HomeMy WebLinkAbout4122 Resolution - IUOE Local No. 280 - 2022-2025 Collective Bargaining Agreement RESOLUTION NO. 4122
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE 2022-2025 COLLECTIVE BARGAINING AGREEMENT
WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 280.
WHEREAS, the City of Pasco Council has, pursuant to RCW 41.56, approved collective
bargaining agreements with the International Union of Operating Engineers (IUOE), Local No.
280 since 1970 for its Public Works, Park & Facilities Departments Local Union No. 280 staff;
and
WHEREAS, the last addendum to the IUOE, Local No. 280 Collective Bargaining
Agreement occurred in May 2019 effective from 2020 through 2021; and
WHEREAS, the negotiations commenced in July 19, 2021, with this 70-member
bargaining unit and after numerous contract language modifications were negotiated, which
provide greater clarity for management and the bargaining unit members, the parties reached a
tentative agreement on September 7, 2021; and
WHEREAS, on October 8, 2021 the IUOE Local No. 280 representative notified the City
that the membership voted to ratify the tentative 2022-2025 Collective Bargaining Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
That the Collective Bargaining Agreement with the International Union of Operating
Engineers, shall commence on January 1, 2022 through December 31, 2025; and
Be it Further Resolved the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute 2022-2025 Collective Bargaining Agreement with
the International Union of Operating Engineers, a copy of which is attached hereto, and
incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco.
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco,Washington this 1 Sth day of November,
2021.
s�r�-�
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
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.���f� ��.�-�. _ -
Debra Barham, CMC Kerr e son , LLC �-�l��
City Clerk City Attorney �'
Resolution—2022-2025 IUOE CBA- 1
�OLLECTIVE B ARGAINING AGREEMENT
CITY OF PASCO
&
�NTERNATIONAL UNION OF �PERATING
ENGINEERS, LOCAL 280
O 1/O 1/2022 - 12/31/2025
TABLE OF CONTENTS
TABLE OF CONTENTS 1
WITNESSETH 5
ARTICLE 1 —Recognition 5
ARTICLE 2—Term and Scope of Agreement 5
Section 2.1 —Term/Entire Agreement 5
Section 2.2— Severability 5
Section 2.3 — Supersedes Municipal Code/Administrative Policy 6
Section 2.4— Supervisory Employees 6
ARTICLE 3—Union Membership 6
Section 3.1 —Union Security 6
Section 3.2—Statement of Meaning 6
Section 3.3 —Dues 6
ARTICLE 4—Union Business 6
Section 4.1 —Negotiating Comrnittee 7
Section 4.2—Bulletin Board Posting 7
Section 43 —Union Business Agent 7
Section 4.4—Shop Steward 7
ARTICLE 5—Management Rights 7
Section 5.1 —Reservation of Rights "7
Section 5.2—Delineation 7
ARTICLE 6—Non-Discrimination 8
Section 6.1 8
Section 6.2 8
ARTICLE 7—Employee Responsibility/Discipline 8
Section 7.1 —Employee Responsibility 8
Section 7.2—Just Cause 9
Section 7.3 —Progressive Discipline 9
Section 7.4—Termination/Discharge 9
Section 7.5 —Appeal to Grievance Procedure 9
Section 7.6—Confidential 10
ARTICLE 8—Grievance Procedure 10
Section 8.1 —Purpose 10
Section 8.2— Scope 10
Section 8.3 —Retaliation Prohibited 10
Section 8.4—Procedure 10
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Collective Bargaining Agreement
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8.4.1 - Step 1 -Grievance to Division Manager 10
8.4.2 - Step 2-Written Grievance to Deputy Department Director 10
8.4.3 - Step 3 -Grievance Appeal 11
Section 8.5-Special Provisions 12
ARTICLE 9-Hours of Work 12
Section 9.1 -Breaks/Clean-up 12
Section 9.2-Work Schedules 12
Section 9.3 -Hours of Work 12
Section 9.4-Lunch Period 13
Section 9.5 -Work Week/Pay Period 13
Section 9.6-Non-Standard Shifts 13
Section 9.7-Irregular Shifts and Work Weeks 13
Section 9.8- Snow Removal and Control 13
ARTICLE 10-Sick Leave 14
Section 10.1 -Scope/Conditions 14
Section 10.2-Sick Leave Taken 14
Section 10.3 -Illness in Family 14
Section 10.4-Doctor and Dentist Appointments 14
Section 10.5-Fraudulent Use of Sick Leave 15
Section 10.6-Vacation Leave Option 15
Section 10.7-Termination 15
ARTICLE 11 -Vacation 15
Section 11.1 - Accrual 15
Section 11.2- Vacation Scheduling 15
Section 11.3 - Maximum Accrual 1 b
Section 11.4- Vacation Taken 16
Section 11.5 - Termination from Service 16
Section 11.6- No Mandated Vacation Shutdown 16
Section 11.7- Leave Without Pay 1 b
Section 11.8 - Vacation Leave Buyout 16
Section 11.9- Early Return to Work 16
Section 11.10- Cancellation 17
Section 11.11 -Unavailability of Vacation 17
ARTICLE 12-Holidays 17
Section 12.1 -Official Holidays 17
Section 12.2-Personal Holiday 17
Section 12.3 17
Section 12.4 18
Section 12.5 -Working the Holiday 18
ARTICLE 13-Other Leaves of Absence 18
Section 13.1 -Jury Duty 18
Section 13.2-Bereavement Leave 18
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Section 13.3 —Medical Leave without Pay 18
Section 13.4—Family Medical Leave Act (FMLA) 18
Section 13.5 —General Leaves of Absence 19
13.5.1 —Unpaid Leave 19
13.5.2—Military Leave 19
13.5.3 —Reinstatement 19
13.5.4—Union Office 19
ARTICLE 14—Classification and Wages 19
Section 14.1 —Rates of Pay 19
Section 14.2—New Employees 19
Section 14.3 —Overtime 20
Section 14.4—Paid Meal 20
Section 14.5—Cellular Phone 21
Section 14.6—Headquarters/Travel 21
Section 14.7—Pay Period/Pay Day 21
Section 14.8—Relief from Duty 22
Section 14.9—Temporary Assignment 22
ARTICLE 15—Insurances 22
Section 15.1 —Group Medical Insurance 22
Section 15.2—Dental Insurance 22
Section 15.3 —Insurance Carrier 22
Section 15.4—Group Life 22
Section 15.5 —Vision Care 23
ARTICLE 16—Occupational Injury/Illness 23
Section 16.1 —Eligibility for Sick Leave Bene�ts 23
Section 16.2—Sick Leave without Pay 23
ARTICLE 17—Training 23
Section 17.1 —Maintenance of Certification 23
ARTICLE 18—Transfers,Force Reduction and Rehire 23
Section 18.1 —LayoffBumping 23
Section 18.2—Seniority Retention 24
Section 18.3 —Employee Responsibility 24
Section 18.4—Transfers/TrainingBreak-in Period 24
ARTICLE 19—Safety 24
Section 19.1 —Responsibilities 24
Section 19.2—First-Aid Training 24
Section 19.3 —Equipment/Uniforms 25
19.3.1 —A City Hat 25
19.3.2—Pants 25
19.3.3 — Shirt 25
19.3.4—Coveralls 25
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19.3.5 —Safety Boot Allowance 25
ARTICLE 20— Seniority 26
Section 20.1 —Continuous Service 26
Section 20.2—No Accrual During Probation 26
Section 20.3 —Transfers 26
Section 20.4—Posting of Job Openings 26
Section 20.5 —Promotion/Demotion 27
ARTICLE 21 —Cammercial Driver License(CDL) 27
Section 21.1 —Reimbursement for Costs 27
Section 21.2—Maintenance Responsibility 27
Section 21.3 —New Employees 27
Section 21.4—Motor Vehicle Accidents 27
Section 21.5 —CDL Law Changes 27
ARTICLE 22—Smoking Restrictions 27
ARTICLE 23 —Americans with Disabilities Act 27
ARTICLE 24—Substance-Free Workplace 28
ARTICLE 25—Implementation of Changes upon Ratification 28
ARTICLE 26—Deferred Compensation 28
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Collective Bargaining Agreement
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COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "City", and Local Union #280 of the International Union of Operating Engineers,
hereinafter referred to as the"Union",which represents the bargaining unit employees within the Public
Works Deparhnent's maintenance and operations divisions and the bargaining unit employees within
the Parks and Facilities Division.
WITNESSETH:
The City and Union recognize harmonious relations should be maintained between them and the public.
All will benefit by continued peace and by adjusting any differences which may arise by rational
common sense methods. The agreements made herein are in keeping with that spirit of cooperation.
ARTICLE 1 —Recognition
The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive
representative for all the employees coming within the classifications covered by this Collective
Bargaining Agreement.
ARTICLE 2—Term and Scope of Agreement
Section 2.1 Term/Entire Agreement.This Agreement and the terms stated herein unless otherwise
specified, shall be and hereby do become effective on the date last written below when this agreement is
executed by both parties and shall remain in full force and effect until December 31, 2025. If a party
gives the other party notice in writing of the desire to enter into a subsequent or modified Agreement,
such notice will be given at least ninety(90)days prior to the expiration of this Agreement but no sooner
than one-hundred eighty(180) days.
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 matters 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 party voluntarily and unqualifiedly agrees to waive the right to oblige
the other party to bargain with respect to any subject or matter which is not specifically referred to or
covered in this Agreement.
Section 2.2 Severability. If any provisions of this agreement or the application of such provisions
should be rendered or declared invalid by court action or by reason of any existing or subsequently
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enacted legislation, the remaining parts and portions of this Agreement shall remain in full force and
effect. Any provisions declared invalid will be subject to immediate re-negotiation by the parties.
Section 2.3 Supersedes Municipal Code/Administrative Policy. It is understood and agreed that,
in accordance with the Pasco Municipal Code (PMC 2.42.540) 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 2.4 Supervisory Employees. Management pledges that supervisory employees, not part of
the bargaining unit,in the normal course of their assignment will not work with tools,except in the event
of a bona fide emergency where such"hands-on"help will prevent loss or damage to persons or property.
ARTICLE 3—Union Membership
Section 3.1 Union Security. All full-time regular employees of the City defined in Article 1,
coming within the classifications covered by this Collective Bargaining Agreement,may elect to become
members of the International Union of Operating Engineers Loca1280. Each new employee that elects
to become a member of the union will pay a representation fee equivalent to monthly union dues to the
Union following thirty(30) days of the employee's application of inembership or hire date.
Section 3.2 Statement of Meaning. The foregoing provisions shall not be construed to deny the
City the right to select any new employees, or to terminate probationary employees at any time without
recourse to the Discipline (Article 7) or Grievance Procedure (Article 8). The terms of this agreement
shall apply to part-time employees who work twenty (20) hours a week or more and for more than six
(6) consecutive months and shall apply to temporary-seasonal employees who work more than thirry
(30) days in continuous employment. All other employees shall be exempt from these provisions. (For
temporary-seasonal workers refer to Note 6 on Employee Wage Schedule.)
Section 3.3 Dues. The City will deduct membership dues and pay to Local #280 or to its designee
from the wages of employees who elect to become Union members. Deductions will be authorized in
writing by the employee. The City agrees to submit a monthly accounting of such deductions including
employee names and identifying each employee's deducted amount. Employees who authorize
deduction of dues may cancel this authorization by contacting the Union. The Union agrees to hold the
City harmless against any claims brought or issued against the City because of the operation of Article
3, as long as such claims do not arise out of errors or negligence on the part of the City.
The City shall submit written notification to the Union's Business Representative within twenty (20)
days of the employment, promotion out of bargaining unit or termination of any employee covered by
this Agreement.
ARTICLE 4—Union Business
Except as specifically provided, no Union business shall be conducted on City time, nor utilize City
facilities, supplies or equipment.
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Collective Bargaining Agreement
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Section 4.1 Negotiating Committee. No more than three (3) employees, shall be granted leave
from duty without loss of pay for all meetings between the City and the Union held for the purpose of
negotiating the terms of a contract, when such meetings take place at a time during which any such
members are scheduled to be on duty. The Union agrees to cooperate with the City in the scheduling of
such meetings at times with the least interference with such members scheduled work.
The negotiating committee members in order to prepare for negotiations with the City or the bargaining
representative with employees on union business, may meet after the employees' work hours and on
their own time at the Parks Departrnent or Public Works maintenance facilities.
Section 4.2 Bulletin Board Posting. The City shall furnish bulletin board space at each City
maintenance facility or building where bargaining unit employees perform work;for the use of the Union
for posting Union announcements and related material.
Section 4.3 Union Business Agent. The business agent of the Union shall be allowed admission to
the employer's place of business at any reasonable time during working hours for the purpose of
contacting the Union Steward or investigating conditions existing on the job, provided the agent first
notifies the Human Resources Manager and or relevant department director, subject to the provisions of
Section 4.4.
Section 4.4 Shop Steward. The Union shall have the right to set up regular shop steward meetings,
but there shall be no more than one shop steward per work group. The City shall be notified in writing
of the person so certified. Except for actual meetings with management to discuss adjustment of
grievances, or where special permission has been obtained from a Department Director (or his/her
designee), Union business will be conducted on breaks, lunch periods and employee time.
ARTICLE 5—Management Rights
Section 5.1 Reservation of Rights.The City retains and reserves all rights,powers,responsibilities
and authority conferred upon and vested in it by the Law and Constitution of the State of Washington
and the United States.
Section 5.2 Delineation.The Union recognizes that the City is legally responsible for the operation
of the Public Works Deparhnent's Maintenance and Operations divisions, and the Parks and Facilities
Division of the Administrative and Community Services Deparirnent. The City has the necessary
authority to discharge all of its functions and responsibilities to include the following,subject to the laws
above-mentioned and except as specifically abridged, modified or limited by the provisions of this
Agreement:
5.2.1 Establish, plan for, and direct the work force toward the organizational goals of City
government.
5.2.2 Determine the organization, necessity and level of activity or service provided to the
public.
5.2.3 Determine the City budget and financial policies including accounting procedures.
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5.2.4 Establish, regulate and administer a personnel system, which provides for all types of
personnel transactions including determining the procedures and standards for hiring, promotion,
transfer, assignment, layoff, discipline, retention and classification of positions with due regard to
fairness, objectivity, and uniform application.
5.2.5 To suspend, demote, discharge or take other appropriate disciplinary action for just
cause.
5.2.6 Determine the methods,means,equipment,numbers and kinds of personnel and the job
or position content required to accomplish governmental operations and maintain the efficiency and
safety thereof. Provided, however, in the event the City contemplates the subcontracting of work
normally performed by the bargaining unit, the City's obligations shall be to give the Union written
notice at least thirty (30) days prior to the decision to contract and to bargain with the Union over the
effects and impacts on the bargaining unit of the decision to contract out.
5.2.7 Determine and change the number and locations and types of operations;processes and
materials to be used in carrying out all City functions.
5.2.8 Assign work to employees in accordance with classifications and position descriptions,
and establish and change work schedules, except as restricted by this Agreement.
5.2.9 Relieve any employees from duty due to lack of work or insufficient funds.
5.2.10 Take all actions necessary to carry out the mission of the City in emergencies. An
emergency means any unanticipated event threatening the public health or safety.
ARTICLE 6—Non-Discrimination
Section 6.1 There shall be no discrimination against any employees because of union membership,
or non-union membership. In accordance with applicable law,the Employer,the Union, or members of
the Union shall not discriminate against any employee covered or not covered by this Agreement because
of race, creed, color,national origin, sex, age, religion,marital status or disability, except in the instance
where age, sex, sexual orientation, or absence of a disability may constitute a bona fide occupational
qualification under applicable law.
The Union agrees to work with the employer in instances of discriminatory or harassing behavior on the
part of represented employees.
Section 6.2 Whenever a male noun/pronoun is used in the Agreement it shall be construed to
include male and female employees.
ARTICLE 7—Employee Responsibility/Discipline
Section 7.1 Employee Responsibility. 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 interests and to prevent loss of tools and materials; and that they
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Collecrive Bazgaining Agreement
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shall cooperate with the City in promoting and advancing the welfare of the City and its service at all
times. The Union and its members give their unequivocal pledge that they will neither instigate, support,
nor condone a strike, work stoppage or slowdown against the City during the term of this Agreement.
Provided,however,except for emergencies,employees shall not be required to cross a legally sanctioned
(an AFL-CIO sanctioned)picket line against another employer, but in such cases the City may perform
the work by contract or by supervisors.
Section 7.2 Just Cause. The City shall not take disciplinary action against any employee without
just cause. The City retains the right to discharge new employees at will during or at the end of the
probationary period and the discharge shall not be made the subject of a grievance either by the employee
or the Union.
Section 7.3 Progressive Discipline. Discipline of non-probationary employees in circumstances
not warranting termination will normally follow a progressive disciplinary pattern with the objective of
correcting the problem. When deciding the degree of discipline,the City will take into consideration the
circumstances surrounding the incident(s),the severity of the offense, and the past work record and past
conduct of the employee. The City reserves the right to initiate discipline at any level depending upon
the severity of the occurrence. When meeting with a management supervisar or at any hearing where
discipline is being considered, the employee shall be entitled to be accompanied by a Union
representative.
Section 7.4 Termination/Discharge.In the event a discharge is under consideration:
7.4.1 An employee shall be provided, in writing, with a notice of the charges and an
explanation of the evidence supporting the employee's misconduct and the severity of the possible
discipline. The employee shall be given an opportunity to respond to the charges, before the City
Manager, as to why the proposed discharge should not be taken.
7.4.2 The employee may have a Union representative at the pre-discharge hearing, if
requested.
7.4.3 The City's explanation of evidence at the pre-discharge hearing should be sufficient to
apprise the employee of the basis for the proposed discharge action. This rule, however, should not be
construed to limit the employer, employee or the Union at a subsequent hearing from presenting a more
detailed and complete case, including the presentation of witnesses and documents not available at the
pre-discharge hearing.
7.4.4 Unless otherwise agreed by the employee,a decision shall be made by the City Manager
within fourteen(14) calendar days after the close of the pre-discharge hearing.
Section 7.5 Appeal to Grievance Procedure. All disciplinary action of non-probationary
employees is subject to the grievance procedure. A suspension, demotion or discharge is subject to the
grievance procedure starting at Step 3, the City Manager level. Any other grievable item placed in the
employee's personnel file is subject to the grievance procedure beginning at one step higher than the
original level of disciplinary action.
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Section 7.6 Confidential. Individual employee records and files are confidential and must be kept
in a secured area at City Hall. Employees will have access to their personnel files on employee time for
their review.Employees may request and receive a copy of any document in their personnel file.A Union
representative may have access to an employee's personnel file and copy any document therein,
provided, he/she is authorized in writing by the employee.
An employee may request of the Human Resources Manager to withdraw disciplinary documents from
his/her personnel file at any time subject to approval of the City Manager or his designee.
ARTICLE 8—Grievance Procedure
Section 8.1 Purpose.One of the purposes of this Agreement is to provide for the resolution of good
faith employee complaints or grievances promptly and fairly. Unless or until an action or conduct of the
City made the basis of a grievance is corrected, modified, suspended or revoked, no employee shall act
in disobedience to or in disregard of such action or conduct.
Section 8.2 Scope. Any complaint or dispute arising between the parties to this Agreement
involving the interpretation, application or claimed breach of this Agreement may be considered a
grievance and shall be subject to this grievance process.
Section 8.3 Retaliation Prohibited.Initiation of any step of the grievance process shall not subject
the employee to discrimination, coercion, restraint or reprisal as a result of the good faith initiation of
such action.
Section 8.4 Procedure.
8.4.1 Step One. Grievance to Division Manager. As soon as possible, but in no case later
than fourteen (14) calendar days following an alleged wrongful act, an employee and/or his/her agent
shall state his/her grievance in writing on a standardized grievance form to the relevant Division Manager
to attempt settlement of the dispute. Following such filing, the Division Manager shall, within fourteen
(14)calendar days of receipt of the written grievance,provide the employee with a written answer to the
grievance, which shall be in writing.
8.4.2 Step Two. Written Grievance to Department Deputy Director. If the employee is
dissatisfied with the decision of the Division Manager, the matter may be submitted to his/her
Department Deputy Director within fourteen (14) calendar days of the date of the Division Manager's
decision. Such grievance shall be in writing and:
8.4.2.1 Concern matters or incidents that have occurred or are scheduled to occur.
8.4.2.2 Detail the facts upon which the grievance is based.
8.4.2.3 Refer to the section(s) of the agreement alleged to have been violated.
8.4.2.4 Specify the relief sought.
8.4.2.5 Include the Division Manager's written response, if any is made. The Department
Deputy Director shall make an investigation of the relevant facts and circumstances and notify the
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employee of his decision in writing within fourteen(14}calendar days after receiving the grievance. Said
investigation may include a meeting with the grievant and/or his/her agent and the supervisor.
8.4.3 Step Three.Grievance Appeal.If the employee is dissatisfied with the decision of the
Deputy Department Director, he/she may, within fourteen (14) calendar days of the date of the Deputy
Department Director's decision, forward a request for review to the City Manager. Said appeal shall
delineate the areas of agreement and disagreement with the response given at Step Two and the reasons
therefore.
Upon receipt of the appeal, the City Manager shall, within fourteen (14) calendar days make an
investigation of the relevant facts and circumstances and notify the employee of his decision. Said
investigation shall include a meeting with the grievant and/or his/her agent and the Department Deputy
Director.
If the employee is not satisfied with the decision of the City Manager, he/she may forward a request to
the union representative to,within fourteen(14)calendar days of the date of the City Manager's decision,
forward a request for review by an independent Fact Finder to the City Manager. Said request shall
delineate the areas of agreement and disagreement with the decision of the City Manager and the reasons
therefore. The Union and the City shall attempt to agree upon a person who would act in such a capacity.
If the parties fail to agree upon and/or obtain a Fact Finder within seven (7)working days of service of
the request, then either party may request the Federal Mediation and Conciliation Seroice (FMCS) to
supply the names of five (5) disinterested individuals who are qualified and willing to perform as an
impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within fourteen
(14) calendar days to make a selection. Selection shall be achieved by alternate striking of names with
the party striking first being determined by a coin toss.
The Fact Finder shall convene a hearing in the City of Pasco within thirty (30} days of selection by the
parties. At said hearing the parties may present evidence and sworn testimony as well as cross-examine
one another's witnesses. Each of the parties agrees to produce any records or materials which the Fact
Finder may require relative to the dispute.
Upon closure of the hearing, the Fact Finder shall promptly issue written findings and recommended
action(s). In formulating hislher position, the Fact Finder shall designate the losing party. The opinion
shall not attempt to destroy, change, delete from, add to or alter the terms of this Agreement.
Within fourteen (14) calendar days of the City Manager's receipt of the Fact Finder's written opinion,
the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons therefore.
The result of the City Manager's review shall be final and binding on the parties and there shall be no
further appeal.
Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall be
borne by the parties in equal amounts, including related fees, expenses and room rental. In the event the
City Manager does not follow the recommendation of the Fact Finder's written opinion, the City shall
bear the full cost of the related fees, expenses, etc. of the Fact Finder.
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Section 8.5 Special Provisions.
8.5.1 The term"employee"as used in this Article shall mean an individual Union member, a
group of Union members, and/or their Union agent.
8.5.2 An aggrieved party shall be granted time off without loss of pay for the purpose of any
hearings held on a grievance.
8.5.3 A grievance may be advanced to any step in the grievance procedure if the parties so
jointly agree in writing.
8.5.4 The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties.
8.5.5 Any grievance shall be considered settled at the completion of any step if the employee
is satisfied or if the matter is not presented to a higher authority within the prescribed period of time.
ARTICLE 9—Hours of Work
Section 9.1 Breaks/Clean-up. Lunch breaks will normally be taken at the appropriate shop.
However, in cases where the work site is closer to another City facility that contains restroom facilities
and normal eating facilities the employee(s) may take their lunch break at that facility. Employees may
also take their lunch break at a commercial restaurant,provided the break site shall be a reasonable travel
time from the work site. The City will allow some additional lunchtime in deference to the travel time
required if approved in advance by the City. Employees, on the other hand, understand it may be
appropriate for their Lead or other supervisor to speak to them during the lunch period about a work
assignment or that it may be necessary that they answer a telephone call if the phone is temporarily
unmanned by the secretary or other supervisory employee. A fifteen (15) minute rest break,
approximately at the mid-point of the first half of each shift and at the mid-point of the second half of
each shift shall be scheduled for fifteen (15) minutes, including travel time. Each employee shall be
permitted up to ten(10}minutes personal clean up time at the end of the shift. It is expected an employee
not needing the full ten minutes to utilize for clean-up will be engaged in productive work activity,
including the completion of work related paperwork during that time period.
The fifteen (15) minute rest break at approximately the mid-point of the second half of each shift
provided for in section 9.1 will continue to be tacked on to the thirty (30) minute lunch break by
maintenance crews, as is the past-practice under the current contract language of Sections 9.1 and 9.4.
SecNon 9.2 Work Schedules.The Union recognizes the right of the City to establish andlor modify
work schedules and the City recognizes the need to confer with the Union to take employee interest into
account. Except for emergency situations or as provided in Section 9.7, at least forty-eight (48) hours
notice will be given to the Union before an overall long-term or seasonal change in work schedule is
implemented.
Section 9.3 Hours of Work. The normal hours of work for a scheduled shift shall not exceed eight
(8) hours in any one day, nor ten (10) hours a day for employees normally scheduled to work four (4)
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days in a designated seven (7) day work period. The work day shall be continuous, interrupted only by
designated rest and meal breaks and the standard shift will normally be completed between 7:00 a.m.
and 5:00 p.m.Nothing herein shall be construed as a guarantee of a forty(40)hour work week.
To promote efficiency and productivity, deviation from the normal work day may be required,provided
an employee reporting and scheduled for work is given no less than four(4)hours and no more than ten
(10)hours of work or no more than twelve (12)hours of work when scheduled to work four(4) days in
a designated seven (7) day work period. Provided, however, in emergency situations involving the
immediate threat of harm to persons or property, employees may be required to work beyond the ten
(10) and twelve (12) hour maximum limits. When practical, scheduling changes resulting in less than
the normal hours of work on a particular day should precede or follow a scheduled day or days off so as
to extend off-duty time. The discretion given to the employer by this sub-section shall not be used by the
employer as a punitive measure against any employee or exercised so frequently as to make the normal
work week schedule and work week provisions of this contract meaningless.
Section 9.4 Lunch Period.The standard day shift shall include a non-compensable lunch period of
not less than thirty (30) minutes or more than one (1) hour. Traveling to and from the work site, City
facilities or other work headquarters for lunch period shall be on the employee's own time.
Employees in the Wastewater Collections section and in the Wastewater Plant section and those
employees when handling pesticides shall have up to ten(10)minutes personal cleanup time prior to the
lunch period,if necessary. In addition, employees required by the City to remain on duty, at a prescribed
work site, in the interest of the City during their lunch period, shall be considered working and
compensated accordingly.
Section 9.5 Work Weelc/Pay Period. Subject to the exceptions cited below, the standard work
week for full-time employment shall be forty (40) hours long within a seven (7} day work period, and
eighty (80) hours of work shall constitute the standard pay period. The standard work week shall not
exceed five (5)continuous days.
Section 9.6 Non-Standard Shifts. Non-standard shifts for Water Treatment Plant Operators are
bracketed in continuous eight (8) hour segments of working time within the period running from 4:00
p.m. of one day to 8:00 a.m. of the next day. The first of these shifts shall be titled the"swing shift" and
the second of these shifts, following the end of the first one, shall be titled the "graveyard shift".
Employees assigned to any such non-standard shift work schedule shall receive shift differential pay
pursuant to Section 14.33.
Section 9.7 Irregular Shifts and Work Weeks. Irregular shifts and irregular work weeks, not
coincidental with the standard descriptions provided herein, may be designated by management to
accommodate the peculiar characteristics of street sweeping,park maintenance,wastewater plant,reuse
facility and water treatment plant operation. Established irregular shift schedules will not normally be
changed without mutual agreement between the City and the Union.
Section 9.8 Snow Removal and Control.When snow removal and control are required to provide
safe driving conditions on City streets or to keep streets open to traffic, management may adjust shifts
or require greater than normal working hours as reasonably necessary,but for only so long as conditions
require.
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ARTICLE 10—Sick Leave
Section 10.1 Scope/Conditions. 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 employrnent,at the rate of one workday 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 nine hundred and sixty(960)working hours. In order to be granted sick leave with pay, an
employee must meet the following conditions in accordance with deparhnental regulations:
10.1.1 Report to his/her Division Manager, immediate supervisor, or designated
representative, prior to the beginning of the scheduled workday the reason their symptoms cause the
employee to be absent from work.
10.1.2 An employee on sick leave shall keep his/her supervisor informed of his/her condition
daily, except in known cases of extended illness.
10.1.3 An employee that is absent from work for five (5) or more days may be required to
provide a fitness for duty statement from a licensed health care provider verifying his/her fitness to return
to work. If such examination is required,the employer shall pay the full cost.
An employee that is absent from work at the direction of a licensed health care provider shall, upon
his/her return to work, provide to the employer a release to return to work from the provider. The
employer shall provide a form for the health care provider to complete for this purpose.
10.1.4 An employee must permit the City to make a medical examination or nursing visit if
the City deems it so desirable. The expense of such professional medical examination or professional
nursing visit shall be paid by the City. Provided, however, this section is superseded by Article 16s in
the case of time off caused by an on-the job illness or injury covered by State Industrial Workers
Compensation.
Section 10.2 Sick Leave Taken. Sick leave taken will count as hours worked,within the seven(7) day
work week, for the purpose of overtime at the rate of one and one-half(1'/2)the regular rate of pay.
Section 10.3 Illness in Family. Notwithstanding any other Article, employee shall be allowed to use
accumulated sick leave for periods of illness or involuntary physical incapacity of himself or a family
member as defined by the Family Medical Leave Act (federal FMLA}, the Family Care Expansion Act
(Washington)or any other applicable laws which may be promulgated during the term of this Agreement.
Under FMLA, the employee will be required to show satisfactory proof of an illness/injury of himself
or the family member needing care. (See Section 13.4 for additional FMLA language.)
Section 10.4 Doctor and Dentist Appointments. Bona fide doctor and dentist appointments of the
employee and as covered by state/federal law are an authorized use of sick leave, but the employee is
required to give his/her supervisor at least five (5) days advance notice of any such appointrnent. In the
event of a medical emergency or acute illness, said notice requirement is waived. The City recognizes
that sudden changes in appointment times may occur due to the availability of health care providers. The
name of the treating doctor or dentist, the location where the treatment or examination shall take place,
the date and the time that the appointment is scheduled are items of information that the employees are
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required to provide to their supervisor in support of a sick leave request for a doctor or dentist
appointment, when such information is requested by the supervisor. Employees shall endeavor to
schedule appointments outside of regular work hours.
Section 10.5 Fraudulent Use of Sick Leave. Any use of sick leave outside of the terms of this
Agreement through fraudulent means not involving a bona fide physical incapacity, shall be considered
a serious offense and shall constitute a just cause action for formal disciplinary measures, including
termination.
Section 10.6 Vacation Leave Option. At the option of the employee, sickness in excess of the
maximum number of days accrued may be charged to unused vacation leave.
Section 10.7 Termination.Any employee terminating service due to their retirement, or resignation
upon giving two (2)weeks advance notice thereof, or leaving City service due to death or layoff, shall
receive payment for twenty-five percent(25%)of his/her accumulated and unused sick leave. Maximum
conversion to pay shall be for an aggregate of one hundred eighty (180) hours (22.5 days) at the then
prevailing hourly rate. Payment may be made in a lump sum or spread over a period not to exceed three
(3) months, at the option of the City. This benefit shall not be available to any employee discharged for
cause.
ARTICLE 11 —Vacation
Section 11.1 Accrual (Subject to 11.3 maximums). Employees shall earn vacation per each month
of continuous service in accordance with the following schedule:
Years of Service Ar�io�t Bi-Weekly A�ount Ann�ally
1-5 3.7 hrs. 96 hrs. (12 days)
6-10 4.62 hrs. 120 hrs. (15 days)
11-14 5.54 hrs. 144 hrs. (18 days)
15 or more 6.28 hrs. 164 hrs. (20.4 days)
Section 11.2 Vacation Scheduling. A vacation schedule shall be developed by the Department
Deputy Director at the beginning of the calendar year which indicates to the extent reasonably possible,
when each of the employees in a particular work unit desires to be away on vacation. Such schedules
shall be in harmony with the letter and spirit of this Agreement.
11.2.1 In January,the employer will schedule vacations for the calendar year and the following
January. Requests shall be submitted by employees during the first two (2) weeks of the month. The
employer shall prepare the schedule during the latter two (2)weeks of January. In the event of a conflict
between requests, the employee with the longest service record shall be allowed vacation at that time.
Vacation requests submitted to the employer after January of any calendar year shall be considered by
the employer on a first-come-first-serve basis. Vacation requests submitted to the City will be approved
or not approved within a reasonable period of time.
11.2.2 Vacation requests submitted to the employer after the first two (2)weeks of January of
any calendar year shall be considered by the employer on a first-come-first-serve basis. Vacation
requests submitted to the City will be approved or not approved within a reasonable period of time.
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11.2.3 All vacations shall be scheduled by the City at times when they will constitute minimum
conflicts with work schedules. Vacations shall normally be taken in periods of at least one (1) week's
duration; however, vacation requests for periods of one (1) hour or more may be made. Approval of
employee requests shall not be unreasonably withheld.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 requesting the vacation first shall be allowed the vacation
at that time, but the City will strive to accommodate additional employee vacation requests.
Consideration will be given to allowing full-time employees summer vacations when practical.
Section 11.3 Maximum Accrual. No vacations may be taken prior to the first six (6) months of
continuous employment. No accumulation of accrued vacation credit in excess of what the employee
earns in a two (2) year period will be permitted. However, when an employee is within six (6) pay
periods of reaching maximum accrual, the employer can require the employee to submit within one (1)
week a plan to timely take vacation to avoid reaching maximum accrual. If the employee fails proinptly
to submit the requested plan, the Deparhnent Deputy Director or his designee will not be required to
grant untimely vacation requests from the employee in order to avoid-losing additional vacation accrual
until vacation is scheduled and taken under the provisions of this article,permitting further accrual.
Section 11.4 Vacation Taken. Vacation taken will count as hours worked, within the seven (7) day
work week, for the purpose of overtime at the rate of one and one-half(l lh)the regular rate of pay.
Section 11.5 Termination from Service. An employee who retires from City service shall receive
payment for up to three hundred twenty-eight (328) hours (41 days) of accrued vacation. Any excess
vacation must be taken prior to the last day of employment. An employee who separates from City
service for other than retirement shall be entitled to pay for all accumulated vacation unless termination
is made during the initial probationary period or less than two (2) weeks' notice has been made to the
appropriate Department Director.
Section 11.6 No Mandated Vacation Shutdown.Employees in the respective departments shall not
be required to take their vacations at the same time.
Section 11.7 Leave Without Pay. If an employee requests additional vacation over what he/she has
accrued, such requests may be granted by the Departrnent Director, without pay.
Section 11.8 Vacation Buyout.If an employee requests to work his/her earned vacation period, such
request may be approved by the Department Deputy Director and the City Manager, provided there is
sufficient money available in the budget to offset the additional cost. Such requests will only be
considered in the case of exceptional need.However,each employee after entering their tenth(10'h)year
of continuous service may convert up to five (5) days accrued vacation to cash in December of each
year, provided the employee has maintained satisfactory work performance as shown on their last
performance evaluation and has used at least ten (10) vacation days during the calendar year in which
the cash out is taken.
Section 11.9 Early Return to Work. Employees required to return to work from vacation by
direction of management shall be compensated on a one-for-one basis up to a ma�cimum of three (3)
work days at the rate of one and one-half(1'h) times the regular straight time rate of pay for the hows
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actually worked. Vacation leave not taken will be scheduled for a later date by mutual agreement of the
employee and his/her Department Director.
Section 11.10 Cancellation.When an employee is scheduled vacation leave at least three (3)months
prior to the time taken and the City cancels the vacation with less than thirty (30) days notice, then the
employee shall be paid in accordance with Section 11.9 above.
Section 11.11 Unavailability of Vacation. In the event the City denies an employee the opportunity
to take vacation, even though the employee submitted the vacation plan required by Section 11.2.1 and
11.3, and the employee has reached the maximum accrual of vacation time, then the City will pay the
employee for days accrued but not ta.ken in excess of the maximum accruals allowed until the employer
permits vacation to be taken.
ARTICLE 12—Holidays
Section 12.1 Official Holidays. The following are official holidays for all represented City
employees.
12.1.1 January 1 New Year's Day
12.1.2 Third Monday in January Martin Luther King's Birthday
12.1.3 Third Monday in February Presidents' Day
12.1.4 Fourth Monday in May Memorial Day
12.1.5 July 4 Independence Day
12.1.6 First Monday in September Labor Day
12.1.7 November 11 Veterans' Day
12.1.8 Fourth Thursday in November Thanksgiving Day
12.1.9 The day following Thanksgiving
12.1.10 December 25 Christmas Day
Section 12.2 Personal Holiday
12.2.1 Regular,full time employees shall be eligible for two(2)personal holidays per calendar
year. They shall be eligible for the first personal holiday after six(6)months of continuous employment.
12.2.2 Regular, part time employees shall be eligible for one (1} personal holiday (pro-rated)
per calendar year. They shall be eligible for the first personal holiday after six(6)months of continuous
employment and have passed probation.
12.2.3 Seasonal employees who have been continuously employed by the City of Pasco for six
(6) months or more each calendar year shall be entitled to one (1) personal holiday at their regular rate
of pay
12.2.4 The employee shall give fourteen (14) days' notice of the requested personal day off.
Approval shall be subject to staffing or emergency requirements of the division/department.
Section 12.3 When any of these holidays falls on the first scheduled day of rest, it shall be observed
by the employee as a holiday on his/her last preceding regularly scheduled work day. When any of these
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holidays fall on the second scheduled day of rest, it shall be observed by the employee on his/her next
succeeding regularly scheduled work day.
Section 12.4 Authorized holidays falling during an employee's vacation period shall not be counted
as vacation leave taken.
Section 12.5—Working the Holiday. An employee who works on a holiday will be paid a premium of
one and one-half(1%2) times the regular rate of pay (holiday premium) for all hours worked. Holiday
hours will count as hours worked for the purpose of overtime. In addition to the holiday premium, the
employee shall be paid for eight (8) hours for the holiday (paid holiday). Holiday means one of the
designated holidays in Article 12.1. Note: holiday premium pay is not overtime and therefore cannot
be subject to the compensatory time benefit.
Floating personal holiday at employee's choice. Only available if employee has been continuously
employed by the City for more than six (6) months. This personal holiday will not carry over to the
following calendar year.
ARTICLE 13—Other Leaves of Absence
Section 13.1 Jury Duty. The City shall grant a leave of absence with pay to an employee to(a)serve
on a jury in a federal, state or local court, or (b) serve as a witness in a criminal or civil case in the line
of duty. Pay during such leave shall be at the employee's regular rate less compensation received
(exclusive of mileage) for jury or wimess duty performed.
Section 13.2 Bereavement Leave. Administrative Order No. 226 as written, or as subsequently
amended or revised will apply to employees represented by this agreement.
Section 13.3 Medical Leave without Pay. Upon application of a regular employee, a leave of
absence without pay may be granted for up to one (1)year by the City Manager for a disability because
of sickness or injury.
Section 13.4 Family Medical Leave Act(FMLA)
13.4.1 Administrative Order No. 231 of the City Manager, originated November 22, 1993,
setting forth the implementing procedures of the FMLA by the City is hereby incorporated by this
reference herein as if specifically set forth.
13.4.2 Employees are cautioned to be mindful of the thirty (30) day advance notice and the
use of the FMLA Leave Request Form when family or medical leave is intended to be used.
13.4.3 FMLA leave may be coordinated with other leave benefits as noted in Administrative
Order No. 231. Any conflict between a provision of this Agreement and Administrative Order No. 231
shall be resolved in favor of the language of this Agreement.
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Section 13.5 General Leaves of Absence.
13.5.1 Unpaid Leave. The City Manager may authorize a personal unpaid leave of absence,
up to a maximum duration of one (1)year. This leave of absence may not be used for purposes of other
employment(except for US military service).
13.5.2 Military Leave. An unpaid leave of absence, under the rules of USERRA, will be
granted for service in the US Armed Forces (including the US Coast Guard and National Guard). The
employee on military leave of absence will follow all return requirements as noted in USERRA. Failure
on the part of the employee to notify and report to the City for employment as required by USERRA will
be considered voluntary resignation.
13.5.3 Reinstatement. Upon expiration of an approved leave of absence, an employee shall
be reinstated in the position held at the time the leave was granted, if the position is still remaining, or
in a position of similar responsibility. 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 a leave of absence shall not lose their established seniority.
13.5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280
shall not lose his/her established seniority with the City if granted a leave of absence upon application.
Leave of absence under this clause shall be limited to one (1) year, except that the City may grant
extensions in increments of one year for as long as the City deems practical.
ARTICLE 14—Classification and Wages
Section 14.1 Rates of Pay. (See Wage Schedule.)
• 2022 —New wage scale—minimum 2 grade (4%) increase for each job classification.
• 2023 — 100% -CPI-U— 3%minimum—4%maximum CPI—U(West B/C cities) June to June/
first full pay period of January.
• 2024— 100% CPI-U—3%minimum—4%maximum of CPI—U (West B/C cities)June to June/
first full pay period of January.
• 2025— 100%CPI-U—2%minimum—4%maximum of CPI—U (West B/C cities)June to June/
first full pay period of January.
14.1.2 Certification premiums will be effective the first full pay period following full
ratification of this agreement.
14.1.3 Re seasonal employees: Each seasonal employee after completion of his sixth (6`n)
month of work will be credited an additional eight (8)hours regular pay upon request, in the following
pay period or on his final paycheck. This incentive shall in no way create or cause an overtime pay claim
by the employee or other employee(s)that pay period nor shall it be counted toward working hours.
Section 14.2 New Employees. The City,at its discretion, may hire a new employee at a higher entry
level rate if s/he has a college degree or years worked in an applicable field.
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Section 14.3 Overtime. Overtime work shall include only that work performed by represented
employees at the direction of their Department Deputy Director or Division Manager,or their authorized
representative, and shall be as follows:
14.3.1 Time worked in excess of eight(8)hours per day andlor forty(40)hours in a designated
seven (7) day work period, shall be paid at time and one-half(1'h) of the regular rate. The work week
shall not be lengthened solely to take advantage of an employee's illness; vacation or holiday so as to
avoid overtime pay. Overtime will be distributed equitably among those employees who normally
perform the work.
Compensatory time may be granted in lieu of overtime pay. Compensatory time will be paid out the first
(1 St)full pay period of December, , including an amendment thereto that the city reserves the right to pay
off the accumulated compensatory time of any employee, at any time, at the then prevailing rate.
14.3.2 An employee who is called back to work from off the work site shall receive pay at the
overtime rate of time and one-half(l lh)for all hours worked. Employees called out who are not carrying
a cell phone shall also receive a call out premium pay of fifty dollars ($50.00). This section shall not
apply to employees who are held beyond the completion of their shift.
14.3.3 The shift differential premium for swing and graveyard shifts shall be fifty($.50) cents
an hour and shall be considered a part of base pay. This differential shall not apply to employees who
are entitled to premium or overtime pay for such work.
14.3.4 Whenever an employee's shift hours are changed to accommodate emergency snow
removal (see Section 9.8), the employee shall receive call-out pay.
14.3.5 Within the Facilities Division, at least one (1) bargaining unit employee shall be
permitted (normally at their option, but may be required by the employer) to work at any location
requiring any number of seasonal/temporary employees performing bargaining unit work beyond the
scheduled end of shift, except: 1) when such seasonaUtemporary employees are performing custodial
duties or the mowing of grass or 2) on weekends or holidays if the hours of work assigned to the
respective seasonaUtemporary employees are their regularly scheduled hours and the work assigned is
within the scope of their regularly assigned duties.
14.3.6 Qualified Facilities Division bargaining unit employees shall have the option to work
beyond regularly scheduled hours to perform authorized repair of Facilities Division equipment
(excluding vehicles)when, in the sole discretion of the supervisor, said repairs can be performed in the
time period available, would not interfere with the performance of regular duties of the respective
employee, and the overtime cost of the repair is not expected to exceed the labor cost associated with
other repair options available to the employer.
Section 14.4 Paid Meal. Employees called back to work from off the work site or held beyond the
end of their nortnal shift, shall be eligible for twelve ($12.00) dollars for the cost of a prepared meal
under the following conditions:
14.4.1 Call back work must be for four(4) or more continuous hours.
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14.4.2 Held over work must be for two (2)hours or more continuous hours. Time utilized for
such meals shall not be compensable unless the employee is required to remain on duty as described in
Section 9.4.
Section 14.5 Cellular Phone. At the discretion of Management, all employees, in positions covered
by this bargaining unit,agree that they will accept stand-by assignments, carry the cellular telephone and
are subject to mandatory after hours on-call rotation. Said employee will be paid a premium(not included
in base pay for overtime purposes) in the amount of three dollars ($3.00)per hour on weekdays and five
dollars ($5.00)on Saturday or Sunday.
14.5.1 Should an insufficient number of qualified employees volunteer for stand by duty(one
(1}week rotation), the Union agrees that the manager may create an on call list including all applicable
employees in the division(s).
14.5.2 Each employee on stand-by will be in a location when outside of their regular shift
hours where that employee can be reached by cellular telephone assigned to the employee for emergency
call-in purposes and respond to the site of their respective workplace no later than thirty (30) minutes
from the time the call was received. The cellular phone shall be furnished to the employee at no cost to
the employee. Use of the cellular phone is authorized for no other purpose than to receive and/or respond
to an emergency call-in. An employee on stand-by who becomes sick or has such emergency arise that
he or she is unable to respond to a call-in shall call their Manager or the Manager's designee in order
that the Manager can then exercise management judgment in such emergency conditions.
14.5.3 Stand-by can be traded between employees rotating the assignment of the cellular
telephone within their respective division with prior notice and approval from the appropriate division
Manager.
14.5.4 The rotating stand-by lists will be prepared by the appropriate Division Manager and
updated by the Manager as needed.
14.5.5 The employee shall not be required to be assigned on stand-by during the employee's
scheduled vacation unless the employee so consents.
Section 14.6 Headquarters/Travel. Employees shall travel from work site to work site on City time
and shall report to the department headquarters where they are regularly employed, although they may
be assigned to work within any department covered by this Agreement. When an employee is assigned
to work in a division in which he/she is not regularly employed, shall report to the headquarters for that
division while on temporary assignment. Meals may be taken at the nearest location where sanitary
facilities are available or at the employee's division headquarters.
Section 14.7 Pay Period/Payday. The City will pay employees on the basis of twenty-six (26)pay
periods per year and payday will normally be every other Friday. If a payday falls on an authorized
holiday, every effort will be made to pay employees on the preceding business day. Existing paycheck
stub information showing the employee's accrued vacation and sick leave, and amount of regular and
overtime hours worked, will continue to be provided by the City.
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Section 14.8 Relief from Duty. Except due to disciplinary action, an employee who reports to a
normally scheduled shift and is relieved from duty prior to the normally scheduled end of his/her shift,
shall receive a minimum of four(4)hours pay, inclusive of hours actually worked.
Section 14.9 Temporary Assignment. Any employee covered by this Agreement working out of
classification shall be paid the rate of two dollars and fifty cents ($2.50}per hour above his regular rate
of pay for the first hour and for each additional working hour thereafter until relieved of the temporary
assignment. Working out of classification means the employee is required to perform substantially all
of the essential job functions of the higher classification.
ARTICLE 15—Insurance
Section 15.1 Group Medical Insurance. The City shall make available group medical and hospital
insurance; the premiums for which shall be shared by the City and the employee, subject to the below
cited conditions. The City may deduct such premium amount from the employee's paycheck on a regular
basis.
15.1.1 The Non-Represented medical insurance premium, medical insurance premium
cap and medical plan (e.g., coverage, deductibles, maximum out of pocket amounts, etc.) will be
followed.
15.1.2 Prescription card benefit. The Non-Represented prescription card benefit will be
followed.
15.1.3 Wellness program benefit: The Non-Represented wellness benefit will be followed.
Notwithstanding; the above, in the event state or federal legislation requires the Employer to make
changes in the group medical benefits provided employees during the life of this Agreement, the
Employer reserves the right to make the required changes, provided, however, the employer provides
the bargaining representative with at least thirty (30) days advance notice of the change(s) and further
provided that, either the employer or the union may require this subsection to be re-opened in
negotiations if the change results in a reduction of benefits or an increase(by at least 10%}in the amount
of premium paid by either the employer or the employee for the employee, their spouse and dependents
by providing the other with written notice within fourteen (14) days receipt by the bargaining
representative of the notice from the employer of the proposed changes. In addition the City agrees to
comply with RCW 41.56 if additional benefits are added to the current plan.
Section 15.2 Dental Insurance. The City will continue to offer dental benefits to each employee
and their dependents. The Non-Represented dental benefit will be followed.
Section 15.3 Insurance Carrier. The City retains the right to select the carrier for any or all of the
above coverages provided employee contributions are not increased nor benefits reduced, except as
permitted above.
Section 15.4 Group Life. The City, at its expense, shall make available group term life insurance of
$50,000,face value,for each employee, in accordance with the age limitations of the plan of the selected
carrier.
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Section 15.5 Vision Care. The City shall make available the vision insurance available to covered
employees and their dependents which is available to non-represented employees and their dependents.
The premium for vision inswance will be shared with the City at 50%-50%.
ARTICLE 16—Occupational Injury/Illness
Section 16.1 An occupational injury/illness will be accordance with Administrative Order No. 250 —
Workers Compensation (Industrial Insurance) dated February 10, 2011. Any conflict between a
provision of this Agreement and Administrative Order No. 250 shall be resolved in favor of the language
of this Agreement.
Section 16.2 Sick Leave Without Pay. Sick leave without pay, once all earned leave benefits are
elchausted,may be granted by the City for an employee on leave due to accident or illness,but such leave
shall not exceed one (1)year in duration. During this time,the employee shall continue to earn seniority
within the Union but will not be eligible to receive or accrue other benefits under this contract or other
City ordinances,resolution or administrative order.
ARTICLE 17—Training
Section 17.1 Maintenance of Certification.
17.1.1 Employees required by the City to maintain a valid Washington State Public Operators'
Pesticide License shall receive training at City expense.
17.1.2 Employees required by the State of Washington and the City to maintain certification
in water distribution or operation and sewer plant operation, as a condition of their employrnent, shall
be offered training in addition to safety and first-aid training, at City expense,sufficient for the employee
to earn at least the minimum number of CEU's required to maintain their State Certification for the
position the employee holds for the City.
17.1.3 "At City expense" as used herein means that the employee will be paid for the time
spent in a seminar, class or other City selected training where CEU's are earned. The cost of registration
and required materials, and the actual cost of transportation(if outside the Tri-Cities area).No overtime
will be claimed unless mandated by the FLSA or state law. Travel time to and from any employer offered
training is not compensable unless required by the FLSA.
17.1.4 The City shall determine the means of transportation for training outside of the Tri-
Cities area. If the employee's personal automobile is used as the means of transportation,the City shall
pay the employee's mileage at the then current prevailing Federal (IRS)mileage rate.
ARTICLE 18—Transfers,Force Reduction and Rehire
Section 18.1 Layoff/Bumping. 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, provided that the
employee meets the minimum job qualifications for the position, including the passage of any written
and practical tests which would be given to an applicant for the position were it otherwise open, and
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providing that the employee has more seniority than the employee occupying said classification, and
providing that the City can provide sufficient operations.The Union shall have the right to make a written
recommendation, to management explaining its views on the relative qualifications of the affected
employee(s). The Union and the employer agree that, in the event of a layoff of an employee that is
cunently classified as a Maintenance Worker 3, that employee would, without testing, meet the
minimum qualifications for a Maintenance Worker 1 position; and that a Groundsman II would,without
testing, meet the minimum qualifications for a Groundsman I position; and that any employee in the
bargaining unit in a position above Utility Maintenance Worker, who possesses a current CDL, is
minimally qualified, without testing, for the Maintenance Worker 1 position. Minimum job
qualifications means those qualifications reflected in the then current job description of the job
classification.
Section 18.2 Seniority Retentian. 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 the two (2} years, will receive credit for
sick leave accrued but not taken or cashed out at termination, upon being rehired. Employees rehired
before the two (2)years will receive credit for sick leave accrued but not taken or cashed out at the time
of layoff, upon being rehired. Prior service shall be counted for vacation purposes.
Section 18.3 Employee Responsibility. Employees who have been laid off who wish to return to
work shall keep the City's Human Resources Office advised of their current address.
Section 18.4 Transfers/Training/Break-in Period. When an employee is transferred to any
position to which s/he has no previous experience, s/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, s/he shall be paid the amount for that classification or job assignment, but not less
than the employee's current rate of pay.
The City shall have the right to assign individuals to cross-training, not to exceed six (6) months in
duration. Probationary employees may be involved in a mandatory cross-training program which is in
addition to the cross-training program addressed in this article.
ARTICLE 19—Safety
Section 19.1 Responsibilities. The City will provide safety measures and safety rules to minimize
accidents and health hazards to the employees 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 agrees that the City will designate each operator to be responsible for inspecting
the equipment he/she operates on a given day and will report to his/her supervisor any defects or needed
maintenance.
Section 19.2 First-Aid Training. The City and Union recognize the first-aid obligations imposed
upon the employer and employee by WAC 296-800-150. At least annually the City will offer first-aid
classes for employees on City time. Employees have an obligation to participate in first-aid courses to
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maintain first-aid certification. However, this obligation can be fulfilled via voluntary completion of
appropriate courses offered by other groups and institutions.
Section 19.3 Equipment/IJniforms. 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. Such basic equipment to be provided by the City includes, but is not limited to the
following:
Orange safety vests. Hard hats.
First aid kits in each vehicle. Raincoats and pants.
Overboots.
Employees shall be responsible for the safe keeping of such equipment. Employees shall use this
equipment in accordance with rules and regulations promulgated by the Deparhnent of Labor and
Industries and confirmed by the City Manager. In addition, the City, at its expense,will furnish and the
employee shall wear an appropriate uniform consisting of the following:
19.3.1 A City Hat. An employee shall wear no other hat, if wears a hat, while in the
performance of his/her duties, except that a clean, plain, neutral color baseball style cap may be worn.
Alternate headwear may be worn if approved by management. No logos of any kind shall be permitted
other than the City logo.
19.3.2 Pants. Employee shall be required at a minimum to wear a clean pair of pants or blue
jeans every two (2) working days. The City will provide clean uniform pants or blue jeans on an as
needed basis.
19.3.3 Shirt. Employee shall be required to report to work wearing a clean shirt each day.
Short or long sleeve shirts will be provided at the employee's option. Employees shall be provided a
compliment of eleven (11) shirts. Employees shall be responsible for laundering T-shirts or uniform
shirts not covered under the laundry service provided by the City.
19.3.4 Coveralls. Two (2) pairs of coveralls per employee will be provided by the City. The
City will provide clean coveralls on an as needed basis. Employees may have the option to select eleven
(11}pairs of coveralls in lieu of all other clothing allotments.
The City's name, the deparhnent's name, and the employee name shall appear on the employee's shirt.
The City's name will appear on the employer provided hat. No logo or name shall appear on the
employee provided hat, if any. The City will provide replacement articles as reasonable wear and tear
dictates. Lost articles of clothing will be replaced at employee expense.
19.3.5 Safety Boot Allowance. The city shall provide a boot allowance for bargaining unit
members for safety boots with a safety toe (steel or composite), that covers the ankle,no more than one
pair each calendar year, the amount of one-hundred and seventy-five dollars ($175.00). The employee
shall bear any excess costs for boots over one-hundred and seventy-five dollars ($175.00). The boots
shall be for duty only and must be worn for hours worked.
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ARTICLE 20—Seniority
Section 20.1 Continuous Service. Employees covered by this Agreement shall have their seniority
determined by their total length of continuous service with the City(there is no departmental seniority).
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 20.2 No Accrual During Probation. A newly hired employee shall be considered a
probationary employee for a period of twelve (12) calendar months, during which time he/she will
acquire no seniority credit. However,upon successfully completing the probationary period,that person
shall be considered a regular employee, and he/she shall have his/her seniority established as of his/her
date of hire as a probationary full-time employee. New hires shall receive a performance review at the
end of six (6) months. A probationary employee receiving a satisfactory six (6) month performance
review shall be allowed to progress in the salary schedule.Probationary employees,including hew hires,
are not eligible to bid on any j ob vacancies,including both promotional and lateral transfer opportunities,
as part of an internal recruitment process unless they mee one or more of the following criteria:
• The employee currently holds all required certifications, including a Class A CDL with a tanker
endorsement, if applicable, for the position for which the employee is applying; or
• The employee is able to obtain all required certifications,including a Class A CDL with a tanker
endorsement, if applicable, for the position for which the employee is applying, within twelve
(12)months of appointment; or
• The employee possesses unique qualifications or work experience relevant to the position for
which the employee is applying
Probationary employees who do not meet the above criteria may apply for job vacancies as part of the
external recruitment process and will not lose seniority if selected.
During the first twelve(12)months of probation the City reserves the right to terminate the probationary
employee with or without cause.
Section 20.3 Transfers. City employees within the deparlrnents covered by this Agreement will be
given first consideration for lateral transfers and promotions to higher classifications within the
bargaining unit. 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 equal, seniority shall govern. All those meeting the minimum announced qualifications for the
position in question will be permitted to compete in the selection process. The City acknowledges the
value of having uniform examinations for each job classification and will test employees, where
necessary,using only standardized examinations which apply to the job classification.
Section 20.4 Posting of Job Openings. The posting of all job openings approved by the City
Manager shall follow the creation of opening of vacancy and job vacancy shall be posted on the
department and division bulletin boards for a period of at least five (5) working days. The City shall
strive to fill such vacancies within thirty(30) days after the posting of such vacancy.
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Section 20.5 Promotion/Demotion-Supervisory Position.In the event an employee covered under
this Agreement is promoted into a supervisory position not covered by this Agreement, he/she will
continue to earn seniority in the classification from which he/she was promoted for the first six (6)
months in the supervisory position. After six (6} months, the employee will no longer earn seniority in
the classification. In the event the employee is later demoted,he/she cannot use his/her seniority to bump
the person then occupying his/her former position.
ARTICLE 21 —Commercial Drivers License (CDL)
Section 21.1 Reimbursement for Costs.The City shall reimburse employees for the following costs
incurred by the employee to maintain his/her CDL and the endorsements required for his/her job duties.
License testing fees.
License fee, exclusive of regular basic driver's license fee.
The City shall arrange for and pay up front the cost of the required physical exam (that location
designated by City),however,in the event the employee, after taking the physical exam,terminates their
employment with the City prior to passing the necessary tests and paying the required testing and
licensing fees to maintain their CDL,the cost of the physical may be deducted from the employee's final
pay check.
Section 21.2 Maintenance Responsibility. The employees shall each be responsible to maintain
their CDL with the endorsements necessary for their job duties on their own time. In the event the
employee's CDL becomes invalid, then said employee shall be responsible for all costs incurred to
reinstate his/her CDL and required endorsements.
Section 21.3 New Employees. Employees hired on the condition that they obtain a Class A CDL
with a tanker endorsement,within a time certain, shall be reimbursed by the City for their out-of-pocket
costs for the required physical exam,test and license fees to obtain the required CDL and endorsements,
but only if they are successful in obtaining the CDL in a timely manner and pass their probationary
period of employment.
Section 21.4 Motor Vehicle Accidents. Employees shall inform their employer as required by law,
of all motor vehicle accidents in which they are involved, any conviction for a criminal traffic offense,
and shall sign a release authorizing the City to obtain a certified copy of their driving record from the
Department of Licensing on at least an annual basis.
Section 21.5 CDL Law Changes. If,during the period of this contract,the law substantially changes regarding
CDL's,this Article is open to re-negotiation at the request of either party.
ARTICLE 22—Smoking Restrictions
The City may institute reasonable rules concerning the prohibition of smoking in confined areas where
it may bother employees or citizens who do not smoke.
ARTICLE 23—Americans with Disabilities Act
Notwithstanding any other provision of this Agreement, the employer may take all actions necessary to
comply with the Americans with Disabilities Act.
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ARTICLE 24—Substance-Free Workplace
Administrative Order No. 65A, dated August 28, 1992, concerning a substance-free workplace, is
incorporated herein by this reference.
ARTICLE 25—Implementation of Changes Upon Ratification
Benefits of this contract (including any retroactive provisions) shall only apply to those members who
are employed with the City on the effective date of the contract.
ARTICLE 26—Deferred Compensation
The City will pay a three percent (3°/a) deferred compensation contribution (no match required) into a
supplemental retirement savings program, selected by the city, to all IUOE members on a continuing
basis, unless otherwise bargained. The City 457 deferred compensation plan is offered through ICMA
RC,plan number 300890.
This deferred compensation provision is subject to the City deferred compensation rules and regulations
and IRS regulations.The computation of retirement contributions and pension benefits shall be governed
by applicable state law.
Dated at Pasco, Washington, this day of 2021.
City of Pasco
Dave Zabell, City Manager
ATTEST:
Debra Barham, City Clerk
IUOE,Local#280
Steve Davidson, Asst. Business Manager
Cory Stratton, President Josh Carter, Recording/Corresponding Secretary
Jim Collins, Steward Jake Hickman, Steward
Dean Pollick, Steward Josh Strebin, Steward
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Collecrive Bazgaining Agreement
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1/1/2022—]2/31/2025