HomeMy WebLinkAboutAG 13-224 - LIEUTENANTS ASSOCRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT. /DIV:
2. ORIGINATING STAFF PERSON:
EXT:
DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
• REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE ❑ RESOLUTION
• )(- CONTRACTAMENDMENT(AG #): ❑ INTERLOCAL
OTHER
5. PROJECT NAME: n V% c i-
6. NAME OF CONTRACTOR: '\ k. Ut - :Q�p,Y�� ✓ `J v
ADDRESS: TELEPHONE
E -MAIL: . FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSIV&A CE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES yO PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED OYES ❑ NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
• PROJECT MANAGER
• DIRECTOR
• RISK MANAGEMENT (IF APPLICABLE)
• LAW
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
LAW DEPARTMENT
IGNATOR.Y (IAY04 OR DIRECTOR)
I
Jl`ASSIGNED AG#
SIGNED COPY TURE,p
a� its
COMMENTS: LAW
INITI L /DATE SIGNED
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AG# ` - 22
DATE SENT: 11 • "2t) -
II /9
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE LIEUTENANT ASSOCIATION
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Lieutenant Association ( "Association ") and
the City of Federal Way ("City") mutually recognize the importance of ensuring
the highest level of public service. The parties agree that it is of paramount
importance that they constantly and vigilantly work to further this goal. The
parties are dedicated to provide the best possible police protection to the citizens
of Federal Way, and have entered into this collective bargaining agreement (the
"Agreement") in a spirit of cooperation and collaboration in an effort to further
this goal.
ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP
Section 1. Recognition. The City recognizes the Association as the exclusive
bargaining representative for all employees in the bargaining unit as certified by the
Public Employment Relations Commission.
Section 2. Association Membership. it shall be a condition of promotion that
all bargaining unit employees shall become members of the Association and remain
members in good standing or pay an agency fee to the Association for their
representation to the extent permitted by law. It shall also be a condition of
employment that employees covered by this Agreement and promoted on or after its
effective date shall, by the thirtieth day following such promotion, become and remain
members in good standing in the Association or pay an agency fee to the Association
for their representation to the extent permitted by law.
Provided, that employees with a bona fide (as determined by the Public
Employment Relations Commission) religious objection to Association membership
and /or association shall not be required to tender those dues or initiation fees to the
Association as a condition of employment. Such employee shall pay an amount of
money equivalent to regular Association dues and initiation fees to a non - religious
charity mutually agreed upon between the public employee and the Association. The
employee shalt furnish written proof that payment to the agreed upon non - religious
charity has been made. If the employee and the Association cannot agree on the non-
religious charity, the Public Employment Relations Commission shalt approve the
charitable organization. It shall be the obligation of the employee requesting or claiming
the religious exemption to show proof to the Association that he /she is eligible for such
exemption. All initiation fees and dues paid to the charity shall be for non - political
purposes.
Section 3. Dues Deduction. Upon receipt of written authorization individually
signed by a bargaining unit employee, the City shall deduct from the pay of such
employee the amount of dues as certified by the secretary of the Association and shall
transmit the same to the Association within five business days of the issuance of pay
checks.
Section 4. List of Employees. The City will transmit to the Association a
current listing of all employees in the bargaining unit within thirty (30) days of request
for same but not to exceed twice per calendar year. Such list shall include the name of
the employee, position, and salary.
Section 5. Hold Harmless. The Association will hold the City harmless from
any and all liability resulting from the City's compliance with this Article.
ARTICLE 2: MANAGEMENT RESPONSIBILITIES
Section 1. The Association recognizes the right of the City to operate and
manage its affairs in all respects in accordance with its lawful authority. The City
retains the authority that the City has not expressly delegated or modified by this
Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to which
by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The Association recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and guidelines.
4. The City has the exclusive right to schedule work and overtime work as
required in the manner most advantageous to the City, consistent with the applicable
provisions of this Agreement.
5. The City has the right to assess an employee's performance of their job.
6. The City has the right to:
a. discipline, suspend, and discharge non - probationary employees for
just cause. Scheduling of disciplinary days off will be at the convenience of Department
operations.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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b. to demote probationary employees for any reason. Employees
who are demoted before completing their probationary period shall not have access to
the grievance procedures of this Agreement to protest or challenge the demotion, orthe
reasons therefor.
C. to recruit, hire, promote, fill vacancies, transfer, assign, and retain
employees.
d. to lay off employees for lack of work or funds or other legitimate
Cixb16111-1
7. The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be wasteful or
unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in the
event of an emergency.
11. The City has the right to make work assignments, including moving work
from the Guild unit into this unit, and work from this unit into the Guild unit.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management
responsibilities. In the event the City desires to make such a change in a mandatory
subject of bargaining, the City shall give the Association at least ten (10) days notice of
the desired change. The Association may request bargaining of the issue, and the City
thereafter will meet with the Association in an effort to resolve the issue. Should
resolution not be achieved, either party may request the assistance of a PERC
mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the
issue will expeditiously be taken to interest arbitration pursuant to the standards
contained in RCW 41.56.
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays. Beginning January 1, 2014 and each year
thereafter, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay
for each bargaining unit employee for the following observed holidays:
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For 2013, the holiday bank shall increase from 96 hours to 106 hours of holiday pay.
The Association will work with the City to minimize any overtime impact of the
additional holiday time being used before year end.
For employees hired after January 1st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 St of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination
occurs prior to July 1st of that year. The additional 20 holiday hours (10 hours in 2013)
will not be prorated, but will be a lump sum added at the beginning of the calendar year
or upon commencement of employment.
The two (2) floating holidays are banked on January 1 st of each year, provided that the
City shall not be requested to bank hours for floating holidays for any employee hired
on or after July 1st during the employee's year of hire. Floating holidays are use or
lose, will not be carried forward or cashed out if an employee permanently leaves the
service of the employer.
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Commonly Called
First day of January
New Year's Da
Third Monday of January
Martin Luther King Da
Third Monday of February
President's Da
Last Monday of May
Memorial Da
Fourth day of July
Independence Da
First Monday of September
Labor Da
11th Day of November
Veteran's Da
Fourth Thursday of
November
Thanksgiving Day
Friday following the fourth
Thursday in November
Day after Thanksgiving
25th day of December
Christmas Day
2 Floating Holiday
For 2013, the holiday bank shall increase from 96 hours to 106 hours of holiday pay.
The Association will work with the City to minimize any overtime impact of the
additional holiday time being used before year end.
For employees hired after January 1st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 St of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination
occurs prior to July 1st of that year. The additional 20 holiday hours (10 hours in 2013)
will not be prorated, but will be a lump sum added at the beginning of the calendar year
or upon commencement of employment.
The two (2) floating holidays are banked on January 1 st of each year, provided that the
City shall not be requested to bank hours for floating holidays for any employee hired
on or after July 1st during the employee's year of hire. Floating holidays are use or
lose, will not be carried forward or cashed out if an employee permanently leaves the
service of the employer.
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Section 2. Work on Holidays. The decision of whether an employee will be
required to work on an observed holiday will be made by the City. Employees working
on Thanksgiving Day, Christmas, New Year's Day (and an additional day each year to
be designated, prior to December 1 of the previous year, by the City) shall be paid at
time and one half for each hour worked.
Section 3. Use of Banked Holiday Hours. All employees shall make
reasonable efforts to expend their banked holiday hours prior to the end of each year
(December 31). Employees may use their banked holiday hours in increments no
smaller than two hours, and shall use all banked holiday hours prior to using any
vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO)
basis.
In the event an employee does not use all of his /her banked holiday hours prior
to December 31, the employee will forfeit the remaining banked holiday hours, except
that an employee may carryover unused banked holiday hours until June 30 of the
following year, if:
a. the employee makes a reasonable effort to use his /her banked holiday
hours /pay, the employee is denied the opportunity to use banked holiday hours /pay by
his /her supervisor, and the employee has written documentation of said effort in the
form of completed Department leave request forms reflecting that the use of banked
holiday hours /pay had been denied by the employee's supervisor, and /or
b. the employee was prevented from using banked holiday hours/pay
because of approved leave resulting from military service, long term disability, work
related injury, or a similar reason.
The City shall track employee use of banked holiday hours and, upon request,
the City shall provide employees and the Association with annual reports in October of
each year reflecting the amount of banked holiday hours /pay for each bargaining unit
employee.
ARTICLE 4: VACATIONS
Section 1. Vacation Accrual. Association members shall accrue vacation
benefits while in pay status, based upon their years with the city, as indicated in the
following table:
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In the event the city agrees to a more favorable schedule with the Police Guild the
Association may, upon notice to the City, have such schedule made applicable to
lieutenants as well.
Section 2. Accrual. Employees shall accrue vacation benefits on a semi-
monthly basis, consistent with the City's payroll periods. Part time regular employees
shall accrue vacation leave in accordance with the vacation leave schedule set forth in
Section 1 of this Article, however, such accrual rates shall be prorated to reflect his /her
normally scheduled work week.
Section 3. Vacation Increments. Vacation may be used in two-hour
increments at the discretion of the Chief or his /her appointed designee.
Section 4. Payment Upon Death. In cases of separation by death, payment
of unused vacation benefits shall be made to the employee's estate, or in applicable
cases, as provided by RCW, Title 11.
Section 5. Forfeiture of Vacation. The maximum total vacation accrual is
two times the employee's annual accrual rate.
All employees shall use all of their excess vacation accrual prior to December
31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed
the maximum stated herein, upon request and with approval of the Department and the
Mayor, if cyclical workloads, work assignments or other reasons as may be in the best
interests of the City prevent the City from scheduling the vacation.
Employees who leave City employment for any reason will be paid for their
unused vacation up to the maximum specified herein, except that employees who
become disabled in the line of duty and retire as a result thereof, shall be paid for all
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Full Years of Service
Annual
Leave
in Hours
Through end of Year 5
96
Upon
beginning of Year 6
132
Upon
beginning of Year 11
150
Upon
beginning of Year 16
1 180
Upon
beginning of Year 21
204
In the event the city agrees to a more favorable schedule with the Police Guild the
Association may, upon notice to the City, have such schedule made applicable to
lieutenants as well.
Section 2. Accrual. Employees shall accrue vacation benefits on a semi-
monthly basis, consistent with the City's payroll periods. Part time regular employees
shall accrue vacation leave in accordance with the vacation leave schedule set forth in
Section 1 of this Article, however, such accrual rates shall be prorated to reflect his /her
normally scheduled work week.
Section 3. Vacation Increments. Vacation may be used in two-hour
increments at the discretion of the Chief or his /her appointed designee.
Section 4. Payment Upon Death. In cases of separation by death, payment
of unused vacation benefits shall be made to the employee's estate, or in applicable
cases, as provided by RCW, Title 11.
Section 5. Forfeiture of Vacation. The maximum total vacation accrual is
two times the employee's annual accrual rate.
All employees shall use all of their excess vacation accrual prior to December
31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed
the maximum stated herein, upon request and with approval of the Department and the
Mayor, if cyclical workloads, work assignments or other reasons as may be in the best
interests of the City prevent the City from scheduling the vacation.
Employees who leave City employment for any reason will be paid for their
unused vacation up to the maximum specified herein, except that employees who
become disabled in the line of duty and retire as a result thereof, shall be paid for all
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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unused accrued vacation in their account at the time of the termination of their
employment. Any employee who voluntarily leaves the department and does not give
the City two weeks notice shall forfeit all unused vacation, unless such notice is not
reasonably possible.
Section 6. Vacation Scheduling. If the City cancels vacation once it has
been approved and the affected employee has incurred non - refundable expenses in
planning for the same, the employee shall be reimbursed by the City for those
expenses. Any employee called back to duty once vacation has begun shall be
reimbursed for any additional transportation costs incurred in returning to duty.
Section 7. Vacation Cash Out. Annually, each employee may elect to cash
out forty (40) hours of accrued vacation. An employee electing to cash out forty (40)
hours of accrued vacation must provide notice to HR no later than November 1.
Payment for those employees electing to cash out forty (40) hours of accrued vacation
shall be made on the first pay check in December.
ARTICLE 5: SICK LEAVE
Section 1. LEOFF. Sick leave benefits are accrued by employees based on
their eligibility to participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in
accordance with state law.
b. LEOFF 11 employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 1,040 hours.
Section 2. Sick Leave Usage. Accrued sick leave benefits may be used by
an employee to avoid loss of pay if the employee is unable to work due to personal
illness or injury, enforced quarantine in accordance with community health regulations,
or the serious injury or illness of an child of the employee with a health condition that
requires treatment or supervision, or for a spouse, domestic partner, parent, parent -in-
law, or grandparent of the employee who has a serious health condition or an
emergency condition as more particularly established in Chapter 296 -130 of the
Washington Administrative Code (WAC). Sick leave benefits may be used in one half -
hour increments.
Section 3. Industrial Insurance Leave. If the state grants industrial
insurance benefits, the Lieutenant will remain fully compensated under the City's "kept
on salary" program ( "Program "). The Program will continue the full salary without
deducting any leave for thirty (30) days. In the event the Lieutenant cannot return to
work on the thirty -first (31 St) day, the Lieutenant would become eligible for time loss.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Unless otherwise required by State law, the procedure for workers' compensation
time loss payment/reimbursement will be as follows:
State Industrial Insurance will pay time loss compensation according to a set
formula based on marital status and number of dependents. Lieutenants cannot use
sick leave and receive worker's compensation at the same time, because this results in
"double payment ". Lieutenants must use the time loss money from worker's
compensation to "buy back" the sick leave used. Compensatory time cannot be bought
back. "Buy back" for vacation leave is optional. Since worker's compensation only
pays a percentage of full wages, a Lieutenant can only "buy back" a percentage of the
leave used with that money, however, the Lieutenant will not suffer the income loss that
occurs when he /she only receives worker's compensation benefits. When an employee
receives a worker's compensation time loss check, he /she should turn the check over
to payroll. Based upon the Lieutenant's hourly rate and the amount of worker's
compensation time loss received, payroll will determine the amount of leave to be
bought back. Payroll will notify the Lieutenant when all available sick leave and /or
vacation leave has been used, and then the employee will keep additional worker's
compensation time loss payments until he /she is able to return to work. The City will
continue to pay its portion of health insurance premiums for up to a total of six 6)
months while a Lieutenant is on "kept on salary" and subsequently receiving workers'
compensation time loss payment.
A Lieutenant who has been away from work due to an injury may not return to work
without a written statement from the appropriate medical personnel stating the
Lieutenant is able to resume his/her job duties, or specifying limits on duties which can
be performed.
Section 4. Family Care and Death.
a. Bereavement Leave. Regular, full time employees shall be entitled to
three (3) days (24 hours) of bereavement leave due to death of a member of the
employee's immediate family or domestic partner. Regular, full time employees, who
have exhausted their bereavement leave, shall be entitled to use sick leave in the
amount of up to three (3) days when death occurs to a member of the employee's
immediate family or domestic partner.
b. family Care Leave. Employees may use sick leave for family care
purposes in accordance with state law and the City's Employee Guideline.
C. Immediate Family. Immediate family is construed to mean persons
related by blood or marriage to an employee as follows: grandmother, grandfather,
mother, father, step parents, husband, wife, son, daughter, step children, legally
adopted child, brother, sister, and grandchildren.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Section 5. Statement of Physician. The City may reasonably require a
physician's statement for the purpose of assuring that sick leave benefits are being
used in conformance with this article, to verify that a lieutenant has been released to
return to duty, and for FMLA related compliance.
Section 6. fitness for Duty. The City may require that an employee take a
fitness for duty examination when the City has reasonable doubt that the employee can
perform the essential functions of the job.
Section 7. Federal Way Community Center Membership.
1. Regular employees can sign up to receive 1) a multi -visit pass (11 visits
for the price of 10, an $80 value) to the Federal Way Community Center for the 1St
quarter 2010 by paying a $10 non - refundable employee contribution; or 2) a three
month pass ($135 value) to the FWCC for the first quarter 2010 by paying a $25 non -
refundable employee contribution.
2. Employees "enroll' at FWCC by 1) showing their identification card; 2)
completing the applicable passholder agreement; 3) paying the non - refundable
employee contribution for the multi -visit or 3 month pass by cash /check/credit card by
the 15th of the first month of the quarter (January 15, April 15, July 15 and October 15).
3. Only one pass (either the multi -visit or the 3 month pass) per enrolled
employee per quarter will be issued.
4. Employees who select the multi -visit pass must visit the FWCC 11 times
during the quarter to be eligible to receive a pass for the following quarter. This
continues each quarter until the next calendar year when a new initial enrollment is
required and allowed.
5. Employees who select the 3 month pass must visit the FWCC at least 18
times during the quarter to be eligible to receive a pass for the following quarter. This
continues each quarter until the next calendar year when a new initial enrollment is
required and allowed.
6. A "visit" is defined as "exercising within the FWCC for at least 20
minutes." "Walk -by visits" where an employee counts a visit when exercising outside is
not allowed.
7. There are no exceptions to the pass visit requirements.
8. Employees who satisfy the visit requirements for their current pass during
the quarter may switch from the multi -visit pass to the 3 month pass and vice versa for
the following quarter by making the appropriate non - refundable contribution. The
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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employee will be required to satisfy the requirements for the pass selected in order to
be eligible for either pass the following quarter.
9. Newly hired employees have the option of enrolling for the pass
immediately of starting the first of the following quarter.
10. Employees who terminate employment will be able to use the pass for the
remainder of the quarter when it will be deactivated.
11. Employees who have not satisfied the 11 visits required for the multi -visit
pass during the quarter will be allowed to keep and use the multi -visit pass until all visits
are used, however they will not be eligible for additional passes in subsequent quarters.
12. Passes are not transferable among employees or to any non - employee.
13. Employees must report lost passes to the FWCC so the pass can be
deactivated. The employee will be charged a fee of $5 to replace lost passes.
14. The employee can upgrade to family passes on a quarterly basis by
paying the difference between the full cost of the selected pass and the quarterly family
pass as follows:
3 month Upgrade: $201 family pass - $110 City contribution for employee pass =
$91 total employee cost (including $25 contribution to employee pass)
Multi -visit Upgrade: $201 family pass - $70 City contribution for employee pass =
$131 total employee cost (including $10 contribution to employee pass)
15. While the City anticipates adequate funding, should there be higher than
projected use, passes will be issued as indicated above only until the funding is
exhausted.
Community Center membership as described above is being provided on a
trial basis and may be modified or discontinued at the sole discretion of the City.
The City agrees that in the event it determines to discontinue the membership, it will
not do so for only the Association.
Section 8. FMLA Leave. For purposes of determining the twelve (12)
week leave period provided by the FMLA, such period shall run concurrent with the
employee's accrued paid leave period. The amount of leave available for use is
based upon a rolling twelve (12) month period.
Section 9. Sick Leave Incentive. In January of each calendar year,
employee sick leave usage will be reviewed. Employees who have not used any sick
leave in the preceding calendar year, and who have been continuously employed
during that entire calendar year, shall be rewarded by having eight (8) additional hours
credited to their vacation account.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Section 10. Domestic Partner Requirements. In order to constitute a
domestic partner under this agreement an employee must sign an affidavit stating that
both parties are:
a. Not related by blood closer than would bar marriage in Washington State.
b. Not married to another or in any other domestic/civil partnership.
C. 18 years of age.
d. Competent to contract when the domestic partnership began.
e. Declare each other's sole domestic partner.
Currently share primary residence /mutual supportlintend indefinitely.
g. Have an intimate, committed, and exclusive relationship.
h. Of the same sex and /or opposite sex and responsible for each other's
common welfare.
Section 11. Domestic Partner Benefits. A person whom a Lieutenant
identifies as his or her domestic partner by completing an Affidavit of Domestic Partner
will be provided the same consideration as an employee's "spouse" for purposes of this
agreement.
Section 12. Alternate Duty /Early Return to Work. The City recognizes the
value of trained lieutenants and, therefore, offers the Alternate Duty /Early Return to
Work Program in accordance with the Employee Guidelines to all injured
employees, whether injured on -duty or off. The City will work in good faith with the
attending physician to return the employee to work as soon as possible or to provide
alternative work for a maximum of six months. If, at the expiration of the six months,,
the attending physician determines that the employee will be able to perform the
essential functions or duties of the job within a reasonable time period, the City will
continue to work with the lieutenant to provide reasonable accommodation.
Section 13. Sick Leave Payment at Time of Retirement. Upon retirement
into LEOFF II, the City agrees to pay twenty -five percent (25 %) of an employee's
unused accrued sick leave hours at the employee's current hourly rate with a cap of
260 hours.
ARTICLE 6: WAGE RATES
Section 1. Wages. The linkage of twenty -two percent (22 %) between the top
step of base pay (excluding P -3 and Career Development) ( "Top Step ") of the police
officer in the Guild contract and the first step of pay for Lieutenants (the "Differential
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Formula ") is intended to provide stability and avoid potential compression. Throughout
the term of this Agreement, the Lieutenants will receive a pay adjustment whenever
there is a change in the Top Step in the Guild bargaining agreement. The pay
adjustment shall occur at the same time that the Guild adjustment to the Top Step is
effective. While each party reserves the right to seek a change in the Differential
Formula in future negotiations, any such change will require the party proposing it to
have a compelling basis for making the change. In the event negotiations between the
parties to this Agreement extend into the year following the contract expiration date of
this Agreement, the Lieutenants will not receive any change required by the Differential
Formula until a new Agreement is in place. For example, this Agreement expires on
December 31, 2014. In the event the Guild receives an increase of X percent on
January 1, 2015, and the parties are still negotiating their new agreement, no additional
pay will be received by the Lieutenants until the contract negotiations are complete. At
that time, assuming no change is agreed to in wages by the City and the Lieutenants
Association, the Lieutenants shall receive an increase of X percent (as provided in the
Differential Formula) retroactive to January 1.
The wage adjustments for 2013 are retroactive to January 1, 2013, and apply to
currently employed Lieutenants as of ratification. Wage rate shall be as specified in
Appendix A.
Section 2. Supervisory Training Incentive. A lieutenant will receive a one-
time payment of $250 upon completion of the first level supervisory certificate. A
lieutenant will be eligible to receive an additional one -time payment of $250 upon
completion of 72 hours of approved elective supervisory and management classes
taken within a three year period. If a lieutenant makes a good faith effort to meet the
goal during the three year period, but is unable to do so as a result of reasonable
training requests being denied (funding, for operational reasons, etc.) the time period
for obtaining the additional hours will be extended one year.
Section 3. On -Call Pay. Effective the first pay period following ratification of
the Agreement, employees assigned as detectives, employees assigned to the Traffic
Unit/Traffic Investigation Unit, SRT and the Bomb Unit shall receive an additional five
(5) percent of the top step wage rate per month as on call pay. The higher percentage
rate is due to the more frequent rotation.
Section 4. Extra -Duty Pay. Employees assigned as Field Training
Lieutenants shall receive an additional three (3) percent of the top step wage rate, as
extra -duty pay for all time when there is an officer in the Field Training Program.
Section 5. Non- Pyramiding. On -call pay and /or extra duty pay shall not be
duplicated or pyramided.
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12
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts.
a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule.
Shift starting hours will be determined from time to time by the City. There will be a
minimum of two Lieutenants assigned to each shift.
a. (ii) Detective Lieutenants will work a 4/10 schedule with either Mondays or
Fridays off. In the event of court appearances or operational needs of the Police
Department, the City may adjust the shifts and work days of Detective Lieutenants to
minimize overtime expenses to the City. Normal work hours will be from 0700 -1700.
Detective Lieutenants will be authorized to work a traditional 5/8 schedule upon
request. Except for the rotating on -call detective assignment, if the City determines to
have individual schedules for detectives that do not have weekends off, the City will
initially request volunteers and then make the assignment by inverse seniority if there
are insufficient volunteers. Lieutenants will continue to flex their time when reasonably
possible so as to minimize overtime.
a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will work a
4/10 schedule. In the event of court appearances or operational needs of the Police
Department, the City may adjust the shifts and work days of these Lieutenants to
minimize overtime expenses to the City. These Lieutenants will be authorized to work a
traditional 5/8 schedule upon request.
b. Reopener. The parties recognize that Federal Way is a relatively new
City and that the police department has only been engaged in patrol operations since
October of 1996. Accordingly, the parties agree that the City may reopen the issue of
shift scheduling with the Association. Any such bargaining will be handled on an
expedited basis. After 45 days, either party may request a mediator from the PERC. If
no agreement is reached within 30 days of the first mediation meeting, either party may
request the Executive Director to submit the matter to interest arbitration. In such
event, the other party will join in the request. The parties agree to waive the arbitration
panel and agree to select a single arbitrator in accordance with the parties' grievance
procedure, and to cooperate in expediting the arbitration procedure.
C. The normal workday shall be inclusive of the thirty minute lunch period for
all members of the bargaining unit. Lieutenants in investigations will flex their
schedules so as to minimize the impact on the City.
Section 2. Shift Bidding. Lieutenants assigned to the patrol function will bid
annually for their work shift and days off based upon seniority. The bid sheets will be
posted for one week, and lieutenants on leave may bid by proxy.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
13
The City may move a lieutenant during the year, or after reviewing the bid
results, based upon reasonable necessity. A reasonable necessity would involve a
change made by the City due to legal concerns. In the event the change will be for
more than four (4) months, the Association may request a rebid of positions.
Section 3. Specialty Assignments. The assignment of employees to
specialty units shall be made by the City.
Section 4. Shift Trades. With management approval, shift trades may be
made, upon request of the employee. Under no circumstances will a shift trade result
in the payment of contractual overtime, or have any other additional cost to the City.
Section 6. Out of Class. A lieutenant assigned by the City to perform work
out of class (i.e.- as a commander) will receive a seven percent (7 %) increase for those
hours spend as performing those duties.
Section 6. On -Call. Employees who are on -call pursuant to an on -call
schedule authorized by this section shall carry a City provided pager or be reachable by
telephone, and shall generally respond within one (1) hour. Employees who are on -call
shall also be provided a City vehicle for commute purposes during all periods that the
employee is subject to call -back.
Section 7. Rotating Schedule. Lieutenants assigned to the Criminal
Investigations Sections and the Traffic Unit Major Accident Investigations Team may
be placed on a rotating, on -call schedule. The schedule and procedures for
assigning lieutenants to on -call duties will be consistent with current practice.
ARTICLE 8: OVERTIME
Section 1l. Anytime worked in excess of the assigned shift shall be paid at the
overtime pay rate. Except in emergency situations, Department approval is required
before working overtime. Overtime shall be paid at time and one -half (1 -1/2) times the
employee's regular hourly rate of pay. Overtime shall be accrued in increments of one -
quarter hour, with the major portion of one - quarter hour to be paid as one - quarter hour.
a. Compensatory time may be accrued by an employee at the time and one-
half (1 -1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of
eighty (80) hours. The accrual of compensatory time is contingent on approval by the
City.
b. Compensatory time off shall be used in accordance with the provisions of
the Fair Labor Standards Act and the case law decided there under, including
Mortensen v. County of Sacramento.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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Section 2. Supervision. To insure adequate supervision in the patrol function
if the on duty a lieutenant's absence will include hours when a commander is not on-
duty, then patrol supervision will be conducted by lieutenant on overtime. If no
lieutenant volunteers to fill the overtime then an officer that has served as an Acting
Lieutenant in the past may fill the overtime. Time off requests will not be denied solely
due to a commander not being on -duty.
Section 3. Callback. Any employee called back after finishing his/her regular
shift, or called to report on his /her day off for any reason (including being called into
court on matters arising directly from the lieutenant's employment as a police
lieutenant), shall be guaranteed three (3) hours pay at one and one -half (1 -1/2) times
his/her regular straight -time hourly rate of pay. If the assignments require time over the
three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of
one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay.
a. When a lieutenant is called back to work within a three (3) hour period
immediately preceding his /her regular shift, he /she shall be entitled to pay at and
one -half (1 -1/2) times his /her regular straight -time hourly rate of pay from the time of
appearance to the time his /her regularly scheduled shift begins, whatever that period of
time shall be.
b. All court time accumulated which begins when a lieutenant is on duty and
extends past his /her regular shift, shall be compensated at one and one -half (1 -1/2)
times the regular straight -time hourly rate of pay for the period following the regular duty
shift.
C. In the event an lieutenant is given less than twelve (12) hours notice of
cancellation of a scheduled off -duty court appearance, he /she shall be entitled to two
(2) hours pay at one and one -half (1 -1/2) times their regular straight -time hourly rate of
pay. Notice of cancellation will first be attempted by direct phone message. If no
contact is made, a message to voice mail (either at home or the Department) indicating
time and date of message shall suffice as notification.
Section 4. The City has elected a 7(K) exemption pursuant to the Fair Labor
Standards Act (FLSA). The City may determine a work period consistent with the 7(K)
exemption, and will pay the overtime rate for FLSA hours worked in excess of the
maximum permitted in that work period, unless overtime pay has already been paid
pursuant to the requirements of this Agreement.
Section 5. FLSA Provisions. The City will comply with the hours of work
provisions of the FLSA regarding the determination of compensable time.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
15
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan. The Employer shall provide LEOFF I employees
such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers
and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II
employees the coverage shall be as follows:
a. Medical Plan. Effective January 1, 2014 the Employer shall pay each
month one hundred percent (100 %) of the premium necessary to purchase employee
coverage and ninety percent (90 %) of the premiums necessary for the purchase of
dependent coverage (excluding spouses who are eligible for other coverage through
their place of employment) under Group Health Ailiant Plus or Group Health direct
insurance plans as selected by the employee. The City will reimburse actual expenses
incurred in order to cover the annual deductible payments for "out -of- network" services
under the Alliant Plus Plan ($100 individual, max $300 family).
b. Dental and Vision Plans. The Employer shall provide Group Dental Plan
equivalent to the AWC Plan F for LEOFF I dependents and LEOFF 11 employees and
their dependents. The Employer shall provide Group Vision Plan to the employees and
their dependents.
C. Other. The life insurance benefit shall be one (1) time's annual salary to a
maximum of $110,000. Additionally, the Employer agrees to a section 125 plan to allow
for pretax payment of employee insurance co -pays by the employee.
Section 2. Supplemental Disability Insurance. The City shall continue to
provide supplemental coverage. The Association may elect to have a LEOFF II
Supplemental Disability Income Plan: In that event, the Employer shall provide for
mandatory payroll deduction for a LEOFF II disability plan selected and administered by
the Association. Participation shall be a condition of employment for all LEOFF II
employees. Other than payroll deduction, the City shall have no responsibility for
administration of this benefit.
Section 3. Retiree Health and Welfare Continuation. Any employee retiring
from the service of the City, including any disability retirement, shall be permitted to
purchase AWC retirees coverage provided that: (a) the City continues to provide
coverage through AWC, (b) AWC offers coverage to retirees, (c) the employee pays the
premiums for such coverage (including any additional premium required for dependent
coverage), and, (d) there is no cost to the City.
Section 4. Retirement Health Savings Plan. The City will establish a
mutually agreed upon, qualified, retirement health savings plan that will at a minimum
provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for
the group of mandatory or elective participation, (c) immediate vesting of all
contributions, (d) coverage for all medical expenses permitted by the IRS for medical
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
16
expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer
of an account to a surviving spouse /eligible dependent for use for eligible medical
expenses upon the death of the employee. The City will not make contributions to the
Retirement Health Savings Plan.
ARTICLE 10: MISCELLANEOUS
Section 1. Auto Reimbursement. All employees who have been authorized
to use their own transportation on City business shall be reimbursed for actual mileage
at the then current reimbursement recognized by the Internal Revenue Service.
Section 2. Appearances Before the Civil Service Commission, PERC. or
Labor Arbitrators. Employees who are requested by the City to attend proceedings
before the Civil Service Commission, 'PERC, or a labor arbitration may attend without
loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.),
shall be allowed to testify without loss of pay only during the time of their testimony.
The parties will cooperate in scheduling such witnesses so as to minimize any
disruption to the Department.
Section 3. Association Negotiating Committee. Up to three employees who
serve on the Association Negotiating Committee shall be allowed time off from duty to
attend negotiating meetings with the City.
Section 4. Association Business. The Department shall afford Association
representatives a reasonable amount of time while on -duty to consult with appropriate
management officials, and /or aggrieved employees, provided that the Association
representatives and /or aggrieved employees contact their immediate supervisors,
indicate the general nature of the business to be conducted, and request the necessary
time off. Such time off will not be allowed whenever the City reasonably determines it
will interfere with Department operations and Association representatives shall not use
excessive time in handling such responsibilities. The Association shall give the City as
much advance notice as reasonably possible of such time off requests.
Section 5. Bulletin Boards. The City shall permit the use of a bulletin
board by the Association for the posting of notices relating to official Association
business, so long as the matters posted are not inflammatory or otherwise
detrimental to the operations of the Department.
Section 6. Damage of Personal Effects. Employees who, in the line of duty,
suffer damage to personal property and /or clothing, will have same repaired or replaced
at Department expense. Damage caused by ordinary wear and tear will not be
covered, and replacement will be limited to personal effects of regular and ordinary
value (i.e. -no Rolex watches).
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Section 7. Personnel Files. Employees shall have access to complete copies
of their personnel files at any reasonable time. The employee may request removal of
material that he /she believes is erroneous or irrelevant. If the employee does not agree
with the City's decision, he /she may prepare a statement responding to or supplementing
the material in the file, and that statement will be placed in the file. Employees may
request that written reprimands be expunged from personnel files after a minimum period
of three years if there is no recurrence of similar misconduct for which the employee was
disciplined during that period. Employees may request that records of more serious
discipline be expunged from personnel files after a minimum period of five years if there is
no recurrence of similar misconduct for which the employee was disciplined during that
period. Requests for the expunging of disciplinary references in personnel files, pursuant
to this section, shall not be unreasonably denied. In making this determination a factor
the Chief may consider is that the Lieutenant is in a supervisory position. Nothing in this
section shall be construed as requiring the City to destroy any employment records
necessary to the City's case if it is engaged in litigation in any way related to that
employee's employment at the time those records would otherwise be destroyed.
Section 8. Uniforms and Equipment. All commissioned lieutenants shall
be furnished all required uniforms and equipment. Uniforms shall be dry- cleaned at the
City's expense as necessary. Lieutenants assigned by the City to non uniform
positions (detectives and administrative) will be paid an annual clothing allowance of
$500.00 which will be available for the reimbursement of expenses incurred in the
purchase of clothing needed in the investigations unit (sport coats, etc.). Such payment
shall be made upon assignment to investigations and each anniversary date of the
assignment to investigations thereafter.
Section 9. Jury Duty. An employee required bylaw to serve on jury duty shall
continue to receive salary for up to eighty (80) hours for each separate occasion the
employee is required to serve, shall be relieved of regular duties, and assigned to day
shift for the period of time so assigned to jury duty. The fees, exclusive of mileage,
paid by the Court for jury duty shall be forwarded to the City. The City shall have the
right to request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on the
City or other personnel.
When an employee is notified to serve on jury duty, he /she will inform his /her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Lieutenants who have time remaining on their shift at the time of release or
dismissal from jury duty shall immediately contact their supervisor to determine whether
they should report for duty.
Section 10. Defense and Indemnification. The City shall provide legal
defense and indemnification pursuant to the City Code.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
18
Section 11. Service Leave. Members will be provided a one -time accrual of
40 hours (pro -rated for regular part-time employees) of vacation leave after each
consecutive 10 year period of continuous employment at the City (i.e. after 10 years,
20 years, 30 years, etc.).
ARTICLE 11: PROHIBITED PRACTICES
Section 1. Neither the Association nor the City shall initiate, authorize, or
participate in any strike, work stoppage, work slow -down, lock -outs, or any other
organized effort that interferes with the efficient operation of the Department.
Section 2. Employees covered by this Agreement who engage in any of the
actions prohibited in Section 1 above shall be subject to such disciplinary actions as
may be determined, up to and including discharge and termination, by the City. The
Association agrees that the level of any such disciplinary action issued by the City shall
be final and binding, and in no case be construed as a violation by the City of any
provision of this Agreement.
ARTICLE 12: 'REDUCTIOWN -FORGE
Section 1. Layoff. Employee layoffs shall be made on the basis of job
performance and seniority. Absent significant and material distinctions in job
performance, the employee with the least amount of seniority shall be laid off first.
Relative job performance shall be determined on the basis of qualifications and job
performance evaluations.
Section 2. Recall. Employees laid off in accordance with the provisions of
this Article will be offered reinstatement into future vacancies of the same classification
in the inverse order of layoff, for a period of one year from the date of layoff. An
employee that has been laid off must keep the City informed of their current address
and phone number. An employee who fails to report for duty within three days of being
recalled (or commits to return within three days, even though he /she can not actually
return for up to two calendar weeks due to the requirement to give notice to an interim
employer), or who rejects an opportunity for reinstatement, shall be removed from the
recall list.
ARTICLE 13: DISCIPLINARY INVESTIGATIONS
Section 1. Disciplinary Standards. No employee shall be subject to
discipline except for just cause. An employee who engages in off -duty misconduct may
be subject to discipline when: (1) the off -duty misconduct, if known, would harm the
City's reputation in the community; (2) the off -duty conduct materially affects the
employer's business operation; or (3) the conduct is inconsistent with the office that the
police lieutenant holds.
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19
Section 2. Disciplinary Investigations. In criminal matters, an employee
shall be afforded those constitutional rights available to any citizen. In administrative
matters relating to job performance, the following guidelines shall be follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of
the City who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should know) that
the questioning could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the
matter in sufficient detail to reasonably apprise him /her of the matter. Nothing herein
shall operate as a waiver of the Association's right to request bargaining information.
C. Any interrogation of an employee shall be at a reasonable hour,
preferably when the employee is on duty, unless the exigencies of the investigation
dictate otherwise.
d. Any interrogation shall take place at the City Police Department, except
when impractical. The employee shall be advised of their right to and shall be allowed
that Association representation to the extent allowed by the law.
e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or
abusive questioning, nor shall he /she be threatened with dismissal, transfer or other
disciplinary punishment as a guise to attempt to obtain his/her resignation.
g. The Employer shall not require any employee covered by this Agreement
to take or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings,
except by stipulation of the parties to this Agreement
h. The Department may, and upon request will, tape record any
interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to
the lieutenant.
ARTICLE 14: GRIEVANCE PROCEDURE
Section 1. Grievance Procedure Steps.
a. Any grievance that may arise between parties concerning the application,
meaning, or interpretation of this Agreement, shall be settled in the manner prescribed
by this grievance procedure.
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
I.1
b. A "Grievance" is defined as a claim or dispute by an employee, group of
employees, or the Association concerning the interpretation or application of the
provisions of this Agreement. Nothing in this procedure shall prohibit an employee from
discussing a complaint directly with his supervisor or department head without
representation by the Association, as provided by State Law.
C. Should a subject for claim or dispute arise, there shall be no stoppage of
work by employees, but an earnest effort shall be made to settle such claims or
disputes promptly and in the manner hereinafter outlined.
Step 1
An employee or a group of employees claiming to have a grievance shall
discuss the complaint with the immediate supervisor within ten (10) calendar
days of the alleged occurrence, or when they reasonably should have known of
the alleged occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within
seven (7) calendar days after it is presented.
Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be
presented to the Police Chief (or designee) by the Association within seven (7)
calendar days of the supervisor's response or the expiration of the time limit in
step 2. The submission shall be in writing, setting forth the nature of the
grievance, the articles of this agreement allegedly violated, and the requested
remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within
ten (10) calendar days after it has been presented, and shall respond in writing.
Step 6
If the grievance is not settled by the Police Chief within the time allowed, it
may be presented in writing to the Mayor, with a copy to the Director of
Human 'Resources, by the Association within seven (7) calendar days of the
Police Chief's response or the expiration of the time limit in step 4.
Step 6
The Mayor shall have fourteen (14) days to review the grievance. If the
Mayor does not respond or otherwise settle the grievance within the fourteen -
day period, the grievance shall be automatically advanced to Step 7, and shall
not be forfeited by either party.
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Step 7
a. If the grievance is not settled at Step 6, and involves a matter other
than discipline, the dispute will be referred to the negotiating committee of both
parties. The two committees shall meet within ten (10) calendar days to
consider the dispute. At that meeting, all pertinent facts and information will be
reviewed in an effort to resolve the matter through conciliation. If no satisfactory
solution is reached in this step, the matter may be submitted in writing to
arbitration within 30 calendar days of the conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline
other than an oral or written warning, the matter may be submitted, in writing, to
arbitration within thirty (30) calendar days of the date that the Mayor's review is
due. Oral and written warnings may only be grieved through step 6 of this
procedure. However, if the City attempts to introduce prior oral or written
warnings in a subsequent discipline case that is subject to arbitration, the City
shall be required to prove that it had just cause to issue those prior oral or
written warnings as well as the instant discipline.
Section 2. Arbitration Panel. The City and the Association shall try to agree
upon a mutually acceptable arbiter. if the parties fail to agree, they shall request a list
of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all
arbiters being members of the National Academy of Arbitrators. The parties shall
alternatively strike from the list until only one name remains. The decision of the
Arbitrator shall be final and binding on the parties.
a. The Arbitrator shall make his /her own rules of procedure. The Arbitrator
shall have no authority to amend, alter, or modify this Agreement or its terms, and shall
limit his /her decision solely to the interpretation and application of this Agreement.
b. Each grievance or dispute will be submitted separately except when the
City and the Lieutenant Association mutually agree to have more than one grievance or
dispute submitted to the Arbitrator.
C. The losing party shall bear the expense of the Arbitrator. The losing party
shall be denominated in the award. When there is no winning party, the cost of the
Arbiter shall be borne equally by the parties. All other costs and expenses will be paid
by the party incurring them, including costs of representation.
d. The Arbitrator shall have thirty (30) days from the close of the hearing to
issue an award.
Section 3. Time Limits. Time limits will be strictly adhered to, but may be
extended by mutual written agreement upon reasonable request, except for situations
where no timely grievance is filed. While forfeiture under this clause will finally resolve
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
22
the matter in dispute, it will not establish a precedent between the parties on issues of
contractual interpretation.
Section 4. Multiple Procedures. In the case of disciplinary actions, both
appealable to the Civil Service Commission and grievable under the terms of this
contract, a written election of remedies shall be made after receipt of the Step 6
response. An employee may elect to either pursue an appeal to the Civil Service
Commission or continue with the contractual grievance procedure, but not both. If
mutually agreed, time limits will be extended to complete a reasonable investigation
before the selection of remedies is made. An appeal will be timely under the Civil
Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance
procedure.
Section S. Step 3 Submission. In those instances where disciplinary action
is based on reasonable evidence of the commission of a crime, or the proposed
discipline involves suspension or termination of the employee, Step 3 of the Grievance
Procedure will be initiated immediately.
Section 6. Just Cause Standard. No employee may be discharged,
suspended without pay, demoted (except as provided below) or disciplined in any way
except for just cause. The City may withhold a step increase, for a specified period of
time, if it has just cause.
Section 7. Probationary Period. All newly promoted employees must serve
a probationary period. The probationary period upon promotion shall be one year from
the date of appointment. The probationary period shall be extended for the number of
work days equal to the number of work days an employee was absent in excess of 10
work days during the probationary period; provided that the taking of scheduled and
approved vacation shall not be counted toward the ten day period for promotional
probationers. The probationary period is an extension of the promotional process;
therefore, the provisions of this Article will not apply to employees if they are demoted
during the promotional probationary period for not meeting the requirements of the
classification. Grievances brought by probationary employees involving issues other
than demotion may be processed in accordance with this Article.
Section 8. Parties to the Agreement. In as much as this is an agreement
between the City and the Association, no individual employee may make use of the
provisions of this Article, except as expressly provided above.
ARTICLE 15: NONDISCRIMINATION
The Employer and the Association shall not unlawfully discriminate against any
individual with respect to compensation, terms, conditions, or privileges of employment
because of race, color, religion, national origin, age, sex, or disability. Claims of
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
23
unlawful discrimination shall not be processed in accordance with the grievance
procedure denominated herein.
The Employer and the Association agree that they will cooperate in complying
with the Americans with Disabilities Act.
ARTICLE 16: DRUG TESTING
Section 1 Reporting to work under the influence of alcohol and /or illegal drugs,
or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will
result in disciplinary action, including immediate termination. For the purpose of this
policy, substances that require a prescription or other written approval from a licensed
physician or dentist for their use shall also be included when used other than as
prescribed. Each employee must advise the Employer if they are using prescription or
other over - the - counter drugs they know or reasonably should know may impair their ability
to perform job functions and /or operate machinery such as automobiles. Under
appropriate circumstances the Employer may request the employee to provide written
medical authorization from a physician to perform various essential job functions while
using such drugs.
Any voluntary request by an employee for assistance with his/her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to being
identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals
within their ranks who have violated the very laws said agencies are charged with
enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the
employment of individuals who are or have been engaged in serious criminal conduct,
whether drug related or not.
Section 2. Where a supervisory employee of the City has a reasonable
suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is
abusing the use of prescription or over- the - counter drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing. Such tests include
breath tests, urinalysis and /or blood screens to identify any involvement with alcohol or
such drugs.
An employee who refuses to submit to discovery testing for alcohol and /or illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an illegal
drug for the purpose of administering this Article, and therefore will be subject to discipline,
including immediate discharge.
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Section 3. For the purpose of administering this Article the following definition of
terms is provided:
a. Reasonable Suspicion. Reasonable suspicion is based on speck
objective facts and reasonable inferences from those facts, that discovery testing will
produce evidence of a violation of this policy;
b. Under the Influence. In determining whether an employee is under the
influence, the following cutoff levels shall be used for the initial screening of specimens to
determine whether they are negative for these drugs or classes of drugs:
(Nanograms per milliliter) (ngfmQTestLevel
Amphetamines .............................................. ............................... . 1
Barbiturates ....................................................
............................... . 3
Benzodiazepines ................ ...............................
. ...................... 0
Cannabinoids ........ ............................... . .. .......................... ... .......... 100
Cocainemetabolites ..........................................
...............................
Methadone ........................... ...............................
....................... . 300
Methaqualone ................................................
............................... . 300
Opiates ( Codeine) ..............................................
.................... ..... ...... 3
Opiates( Morphine) ............................................ ...............................
Phencyclidine ( PCP) .......................................... ...............................
Propoxyphene ................................................. ............................... 300
Level of the positive result for alcohol ....
...........................0.04 blood alcohol
C. Illegal Drugs. All forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or
possession is prohibited or restricted by law.
d. Over- the - Counter Drugs. Are those drugs that are generally available
without a prescription and are limited to those drugs that are capable of impairing the
judgment of an employee to safely perform the employee's duties.
e. Prescription Drugs. All drugs that are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed
practitioner /physician or dentist.
Section 4. If an employee is required to submit to a drug test, the following
procedure shalt be followed:
a. The employee shall be given notice of an opportunity to confer with an
Association representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for the
employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
25
substances, or any other reasons known to employee, to the test administrator. The
Association representative may be present during this discussion.
C. The Employer may request urine and /or blood samples.
d. Urine and blood samples shall be collected at a local laboratory, hospital or
medical facility. The Employer shall transport the employee to the collection site. The
Employer and /or Association representative may be allowed to accompany the employee
to the collection site and observe the bottling and sealing of the specimen. The employee
shall not be observed by the Employer when the urine specimen is given.
e. All specimen containers, vials, and bags used to transport the specimen,
shall be sealed to safeguard their integrity (upon request, in the presence of the
Employer, employee and Association representative) and proper chain -of- custody
procedures shall be followed.
f. The collection of the samples shall be performed at CHEC Medical Center
and the testing at Drug Proof, or at another collection center or laboratory mutually
agreed to by the parties. The results of such tests shall be made available to the
Employer and the Association.
g. If a specimen tests positive in an immunoassay screen test, the results
must be confirmed by a gas chromatography /mass spectrometry tests. The specimen
must show positive results at/within the following limits on the GC/MS (gas
chromatography /mass spectrometry) confirmatory test to be considered positive:
ng /ml.
h. If immunoassay is specific for free morphine, the initial test level is 25
Section 5. Confirmatory Test.
Marijuana metabolites ............................ .............................15 ng/ml
Cocaine metabolites .............................. ............................150
ng/ml
Opiates
Morphine .................................. ...............................
300 ng /ml
Codeine ............................................................ :.....
300 ng/ml
Phencyclidine ........................................ .............................25
ng/ml
Amphetamines
Amphetamine ............................ ...............................
500 ng/ml
Methamphetamine ...................... ............................... 500
ng/ml
Section 6. At the employee's or the Association's option, a sample of the
specimen may be requisitioned and sent to a laboratory chosen by the Association for
testing. The cost of this test will be paid by the Association or the employee. Failure to
exercise this option may not be considered as evidence in an arbitration or other
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
26
proceeding concerning the drug test or its consequences. The results of this second test
shall be provided to the City.
Section 7. The employee and the Association (upon consent of the employee)
shall be informed of the results of all tests, and provided with all documentation regarding
the tests as soon as the test results are available. Such disclosure shall be in
conformance with the Americans with Disabilities Act.
Section 8. The parties designate Robert Petrie and Samuel Straus as the
Medical Review Officer (MRO) to review all confirmed positive test results and
communicate those results to the Employer. An MRO shall have the responsibility to
determine when an individual has failed a drug test in accordance with the standards
enumerated herein. The MRO shall retain all records of all positive tests for at least five
years and records of all negative tests for at least one year.
Section 9. If the results of the drug test are positive, and support a conclusion
that the employee used an illegal drug, abused the use of a prescription or over -the-
counter drug, or reported to work while under the influence of alcohol, the employee shall
be subject to discipline, including immediate discharge.
ARTICLE 17: SENIORITY
The term seniority as used in this Agreement will be defined as total service as a
police lieutenant from date of promotion and/or appointment. If lieutenants are
promoted on the same date then the total years of service as a commissioned police
officer in any state will be utilized to determine seniority.
ARTICLE 18: SAVINGS CLAUSE
Should any provision of this Agreement be rendered or declared invalid by
reason of any existing or subsequently enacted legislation, or by any decree of a court
of competent jurisdiction, such invalidation shall not invalidate the remaining portions
hereof; provided, however, upon such invalidation the parties agree to meet and
negotiate the affected provision(s). The remaining provisions shall remain in full force
and effect.
ARTICLE 19: WAIVER CLAUSE
The parties acknowledge that each has had the unlimited right within the law and
the 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 and
opportunity are set forth in this Agreement. Therefore, the City and the Association, for
the duration of this Agreement, each agree to waive the right to oblige the other party to
bargain with respect to any subject or matter not specifically referred to or covered in
this Agreement.
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ARTICLE 20: DURATION
This agreement shall be effective until December 31, 2014. Except as otherwise
provided by the express terms of this Agreement, all terms and conditions of this
agreement shall become effective on the date of signing.
DATED this AIN day of 0•4 , 2013.
CITY OF FEDERAL WAY:
Skip Pries f, Mayor
Approved as to form:
City Attorney, Patricia Richardson
FEDERAL WAY POLICE LIEUTENANT
ASSOCIATION:
s iation ident, Tracy Grossnickle
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28
APPENDIX A
Lieutenant: The following wage adjustments apply to the currently employed Lieutenants as
of ratification, and will be retroactive to January 1, 2013.
Step A Step B Step C
$7,549 $8,093 $8,675
The Lieutenants steps are reduced to three with a 7.2% difference between steps.
K:\Union \Lt\2013 \mediation\2013 — 2014 Agreement dean(2)
2013 -2014 COLLECTIVE BARGAINING AGREEMENT
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