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HomeMy WebLinkAbout1310 Resolution4p; . -4 z RESOLUTION NO. 1310 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 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 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 1979. f, ATTEST: Evelyn Wells, City Clerk APPROVED AS TO FORM: Iii, r � 0"'L4 I A A. k 0. 1 k �, Dennis J. De Fel' ce , City Attorney 17 day of December Chet Bailie, Mayor Z 1980 - 1981'- 1982. COLLECTIVE BARGAINING AGREEMENT between THE CITY OF PASCO 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 bargainingunit employees within the Public Works 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 recognize 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, 1980, and shall remain in full force and effect to and including December 31, 1982, 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. 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. 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 not specifically referred to or covered in this Agreement. - 2 - 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 previsions 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 negotiation between the parties hereto, covering changes in the provisions which conflict, in order to bring compliance with the law. Section 3. It is understood and agreed that, in accordance with the Pasco Municipal Code, where there is a conflict between any provisions of this Agreement and any provision of the code, the provisions of this Agreement shall govern. 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 4. It is understood by both parties that the terms of this Agreement shall not be applicable to supervisory employees. It is further understood that supervisory employees, in the normal course of duty, will not work with tools; this shall not apply when the regular employee(s) who normally.would perf orm the work cannot be reached during an emergency. Supervisory employees shall include the Assistant Director - Public Works; the Operations Engineer; the Assistant Director - Building and Grounds; and the Assistant Director = Recreation.- of the Parks and 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 be required 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, in lieu thereof, shall pay to the Union an amount of money equivalent to the regular monthly dues.of the Union; and these payments shall commence at 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 City the right to select any new employees, or to terminate probationary employees at any time without recourse to the grievance procedure. Further; nothing contained in this Agreement shall be construed to apply to part-time employees,, nor shall it apply to temporary and/or seasonal 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 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 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 •, t. 3 - operation of Article II(1), as long as such claims do not arise out of errors or negligence on the part of the City. 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.- Section ithheld: Section 4. For.purposes of collective negotiations for a successor contract, time off with pay during regular working hours is a privilege granted to no more than three (3) employees selected by the Union and whose names shall be made known to the City Manager -in advance of negotiations. 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. On the effective date of this Agreement, monthly rates, as displayed in Exhibit "A", reflect an increase over 1979 monthly rates of 10.0. percent. 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 twelve (12) months and divide by 2,080 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 t wo-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. The $5.00 premium per pay period shall also apply to employees in the Park• Department helding a valid dated pesticide/herbicide operator certificate. This provides the operators with an incentive to seek additional training which will be of: benefit to the City. 4 - ARTICLE IV RECOGNITION Section 1. The City is engaged in public service requiring continuous operation and it is agreed that recognition of such 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 interest 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 MANAGEMENT'S RIGHT CLAUSE Section 1. Any and all rights concerned with the management and operation of the departments are exclusively 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- 5 - Step I. . 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 employee 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 (S) 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, 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 isnot satisfied with the decision resulting from. 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, and the following rules shall apply: 6 - 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. Any demand. for arbitration shall be filed by the party seeking arbitration within thirty (30) calendar days after receipt of the City Manager's decision. While a demand for arbitration is being processed and the parties are awaiting the outcome of any hearing, all work shall continue by employees in the bargaining unit. 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, proceed to utilize the services and procedures of the American Arbitration Association (AAA) . 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 on 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. therefor. 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 N Section 1. Each employee shall be allowed at least ten (10) minutes cleanup time at the end of his shift; additional time, at the discretion of the Supervisor, shall be allowed if the employee has been contaminated with chemicals, -raw sewage, or other contaminants. Not more than fifteen (15) minute rest 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, shall be scheduled by the -.7 - Supervisor for all employees. The Standard Day Shift shall normally be 8:00 a.m, to 4:30 p.m. , with one-half hour non -compensable lunch period, except that Water Servicemen and Park Maintenancemen shall, at the discretion of Management, work from 8:00 a.m, to 5:00 P. m., including a one-hour non - compensable lunch period. Shift work shall encompass the following schedule: Days 7:00 a.m. to 3:00 p.m. Swing - 3:00 p.m. to 11:00 p.m. Crave - 11:00 p.m. to 7:00 a.m. Irregular (such as street sweeper and golf course park maintenance personnel) . Time shall be equalized into a forty (40) hour work week, eighty (80) hour pay period. Eight (8) hours shall constitute a full-time work day.. Forty-eight (48) hours advance notice shall be given by the Supervisor when the Supervisor assigns a new shift to an employee, except that, if agreed by the employee, the notice can be waived unless the Union raises a legitimate objection to such waiver if there is a bonafide emergency. When convenient to 'perform specific jobs at an earlier hour, and it is requested by the employees and accepted by Management, no overtime or shift differential shall be paid for the first eight (8) hours. of work. If revised shift schedules, other than for irregular work, are proposed- by . Management, they shall be subject,to review and -approval of the Union before implementation. ARTICLE VIII OVERTIME AND PREMIUM RATES Section 1. Overtime work_ shall include only that work perf ormed by represented employees at the direction of the Supervisor, or his authorized representative, which exceeds standard work schedule requirements pursuant to Article VII. Compensation for authorized overtime shall. be as follows: (a) One and one-half times the regular hourly rate of pay for hours worked. in excess of a scheduled full-time work day and for scheduled hours worked on a scheduled day of rest. (b) Two times the regular hourly rate of pay for duly, authorized call -ins other than holidays (as specified in this Agreement) , with a minimum of two hours of working time allowed for each such call-in. Employees called in may be required to work for two full hours on any call out of less than two hours duration. Call -ins shall include Sunday funerals, in which case, a minimum of two hours working time ,shall be compensable as overtime. - 8 - (c) Overtime shall be paid at the. rate of one and one-half times regular salary in addition to regular salary (2.5 times) for authorized holiday work, except that only straight salary in. addition to regular salary will, be paid to utility operation employees scheduled to work and actually working any holiday. Holidays as used herein refers to the designated holidays prescribed in this Agreement. (d) The shift differential premium for authorized swing and graveyard shifts, as defined in Article VII(l) , paragraph 3, shall be 25� per hour and shall not be considered as part of base pay for. computation of overtime, nor shall it apply to employees who are entitled to overtime pay for such work. Section 2. The City agrees to post periodically on the departments' respective bulletin boards, a record of earned overtime, a record of used and unused sick leave time and the vacation allowance which has accrued to date. Section. 3. Any employee called from his home at hours other than his regular hours shall be furnished a hot meal at intervals of four (4) hours, or as near thereto as practicable. Meals shall be at an eating establishment within the service area of the department, and.one-half (1/2) hour of non -compensable time shall be allowed at such eating establishment. If- it is found there is -no available place open in which to eat, the department shall compensate the employee, in lieu of meal, as follows: Brea kfa st: $3.00 Lunch: 3.50 Dinner: 5.00 An employee who works two hours overtime beyond his regular assigned shift shall be eligible for a hot meal under the. provisions of 'thi's section. 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. Nothing in this section shall deprive the City from the obligation of the employee to provide the, City with eight (8) hours of work for eight (8) -.hours of pay, subject to break or leave provisions authorized by the employer. 9 - ARTICLE X PAYDAY Section 1. The City will pay employees -on the basis of twenty' -six (26) pay periods per year and payday will normally be every other Friday. Hourly rates based on a 2,080 hour year will be used for payroll purposes. If a payday falls on an authorized holiday, every effort will be made to pay employees on the preceding day. ARTICLE XI . SAFETY Section 1. The City will provide safety measures and safety Pules to minimize accidents and health hazards to the employees at the plant 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 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 receive compensation for time spent therein. Section 3. 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. 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, when, in the oj.-dnion of the City, the employee has sufficient contact with the public so that h.r, should be visually identified as a City employee for purposes of performing his duties on and offprivate property, the City, at its expense, 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 st:andard shift shall receive not less than one-half day's pay. If relieved after hZving 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 d.scipl.inary action. •- 10- - 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 bona fide 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. 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. 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 Department Head to be fully qualified, or has worked at least 100 hours in the position, he may advance him to a higher rate, but not more than the same*. rate for other employees in the same classification. Employees temporarily acting in a supervisory capacity outside of the bargaining unit shall retain their benefits under this. Agreement. 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. 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 and twenty (120) working days, which computes' to 960 working hours. In order to be granted sick leave with pay, an employee must meet the following conditions: 11 - (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) Must keep his department supervisor informed of his condition if the absence is of more than three (3) working days duration. (c) If absence extends to three .(3) or more working days duration, the employee shall 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. (d) Must 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 our (4) working days in any calendar year for each death in the immediate family, if any. All time off for 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. 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 il.lnass 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. 12 - ARTICLE XV MEDICAL/DENTAL/LIFE INSURANCE Section 1. The City shall make available group medical and hospital insurance, the premiums -for which shall be at the City's expense, provided, however, coverage shall comprise a $5.0.00 deductible at the employee's expense. and the first $10,000 of expense outside of the deductible shall be on an 80 percent co-insurance basis, with the employee picking up.20 percent of the major medical expense. Expenses over $10,000 and up to $250,000, shall be 100 percent covered by the group insurance carrier. The City, at its expense, shall make available group term life insurance of $2 , 500, face value, for each employee. Section 2'. The City, at its expense, shall make available a group family dental plan. Unless otherwise agreed, such family dental plan will be under The West Coast Stationary Engineers Welfare -Fund dental program. Section 3. 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 XVI 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 which the employee has accrued sick leave time available,.or in lieu of the receipt of sick leave pay, the employee may elect' to receive only State Industrial Insurance. The employee'. may also elect to receive State•Indu-strial Insurance at the time -he has exhausted his sick leave benefits. ARTICLE XVII HOLIDAYS Section 1. The following are official holidays for all represented City employees: 1. January lst being New Year's Day. 2. February 12th as being celebrated as Lincoln's Birthday. 3. The Third Monday in February as being celebrated as Washington's Birthday. 4. The Fourth Monday in.May being celebrated as Memorial Day. 5. The Fourth of July as being celebrated, as Independence Day. 6. The first Monday in September as being celebrated as Labor Day. 7. November 11th as. being celebrated as Veteran's Day. 8. The fourth Thursday in November as being celebrated as Thanksgiving Day. 9. The day following Thanksgiving Day. 10., The 25th day of December, being celebrated as Christmas. 11. Personal Flol.i.6-: y - At Employee's Choice. - 13 - When any of these holidays falls ori the first scheduled day of rest, it shall. be observed by the employee as a holiday on his last preceding regularly scheduled work day. When any of these holidays falls on the second scheduled day of rest, it shall be observed by the employee on his next succeeding regularly scheduled work day. Section 2. Authorized holidays falling during an employee's vacation period shall not be counted as vacation leave taken. ARTICLE XVIlI VACATION Section 1. Employees shall earn vacation for each month of continuous service starting from.the date of permanent- employment in accordance with the following schedule: 1 to 9. years 10 to 14 years 15 to 19 years 20 years and over 1 day per month 1 1/4 day per month. 1 1/2 day per month . 1 2/3 day per month 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 percent of his accumulated and unused sick leave converted to and be added to any other accrued vacation time., or $1,284 for 1980; $1,374 for 1981; $1 , 511 for 1982; - whichever is the lesser figure. Any employee who retires' under the City's retirement plan shall have 50 percent of his accumulated and unused sick leave converted to and be added to any other accrued vacation time, or $1,575 for 1980; $1,650 for 1981; $1,800 for 1982; --whichever is the lesser figure., 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 (6) months of continuous employment. No accumulation of accrued vacation credit iri' excess of what the employee earns in a two-year period will be permitted. Section 5. An employee who is discharged for any reason shall receive pay for all accrued vacation. 14 - Section 6. Employees in the respective departments shall not be required to take their vacations at the same time. Section 7. If an employee requests additional vacation over what he has accrued, such request may be granted by the City Manager, without pay, and that employee may receive pay on a retroactive basis after the appropriate amount of vacation credit has been earned. Section 8. Consideration will be given to allowing full-time City employees summer vacations when practicable. 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. Section 10. 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 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 supervisor. Section 11. When an employee has scheduled vacation leave at least three (3) months prior to the time taken and the City cancels the vacation with less than seventy-two (72) hours notice, then the employee shall be paid in accordance with Section 10 above, Section 12. In the event the City denies an employee the opportunity to take vacation 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. ARTICLE XIX TURY DUTY. 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,. -Jess the amount of jury or witness fees (exclusive of mileage) he is paid or is entitled to. ARTICLE XX 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 r - 1S - 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 than 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 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 refuses the same. Employees rehired before two (2) years, will receive credit for sick leave accrued, but not taken,, upon being rehired. 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 Department Head advised of their current address. ARTICLE XXI CITY INITIATED TRANSFERS SSection 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 person 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 XXII 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. 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 XXIII 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 (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 2. The first one -hundred and eighty (180) days of employment shall constitute a probationary period, during which time seniority shall not apply. �3ection 3. City employees within the departments covered by this Agreement will be given -first consideration for transfers to 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 examinations are utilized, they shall be given to all those applying for the promotion. . The City acknowledges the value of having uniform examination's for each 'job classification and will work towards the preparation of standardized examinations. Section 4. The posting of all job openings, after declared by the City and approved by the 'City Manager, shall follow the creation of opening a vacancy and job vacancies shall be posted on the department bulletin boards for a period of at least severity -two (72) hours. The City will strive to fill -such vacancies within thirty (30) days after the posting of such vacancy. 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 employees) currently occupying the classification and/or position to determine who shall fill such position. ARTICLE XXIV RETIREMENT Section 1. Employees attaining the retirement age pursuant to State Law, shall be retired on the first day of the calendar month next succeeding his birthdate. However, if legally possible, the City Manager, upon recommendation of the Department Head, shall have the privilege of extending the time for retirement of any such employee. 17 - DATED AT PASCO, WASHINGTON, this day of 1979. INTERNATIONAL UNION'OF CITY OF PASCO OPERATING ENGINEERS, LOCAL 4280 PASC.O., WASHINGTON By: Claude M. Thompson, Business Manager. President Recording Corresponding Secretary By: Leland F. Kraft, City Manager. ATTEST: By: - - Evelyn Wells, City Clerk ` 12/12/79 NOTE 1: An initial employment pay at Step 3 may be given if -the person has a two-year•' certificate, or. at Step 5 if the person has a four-year degree in an applicable field from a recognized college (not applicable to management level) . NOTE 2: 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 firsts day of any month, that day shall be considered the starting date. NOTE 3: Any promotion shall result in at least a one-step salary adjustment, but not less than the starting pay for the job. EXHIBIT '"A." 1980 I.U.O.E. SALARY SCHEDULE Position . Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Foreman 1535 1563, 1592 1620 1649 1678 Chief Groundsman 1366 1395 1423 1452 1481 1508 Chief Mechanic Chief Sewer Pl..Operator Groundsman 1 1309 1338 1366 1395 1423 1452 Heavy Equipment Operator Mechanic Meter Repairman Sewer Plant Operator Water Plant Operator Groundsman 1I 1252 .1280 1309. 1338 1366 1395 Light Equipment Operator Meter Reader Warehouseman Water Serviceman Groundsman 1II 1196 1223 1252 1280 1309. 1338 Utility Plant Operator NOTE 1: An initial employment pay at Step 3 may be given if -the person has a two-year•' certificate, or. at Step 5 if the person has a four-year degree in an applicable field from a recognized college (not applicable to management level) . NOTE 2: 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 firsts day of any month, that day shall be considered the starting date. NOTE 3: Any promotion shall result in at least a one-step salary adjustment, but not less than the starting pay for the job. •EXHIBIT "A-1" WAGES 1981 = 1982 Effective. January 1, 1981, and effective January 1 ,. 1982, the monthly rates in effect on December 31 the year previous, shall be,increased by 80 percent. of the percentage change in the. Consumer Price Index (CPI) , National Average, All Cities (Revised Urban Wage Earners and Clerical Workers) , August 1979 to August 1980, and August 1980 to August 1981 (12 month periods respectively). 1967 = 100,with a maximum applicable CPI increase of 12.0%.' To this formula shall be added one percent. It is understood that this formula for 1981 and 1982 may generate a maximum wage increase of 10.6% in each of the years specified. (See example) . Exam le: CPI % CPI (Aug -Aug) 80% + 1% = Wage Inc. 96.7% 6% 4.8% + 1.0% 5,8%• 94.3% 7% 5.6% + 1.0% 6.6% 92.5% 8% 6,4% + 1.0% 7.4%• . 91.1% 9% 7.2% + 1.0% 8.2% 90.0% 10% 8.0% + 1.0% 9.0% 89.0% 11% 8.8% + 1.0% 9.8% 88.3% 12% 9.6% + 1.0% 10.6%