within two (2) working days subsequent to the date of occurrence inasmuch as most problems can be settled promptly by informal discussion. The foreman or immediate supervisor shall, verbally, rule on the grievance within two (2) working days thereafter. However, in the event the employer, -5 - is not satisfied with the decision of the foreman or immediate supervisor, he may initiate the following additional procedure. Such procedure shall utilize the following steps which shall be commenced within six (6) working days subsequent to the date of the occurrence. Step 2. The employee shall in writing submit to the Division Supervisor, the facts upon which the grievance is based. The Division Supervisor within five (5) working days of the day of the receipt of the written statement of the facts, shall then notify the employee and the foreman or immediate supervisor of his decision in writing. However, whenever an employee's grievance is the result of a difference between himself and his immediate supervisor, the employee may initiate at this Step 2 by taking the problem directly to the Division Supervisor as outlined herein. Step 3. If the employee is not satisfied with the decision resulting from Step 2, the employee shall, in writing, submit his further appeal within fifteen (15) working days of the date of occurrence to the Department Head. The Department Head shall then review the facts. The Department Head within five. (5) working days of the date of the receipt of the written statement of facts, shall then notify the.employees, the foreman or immediate supervisor, and the division Supervisor of his decision in writing. Step 4. If the employee is not satisfied with the decision resultingfrom Step 3, the employee shall submit his further appeal which shall be in writing within twenty-five (25) working days of the date of occurrence to the City Manager. The City Manager, upon receipt of such appeal shall call a hearing on the issue within ten (10) working days following the submission of.such appeal. At such hearing, the employee and his representative, the Department Head and his representative, if desired, together with witnesses, if any, shall present the facts of the case before the City Manager or an impartial review board he may designate. The City Manager shall present his decision on the issue in writing to the employee and the Department Head within ten (10) working days of the date of the hearing. This decision shall be final, except and only when such grievance is the result of a dispute as to the application of this Agreement. This decision shall be final subject to the provision for arbitration as provided in this Agreement. Section 2. Arbitration. There may be a difference of opinion as to the interpretation of this Agreement and it is the desire of the parties hereto to have these adjusted as quickly and efficiently as possible to this and the following rules shall apply. All disputes between the Department and the Union concerning provisions of this Agreement not settled within sixty (60) days after the time they arise may be disposed of by arbitration in.the manner and form hereinafter provided. -6 - Either party may give notice of his intention to arbitrate and each party shall, within five (5) working days of service of such notice, name its representative. Such representatives shall, within five (5) working days, mutually agree upon a third and impartial person who shall act as Chairman, and the three persons shall constitute the Board of Arbitration. In the event of their failure to agree upon such third person, they shall cause notice to be given to the parties hereto, who shall, within five (5) working days, submit a list of five (5) names to the Chief Justice of the Supreme Court of the State of Washington with a request that he designate.from such list, such third person. In the event of the failure of either party to name its representative or to submit its list of five (5) names, the representative selected by the other party and the representative selected by the Chief Justice of the Supreme Court of the State of Washington shall act as fair and impartial arbitrators and proceed to hear the evidence and make their findings and shall in all respect possess and exercise the powers of the Board of Arbitration, and of the Chairman, thereof. It is understood by both parties that the arbitration hearings will be conducted in as short a time as possible and that the Chairman of the Board of Arbitration shall designate the time and place of the hearing, preferably in Franklin County, and cause due notice thereof to be given. Each party shall be given the opportunity to appear in person and/or by attorney, to produce witnesses and cross examine. The Board shall pass to the admissibility.of the evidence. Each of the parties hereto agree to produce all its books, records, or documents or any other material or certified copies thereof, which in the opinion of the Board of Arbitration is relevant to the issues in dispute. A majority vote of the Board shall constitute a decision and the same shall be published giving the reasons therefore. The decision of the Board shall be final and conclusive on the parties hereto, providing that the City Council shall have the power to affirm, amend, disaffirm, or modify said decision. Both parties hereto agree that from the inception of a dispute and pending the selection of the arbitrators and pending the decision of the Board of Arbitration, the subject matter of the controversy shall not be changed and the status quo shall in all respects be maintained. It is further agreed that each party shall bear the cost of its member of the Arbitration Board and that the cost of the third member and other expenses incidental to the arbitration shall be borne equally by the parties hereto. ARTICLE VII HOURS OF WORK Section 1. The following1hours of work, shifts, and lunch period shall be utilized. In addition, each employee shall be allowed ten (10) minutes cleanup time at the end of his shift, more time shall be allowed if the employee has been contaminated with chemicals, raw, sewage, etc.. Not more than fifteen (15) minutes breaks approximately at the mid -point of the first half of the shift and at the mid -point of the second half of the shift to be scheduled by the supervisor. a) "Standard Day Shift" 8:00 a.m., - 4:30 p.m., one-half hour lunch; except that Water Serviceman and Park Maintenance Personnel shifts shall be from 8:00 a.m., - 5:00 p.m., with one-hour lunch when the public can best be served by this schedule. b) Shift Work - Days 7:00 a.m., to 3:00 p.m. Swing 3:00 p.m., to 11:00 p.m. Grave 11:00 p.m., to 7:00 a.m. Irregular (such as street sweeper) c) Time shall be equalized into forty (40) hour work week, eighty (80) hour pay period. Eight (8) hours shall constitute full-time work day. An irregular shift is when the starting time is other than the standard day shift for which at least 48 hours advance notice shall be given by the Supervisor,_ except that if agreed by the employee, the notice can be waived or if there is an emergency condition. d) When convenient to perform specific jobs at an earlier hour and it is requested by the employees and accepted by management, no overtime shall be paid. (Regular pay for the first eight (8) hours worked.) e) When shifts other than recited above are proposed by the Supervisor, they shall be subject to review and approval by the City Manager and the.Union. ARTICLE VIII OVERTIME AND PREMIUM RATES Section 1. As a general rule, the requirements of frequent and considerable overtime service in:any department shall be considered evidence of under staffing or improper organization and shall be subject to investigation by the City Manager. Overtime work except by the Supervisors, shall include only that work performed by employees at the direction of the Supervisor, or his authorized representative, which exceeds standard work schedule and may be compensated as follows: a) Overtime shall be paid at the rate of one and one-half times the regular salary for: 1) Scheduled hours worked in excess of a scheduled full-time work day. 2) Scheduled hours worked on a scheduled day of rest. b) Overtime shall be paid at the rate of two times the regular salary for: 1) Call-in other than holidays with a minimum of two hours of working time allowed. 1 -8- 2) Sunday funerals with a minimum of two hours working time. c) Overtime shall be paid at the rate of one and one-half times regular salary in addition to regular salary for holiday work except that only straight salary in addition to regular salary will be paid to utility operation employees scheduled to and working any holiday. d) Shift differential for swing and grave yard Water Plant employees: 5 -man crew - $.15 per hour, 4 -man crew - $.50 per hour. . Section 2. The City agrees to post on the department's ,bulletin board, a record of earned overtime, together with unused sick leave time and vacation allowance. . Section 3. Meal time shall be 6:30 a.m., for breakfast; 12:00 noon or 12:00 midnight for lunch and 6:30 p.m., for dinner. Any employee called from his home at hours other than his regular hours shall be furnished a hot meal at the hour stated herein or as near these stated hours as practicable; except an employee called out shall work a minimum of two hours before a meal will be required. Meals required herein shall be at an eating establishment within the service area of the department. If it is found there is no available place open in which to eat, the department will compensate the employee $3.00 for each meal missed under such condition. The above shall apply to call -outs and non-scheduled over -time only. ARTICLE IX HEADQUARTERS Section 1. Employees shall travel from shop to shop on City time and shall report at shop headquarters in which they are regularly employed, although they may be assigned to work within any department covered by this Agreement. They shall have a meal period, however, at the nearest location where sanitary facilities are available. During inclement weather, as determined by the supervisor, such break may be permitted at the shop. ARTICLE X PAYDAY Section 1. The City shall make every.attempt and normally pay employees not later than noon every other Friday. If any payday falls on a holiday, the principal that the preceding days becomes a payday shall be followed. ARTICLE XI SAFETY Section 1. The City will provide safety measures and safety rules to minimize accidents and health hazards to the employees at the plant during the hours of their employment. The Union agrees tq cooperate with the City to the end that the employees will use such am safety equipment when so provided and observe such safety and health regulations as provided by the City. In addition, the Union shall select one non -supervisory person to be a member of the City's safety Committee and this person shall be expected to attend all formal Safety Meetings. In addition, the Union agrees that.the City shall designate each operator to be responsible for inspecting the equipment he normally utilizes on a daily basis and report to the supervisor any defects or needed maintenance. Section 2. The Union recognizes the City's obligation to train certain personnel in the methods of industrial first aid, as spelled out by the General Safety Standards of the State of Washington and further recognizes the City's past practice in administering first aid training to all employees covered by this Agreement. It is understood that employees participating in such courses, as outlined above, will not received compensation for time spent therein. Section 3. The City will provide employees with necessary personal equipment to assure their safety and to assist in the proper performance of their duty. Employees shall wear this equipment in, accordance with department rules and regulations which will be in accordance with Department of Labor and Industry recommendations and will be approved by the City Manager. In addition, when in the . opinion of the City, the employee has sufficient contact with the public so that he should be visually identified as a City employee for purposes of performing his duties on and off private property, the City shall furnish an appropriate uniform and the employee shall wear such uniform. in accordance with City regulations. ARTICLE XII RELIEF FROM DUTY Section 1. Employees relieved from duty during the first half .of the standard shift shall receive not less than one-half day's pay. If relieved .after having been on duty more than one-half day, they shall then receive a full day's pay. This clause will not apply to employees relieved from duty due to disciplinary action. Section 2. An employee who is called to and reports to work but is not put to work shall receive two (2) hours pay. Section 3. These sections shall not apply where Article VIII of this Agreement is involved, or in the case of a bonafide emergency. ARTICLE XIII TRAINING AND TEMPORARY ASSIGNMENT Section 1. Training. Employees within the same classification shall be given the opportunity to be trained (with no extra pay) on all jobs within his particular department on a rotating basis with the senior employee scheduled first for such training. -10- Subsequent refresher training shall continue on the same rotating basis. With seniority being the first consideration, the employee shall be trained for the next.probable promotional position within his respective department.. Upon written request, where practicable, an employee shall be given training outside his department to qualify him for future advancement in another department. Requests shall be honored on a basis of seniority as the prime consideration, where practicable. Section 2. Temporary assignment. A qualified employee placed on a temporary assignment to a higher classification shall receive compensation at the appropriate step in the higher classification during the temporary assignment, but not less than one step higher than his current rate of pay. In the event he is deemed by the City to be fully qualified or has worked at .least 100 hours in the position, the City may advance him to a higher rate, but not more than the same rate for other employees in the same classification. It is understood that employees temporarily acting in a supervisory capacity are covered by the terms of this entire section. ARTICLE XIV SICK LEAVE .Section 1. Upon application of a probationary or permanent employee, a leave of absence without pay may be granted by an appointing authority for the entire period of disability because of sickness or injury. Such leave need not be limited to one year, but the appointing authority, from time to time may require that the employee submit a certificate from the attending physician or a designated physician. Section 2. 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 twenty (120) working days. In order to be granted sick leave withpay,. an employee must meet the following conditions. a) Report to his department head, immediate supervisor or designated representative the reason for the absence, sick report must be made not later than two hours after beginning of the scheduled work day. b) Keep his department informed of his condition if the absence is of more than three (3) working days duration. c) If absence extends beyond three (3) working days duration, the employee will be required, at the option of the department head, to submit a medical certificate signed by a physician stating the kind and nature of the sickness or injury, that the employee has been incapacitated for work for the period of absence or quarantine or required to receive out-patient care and that he is again physically able to perform his duties. A -11- d) Permit the City to make a medical examination or nursing visit if the City deems it so desirable. The expense of such medical examination or nursing visit shall be paid by the City. Section 3. Leave with pay shall be granted by the department head up to a maximum of four (4) working days in any calendar year for each death in the immediate family, if any. All time off for a death in the family in excess of four (4) days in any one year shall be charged to sick leave. Such leave may be extended in special circumstances with the approval of the City Manager. Immediate family shall include only father, mother, father-in-law, mother-in-law, spouse, brother, sister, or children of the employee. Section 4. Employees shall be allowed up to four (4) working days sick leave for any one illness in the immediate family requiring his presence. However, the department head may require the employee to furnish satisfactory proof that such presence is, in fact, required. Immediate family shall include only father, mother, spouse, or children of the employee. The time off for such family illness shall be charged to sick leave. Section 5. Bonafide doctor and dentist appointments requiring not more than two (2) hours absence from work shall not be counted against accumulated sick leave. Section 6. Any employee found to have abused the sick leave privilege may thereupon be subject to dismissal upon recommendation of the department head and at the discretion of the City Manager. Section 7. At the option of the.employee, sickness in excess of the maximum number of days accrued may be charged to unused vacation. Section 8. The City shall make available medical and hospital insurance for its employees with the major medical coverage to be a total of $250,000 and shall pay the total premium. The City shall make available, as well pay for, a $2,500.00 life insurance policy for said employees. Section 9. The City shall make available a family dental plan as currently provided, the premiums of which are to be paid and maintained by the City. Section 10. Upon written authorization of the employee, the City will make payroll deductions for a Union approved eye -care plan. It is understood that the City will not offset any of the costs of such plan. ARTICLE XV ACCIDENT LEAVE Section 1. In the case of any disability which is covered by State Industrial Insurance or Workmen's Compensation, the City will pay to such disabled employee an occupational disability allowance equal to his regular straight time wages for the period of time -in -12 - which the employee has sick leave benefits, or in lieu of sick leave the employee may elect to receive State Workman's Compensation. The employee may also elect to receive State Workman's Compensation at the time he has exhausted his sick leave benefits. ARTICLE XVI HOLIDAYS Section 1. The following, and such other days as the City Council by Resolution may fix, are official holidays for all regular City employees. January lst being New Year's Day February 12th as being celebrated as Lincoln's Birthday. The third Monday in February as being celebrated as Washington's Birthday May 30th as being celebrated as Memorial Day The Fourth of July as being celebrated as Independence Day The first Monday in September as being celebrated as Labor Day November llth as being celebrated as Veteran's Day The fourth Thursday in November as being celebrated as Thanksgiving Day The day following Thanksgiving Day The 25th day of December, being celebrated as Christmas. Personal Holiday - At Employee's Choice When any of these holidays fall on the first scheduled day of rest, it shall be observed by the employee on his 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 next succeeding regularly scheduled work day. Section 2. Holidays observed during an employee's vacation period shall not be counted as vacation leave taken. ARTICLE XVII WArnTTMT Section 1. The employees shall earn vacation for each month of continuous service starting from the date of his permanent employment in accordance with the following schedule - 1 - to. 9 years 1 day per month 10 to 14 years 1 1/4 day per month 15 to 19 years 1 1/2 day per month 20 and over year's. 1 2/3 day per month -13 - Section 2. -Each employee at the time of leaving the employment of the City, except for any employee who is terminated for just cause or for retirement, shall have 25% of his accumulated and unused sick leave converted to and be added to any other accrued vacation time, or $1,200.00, whichever is lesser. Any employee who retires under the City's retirement plan shall have 50% of his accumulated and unused sick leave converted to and be added to any other accrued vacation time, or $1,500.00 whichever is the lesser. Section 3. Vacations shall be scheduled by the department head at times when they will constitute minimum conflicts with work schedules. Vacations will normally be taken in periods of at least one week's duration. However, the City Manager may authorize deviations from this.practice in special cases. When two (2) 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 with the longest service record shall be allowed the vacation at that time. Section 4. No vacations may be taken prior to the first six months of continuous employment. No accumulation of accrued vacation credit in excess of that the employee earns in a 2 -year period will be permitted. Section 5. An employee who is discharged for.any reason shall receive all accrued vacation.. Section 6. All the employees ofthe departments shall not be required to take their vacations at the same time. Section 7. If an employee requests additional vacation over that he has accrued, such request may be granted by the City Manager, without pay, and he may receive pay when earned. Section 8. Every consideration will be given to allowing full- time City employees summer vacations. Section 9. If an employee requests to work his earned vacation period, such request may be approved by the Supervisor and the City Manager, provided there is sufficient money available in the budget to offset the additional cost. Such a request will only be considered in the case of exceptional need. ARTICLE XVIII JURY DTITY Section 1. Any employee who is called for jury.duty, or is required to appear as a witness in a case to which he is not a party, shall be paid during his absence on account of such jury duty or witness service, his salary less the amount of jury or witness fees (exclusive of mileage) he is paid or is entitled to. -14 - ARTICLE XIX TRANSFERS, FORCE REDUCTION AND REHIRE Section 1. 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, providing that the employee has held a permanent job in that job classification with the City or has proven qualifications, as solely determined by the. City, that determination shall be non- grievable, and that the employee has more seniority that the employee occupying said clAssification, and that the City can provide efficient operations. In addition, in the event of layoff of an employee that is currently classified as a Heavy Equipment Operator that employee could transfer to a Light Equipment Operator's position without previously holding that position providing that he has more seniority; also a Groundsman I can transfer to a Groundsman II or Groundsman III position and a Groundsman II can transfer to a Groundsman III without previously holding that position providing the person transferring has more seniority. Section 2. 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 he refuses the same. Employees rehired before two (2) years will receive credit for sick leave accrual upon being rehired and all prior service shall be counted for vacation purposes. Section 3. Employees who have been laid off who wish to return to work shall keep the City advised of their current address. ARTICLE XX CITY INITIATED TRANSFERS Section 1. When an employee is transferred to any position in which he has had no previous experience, he shall be given a reasonable break-in period with an experienced man in that position. If an experienced employee is temporarily assigned to replace another employee, he shall be paid the amount for that classification or job assignment. ARTICLE XXI LEAVE OF ABSENCE Section 1. The City Manager may authorize unpaid leave of absence up to a maximum duration of one year, except in the case of a leave necessitated by involuntary conscription or recall to duty in the Armed_Forces of the United States, in which case the leave may extend to cover the full period of conscription or recall. Upon expiration of such regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee to report for duty promptly at the expiration of such leave shall be regarded as voluntary resignation. , L -15- Section 2. Upon expiration of an approved leave of absence or sick leave, an employee shall be reinstated in the position held at the time the leave was granted. 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 leave of absence shall not lose their established seniority. Section 3. Any employee appointed or elected to office in Local Union No. 280 shall not lose his established seniority with the City when granted leave of absence upon application. Leave of absence under this.clause shall be limited to one year except that the City may grant extentions in increments of one year for as long as the City deems practical. ARTICLE XXII SENIORITY Section 1. Employees shall have their seniority determined by their total length of continuous service with any department covered by this Agreement. In cases where two 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 2. The first ninety (90) days of employment shall constitute a probationary period, during which time seniority will not apply. Section 3. Senior City employees within the departments covered. by this Agreement will be given first consideration for transfers or promotions to higher classifications. 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 relatively equal, seniority shall govern. It is understood by the parties hereto that if examination are utilized, they shall be given to all those applying for the promotion. The City acknowledges the value of having uniform examinations for each job classification and will work towards the preparation of standardized examinations. Section 4. Posting of all job openings shall immediately follow the creation of a vacancy and the filling of the•job openings shall be completed within thirty (30) days of the selection of the employee subject to budgetary limitations. Job vacancies shall be posted on the department bulletin boards for a period of at least seventy-two (72) hours and employees shall have the opportunity to apply therefor with final selection being based on Article XXII section 3 above. Section 5. In the event an employee.covered under this. Agreement is promoted into a supervisory position not covered by this Agreement, he shall continue to earn seniority in the classification from which he was promoted. In the event the employee is later demoted to a lower classification and/or position, his latest earned seniority shall be compared with the employee(s) currently occupying the classification and/or position to determine who shall fill such position. " -16- ARTICLE XXIII RETIREMENT Section l..Employees attaining the age of 65 shall be retired on the first day of the calendar month next succeeding his birthdate. However, the City Manager, upon recommendation of the department head, shall have the privilege of extending the time for retirement of any such employee until his attainment of an age not exceeding the age of 67; provided, that any such extension shall not increase the retirement age of such employee in excess of one year at a time. The employee's retirement benefit status, his capability to perform the duties of the job classification and the availability of qualified applicants to fill the job classification will be considered in any review prior to the approval of any such extension. DATED AT PASCO, WASHINGTON, this day of 1978. INTERNATIONAL UNION OF CITY OF PASCO OPERATION ENGINEERS, LOCAL.280 PASCO, WASHINGTON LM Claude M. Thompson, Business Manager President Recording Corresponding Secretary By: George D. Smith, City Manager ATTEST: By: Leo E. Olney, Ex Officio City Clerk EXHIBIT "A" 1978 I.U.O.E. SALARY SCHEDULE SALARY Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 GRADE NO. POSITION TITLE 1-6mo. 6-12mo. 13-24mo. 25-36mo. 37-48mo. 4 year 45-P 35-P 32-P 28-P 25-P NOTE 1: NOTE 2: NOTE 3: f Foreman 1291. 1317. 1341. 1365. 1389. 1413. Chief Groundsman 1151. 1175. 1199. 1223. 1247. 1271. Chief Mechanic Chief Sewer P1. Operator Groundsman I 1103. 1127. 1151. 1175. 1199. 1223. Heavy Equipment Operator Mechanic Meter Repairman Sewer Plant Operator Water Plant Operator Groundsman II 1055. 1079. 1103. 1127. 1151. 1175. Light Equipment Operator Meter Reader Warehouseman Water Serviceman Groundsman III 1008. 1032. 1055. 1079. 1103. 1127. Utility Plant Operator At initial employment pay at Step 3 may be given if the person has a 2 -year certificate or at Step 5 if the person has a 4 -year degree in an applicable field from a recognized college (not applicable to management level The starting date to compute step raises for promotions or for new employees shall be the first of the month subsequent to the date of promotion or new hire, except that if such promotion or.hire is on the first day of any month, that day shall be considered the starting date. Any promotion shall result in at least a one-step salary adjustment but not less than the starting pay for the job.