HomeMy WebLinkAboutAG 19-128 - PSSA RETURN TO: :- EXT: 075 3 A
CITY OF FEDERAL W Y LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: W u m X4/1 Resourzee 5
ORIGINATING STAFF PERSON: 'jt.gYL 'S[ar'�tm EXT: 9 53 A 3. 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
❑ CONTRACT AMENDNIENTAG#): �}} ❑ INTERLOCAL
OTHER VJ.dlvG_ ,tr w� lfL�i7 mGc '
PROJECTNAME: ion y r CSS A550C4-0-+I-r-r)
NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: TITLE
EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE:—Pj) 0—1 [1-6 20 99 COMPLETION DATE: I ZI 3 112-0 19
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 ❑YES ❑NO IF YES,$ PAID BY:E]CONTRACTOR ElCITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL I DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: �4
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DAT"SIGNED
❑ LAW DEPARTMENT WP
'NATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK 0 >n�G
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED DATE SENT:, • -9
.OMMENTS:
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CITY OF FEDERAL WAY AND FEDERAL WAY POLICE
SUPPORT SERVICES ASSOCIATION
Collective Bargaining Agreement
2019
Table of Contents
PREAMBLE................................................................................................................................................ . 1
ARTICLE 1: RECOGNITION AND BARGAINING UNIT................................................................... . 1
Section1. Recognition of the Unit................................................................................................ . 1
Section2. Bulletin Board ...............................................................
Section 3. Association Officials Release Time.............................................................................. 1
ARTICLE 2: MEMBERSHIP AND DUES DEDUCTION........................................ 2
Section1. Dues Deduction .............................................................................................................. 2
ARTICLE3: EMPLOYMENT PRACTICES........................................................................................... 2
Section1. Seniority Definition......................................................................................................... 2
Section2. Layoff............................................................................................................................... 2
Section 3. Establishment of Reinstatement Register................................................................... 3
Section 4. Employment Status When Reinstated........................................................................ . 3
Section5. Non Discrimination.......................................................................................................... . 3
Section6. Personnel Files ............................................................................................................... 3
Section 7. Employment References................................................................................................ 4
ARTICLE 4: HOURS OF WORK AND OVERTIME.............................................................................. 4
Section1. Hours of Work.....................................................-..-..................................................... 4
Section2. Overtime.......................................................................................................................... 5
Section 3. Comp Time in Lieu of Pay for Overtime....................................................................... 5
Section 4. Overtime Minimum -Call Back/Court Time.................................................................. 6
Section5. Shift Bidding.................................................................................................................... 6
ARTICLE5- MANAGEMENT RIGHTS.............................................................................................. 7
ARTICLE6 - SICK LEAVE .......................................................................................................................... 8
Section1. Accrual and Usage ......................................................................................................... 8
Section 2. Washington Paid Sick Leave......................................................................................... 9
Accrual......................................................................................................... ..................................... 9
CarryForward...................................................................................................................................... 10
Verification of Absences Exceeding Three Days................................................................................ 10
Reinstatement of Employment............................................................................................................. 10
RetaliationProhibited.......................................................................................................................... 10
Section3. Domestic Partner.....................................................................,.................................... 10
ARTICLE7-HOLIDAYS .......................................................................................................................- 11
Section1. Holidays Observed ....................................................................................................... 11
ARTICLE 8 - EDUCATION ALLOWANCE................................................................................................ 12
Section1. General Policy....................................................... ..................................................... 12
ARTICLE9-VACATION .......................................................................................................................... 13
Section1. Vacation............................................................................................ 13
Section 2. Scheduling Annual Leave-Seniority Basis................................ 14
Section3. Payout............................................................................................................................ 14
Section 4. Maximum Carry Forward............................................. ............................................... 14
Section5. Service Leave............................................... ........... ....... —............. .................... ..... 14
ARTICLE1O— PENSIONS ........................................................................................................................ 14
ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES........................................................... .............. 15
Section1. Bereavement................................................................................................................. 15
Section 2. Personal Leaves ....................................................... ................................... .......... .. 15
Section 3. Leave mfAbsence—Medical— Non-FK8LA.................. ...... .......................... ........ ..... 18
Section4. Shared Leave ................................................................................................................ 18
Section 5. Military Leave................................................. .............---- ........—........... — ... —. 18
ARTICLE 12 -CITY SUPPLIED EQUIPMENT..............................— ................. ......— .......................... 17
ARTICLE 13 -SAVINGS CLAUSE......................................................................................... .................. 17
ARTICLE 14- ENTIRE AGREEMENT............................................... ............. .......... ................ ....... ..... 18
ARTICLE 15 - PERFORMANCE QFDUTY................................... ........................................................... 18
Section 1. Non-Strike Provisions........................................... ......... — .......... ............................. 18
ARTICLE 16: GRIEVANCE PROCEDURE .................................... ......... —................................ ........... 18
Section 1. Grievance Procedure Steps.......................... .... — .............. — ........ --- ... —' 18
Section 2. Arbitration Panel -------------- ...... .............. —.......... ......................... 2O
Section3. Time Limits................................................................................................................—. 21
Section 4. Multiple Procedures ..................................................... ................. ......................... ... 21
Section5. Step Submission................................................. ...................................................... 21
Section 6. Just Cause Standard.......................................................................... ......................... 21
Section 7. Parties bmthe Agreement........................................................ ............ —.................. 21
Section8. Probationary Period .............................................. ............. ... ................................... 21
ARTICLE 17 - EMPLOYER& EMPLOYEE RIGHTS...................... ................ .......... ...... ...................... 22
Section1. Discipline................................................................ ...... ..................................... ......... 23
Section 2. Disciplinary Investigations............................................................ ..................___... 22
Section 3. Psychological Evaluations ........................... ....... ................. .................................... 23
ARTICLE1Q -COMPENSATION .......................................................... ............................................... ' 23
Section1. Salaries...........................................................___...... .............. ........................ .......... 23
Section2. Out mfClass.......................................................................... .......................... —.......... 24
ARTICLE 1S - INSURANCE COVERAGE......................................................... ....................................... %4
Section 1. Medical/Dental Plans................................................................................. ............. .... %4
Section2. Life Insurance .............................................................................. .................... ........... 25
ARTICLE 2O ' FEDERAL WAY COMMUNITY CENTER........... ........................ ..................... .............. 25
ARTICLE 21 -SUBSTANCE ABUSE POLICY........................................................ .................... —........ 25
ARTICLE 22 - PROBATIONARY EMPLOYEES....................... ................................................. ......... � 25
ARTICLE 23 'TERM OFAGREEMENT.................................................................................................... 26
APPENDIXA..................................................................................................................... ........................ 37
WAGES------------------------------------------------' 27
CITY OF FEDERAL WAY
AND
POLICE SUPPORT SERVICES ASSOCIATION
Collective Bargaining Agreement
PREAMBLE
The collective bargaining agreement (the Agreement) herein contains the entire
agreement between Federal Way Police Support Services Association (hereinafter
called the Association) and the City of Federal Way, Washington (hereinafter known as
the City). The purpose of the City and Association in entering into this agreement is to
set forth their complete agreement with regard to wages, hours and working conditions
for the employees in the bargaining unit.
ARTICLE 1: RECOGNITION AND BARGAINING UNIT
Section 1. Recognition of the Unit
The City recognizes the Association as the sole and exclusive bargaining
representative for the bargaining unit described as all full time and regular part-time
special commission and non-commissioned employees as listed in Appendix A of the
City of Federal Way Police Department, excluding supervisors, confidential employees
and all other employees. The Association agrees that Records Supervisors shall be
excluded from the bargaining unit.
Section 2. Bulletin Board
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 notices posted are not
inflammatory or otherwise detrimental to the operation of the Department.
Section 3. Association Officials Release Time
a. Time off with pay shall be limited to regular negotiations sessions between
the City and the Association negotiating team members during their
scheduled duty hours, up to a limit of three members off with pay at a
time.
b. The Department shall afford Association representatives a
reasonable amount of time while on-duty to consult with appropriate
management officials, Association counsel and/or aggrieved
employees, provided that the Association representatives and/or
aggrieved employees contact their immediate supervisors, indicate
Police Support Services Association
Collective Bargaining Agreement-2019
Page 11
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.
ARTICLE 2: MEMBERSHIP AND DUES DEDUCTION
Section 1. Dues Deduction
The parties agree to the following:
2.1.1 The deduction of monthly dues uniformly levied by the Association for
those employees who elect to become members of the Association and who
request in writing to have their regular monthly Association dues deduction
checked off on the basis of individually signed voluntary check-off authorization
cards;
2.1.2 Each month, the City shall remit to the Association, all dues deducted
together with a list of employees and the amount deducted from each employee.
The City agrees to notify the Association of new employees within thirty (30)
calendar days of the date of hire.
2.1 .3 Hold Harmless. The Association agrees to defend, indemnify and hold
the City, its officers, directors, employees and agents harmless from any and all
claims, demands, actions, and liabilities (including attorney's fees) arising from
resulting from or connected with the City's compliance with this Article.
ARTICLE 3: EMPLOYMENT PRACTICES
Section 1. Seniority Definition
For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall
be defined as the employee's length of continuous service within their classification.
For all other purposes, seniority shall be defined as the employee's length of continuous
service with the City's police department. Seniority shall be broken by resignation,
termination for cause, layoff without recall for a period of 12 consecutive months, illness,
injury or other leave of twelve (12) consecutive months.
Section 2. Layoff
Should it become necessary due to budgetary conditions, lack of work, or any
other reasonable cause, to reduce the number of employees in this unit, the following
basic provisions will apply:
Police Support Services Association
Collective Bargaining Agreement-2019
Page 12
a. Order of layoff shall be determined by job classification. Regular
employees will be retained on the basis of job performance. Relative job
performance will be determined based upon relative qualifications,
experience, and job performance evaluations. If job performance is equal,
seniority in the classification will be the determinative factor.
b. Employees affected by the reduction in force shall receive thirty (30)
calendar days' notice of such layoff, or pay in lieu thereof.
Section 3. Establishment of Reinstatement Register
a. The names of employees who have been laid off shall be placed upon a
reinstatement register for the same classification from which laid off. This
reinstatement register shall be in effect for one (1) year from the date of
layoff, and shall take priority over other hiring or promotional lists.
b. Refusal to accept a recall from the reinstatement register for employee's
former classification shall terminate all rights granted under this
Agreement, and the employee shall be removed from the register.
C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most
service credit shall be first reinstated.
Section 4. Employment Status When Reinstated
In the event a employee leaves the service of the City due to a reduction in force
and within the next year the City rehires said former employee in the same classification
to which assigned at the date of reduction, such employee shall be placed at the step in
the salary range which the employee occupied at the time of the reduction.
Section 5. Non Discrimination
It is agreed that the City will not discriminate on the basis of age, sex, marital
status, race, creed, color, religion, national origin, ancestry, disability or activity
protected by RCW 41.56.
Section 6. Personnel Files
All personnel records are maintained in compliance with the laws related to
public records. Each employee is entitled to review and have photocopied his or her
personnel file and/or police department personnel file. An employee shall have an
opportunity to submit a letter to the file, responding to or supplementing information
contained in his or her file.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 13
Upon receiving a request for all or part of a personnel file, the affected employee
shall be notified of the request, and the information shall not be released for a period of
three (3) business days from the time of said notification, except upon service of a court
order or subpoena properly recorded and signed by a judge or magistrate demanding
immediate release.
Section 7. Employment References
Unless otherwise required by a valid court order or by law, at the written request
of the subject employee, or whenever the employee provides a written release to the
prospective employer, the City will furnish prospective employers with only the following
information about past or present employees to persons outside the City of Federal
Way:
• Dates of employment.
• Current job title or job title at the date of separation.
• Verification of salary information.
A copy of all requests for any information regarding past or present City
employees shall be sent to Human Resources.
ARTICLE 4: HOURS OF WORK AND OVERTIME
Section 1. Hours of Work
The normal work schedule for employees covered by this agreement shall not
exceed 40 hours of work in a seven (7) consecutive day period. The work week will
commence at the beginning of day shift on Sunday and end with completion of Saturday
night's graveyard shift. Where reasonably possible, the employee's work schedule shall
be posted at least thirty (30) days prior to the beginning of the applicable work period.
The normal work schedule for all employees covered by this Agreement shall be
designed with a 30 minute paid lunch period. The City will work in good faith with the
Association and employees to ensure that employees are able to receive their meal
period.
The work schedule shall be four consecutive ten (10) hour shifts followed by
three (3) consecutive days off. Provided this work schedule may be altered by mutual
agreement between the City, the Association and the employee.
The hours of work for the Animal Services officers shall be four consecutive ten
(10) hour shifts followed by three (3) consecutive days off. Provided, that the following
conditions apply:
a. These hours and days of the 4/10 schedule shall be determined by
management;
Police Support Services Association
Collective Bargaining Agreement-2019
Page 14
b. If an Animal Services Officer is going to be unavailable for an extended period
of time (40 hours or more) for any reason including but not limited to sick
leave, vacation leave, or training, management will have the right to move the
remaining Officer back to a 5/8 schedule during the period in which only one
Officer is available;
c. Animal services employees will be permitted to flex shift start and end
times upon approval of the supervisor;
d. All other provisions in Section 4 apply.
Scheduling changes may be made where there is a reasonable operational need.
Mutual agreement is required before changes to the length of shift in a classification.
Except in emergencies, the employer will provide a minimum of seven (7) days notice
before any schedule change. Employees shall receive one and one half the regular rate
of pay for all mandatory shift changes with less than seven (7) days notice, through the
notice period. The Employer will bargain with the Union before implementing any
schedule configuration other than ten hour shift.
Section 2. Overtime
a. All overtime shall be compensated at a rate of one and one-half (1.5) times
the employee's regular hourly rate. Overtime is defined as hours worked,
together with holiday, vacation, sick leave or compensatory time hours, in
excess of:
1. the regularly scheduled shift for full time regular employees within a
twenty-four (24) hour period OR;
2. over eight (8) hours per day for part time regular employees OR;
3. over forty (40) hours in a seven (7) day week.
b. In all cases overtime will be computed to the nearest one-quarter (1/4) hour.
c. Overtime and premium pays shall not be duplicated or pyramided.
Compensation shall not be paid more than once for the same hours under the
provisions of this Agreement.
Section 3. Comp Time in Lieu of Pay for Overtime
Upon receiving concurrence of the City, an employee may elect to receive
compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of
one and one-half (1.5) hours for each hour of overtime worked. Compensatory time
Police Support Services Association
Collective Bargaining Agreement-2019
Page 15
may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of
eighty (80) will be paid as overtime. Upon termination, unused compensatory time will
be paid at the current rate on the final paycheck.
Section 4. Overtime Minimum - Call Back/Court Time
Employees "called back" to work (including court appearances on behalf of the
City) shall receive a minimum of two (2) hours pay at one and one half time the regular
rate for the work for which they were called back. Call back occurs when the employee
has finished his/her last regular shift but before beginning the next regular shift with less
than twelve hours notice; or when requiring an employee to report on his/her day off.
When an employee, not scheduled for call back, is called with less than one hour
notice the pay calculation shall begin from the period when the employee is notified.
When an employee, not scheduled for call back, is called with more than one hour
notice but less than twelve hours notice the pay calculation shall begin from the time the
employee leaves his/her residence. When an employee is scheduled for call back or
receives more than twelve hours notice the pay calculation shall begin when the
employee actually reports for work. Employees called back may be required to perform
other duties for the duration of the minimum guarantee if the duty necessitating the call
back does not take the full two hours.
Section 5. Shift Bidd Lig
a. Records specialists shall be allowed to bid for shifts within their respective
classifications by seniority. The bid cycle shall be for a period of one year, as
determined by the City. Bidding for shifts will commence in October of each
year for shifts effective January 1St of the next year. The City reserves the
right to assign or transfer an employee from one shift to another, where
reasonably required by operational considerations.
b. If there is a vacancy at the time of shift bid, the vacancy will be identified by
management. The identified vacant shift is unavailable for bid; however,
consideration will be given to those members who make their interest known
when submitting their bid (i.e. my bid is graveyard but would prefer vacant
late-mid shift). When fully staffed, the Records members who have
demonstrated interest in the vacant shift will receive first consideration by
seniority.
c. Management has the authority to adjust shifts for operation purposes.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 16
ARTICLE 5 — !MANAGEMENT RIGHTS
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.
o:a. discipline, demote, suspend, and discharge non-probationary
employees for just cause. Scheduling of disciplinary days off
will be at the convenience of Department operations.
b. to discharge probationary employees for any reason.
Employees who are discharged before completing their
probationary period shall not have access to the grievance
procedures of this Agreement to protest or challenge the
discharge or the 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
reasons.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 17
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.
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, and that are not otherwise explicitly covered by this Agreement. 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 and the parties will
mediate for a period of thirty (30) days. Ultimately, the City may implement the change,
after bargaining in good faith and impasse is reached.
ARTICLE 6 - SICK LEAVE
Section 1. Accrual and Usage
Sick leave shall be accrued by regular, full-time employees at the rate of eight (8)
hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated
basis in the same percentage as the employee's average weekly scheduled hours
relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her
sick leave account.
Sick leave is to be used in cases of illness, accident or other conditions which
require medical treatment or supervision and require an employee to be absent from
work. Sick leave may be used to care for an employee's own health condition, to care
for a dependent child (including dependent step-child or foster child) under the age of
eighteen (18) with a health condition that requires treatment or supervision, a spouse,
parent, parent-in-law, or grandparent of the employee who has a serious health
condition or as more particularly established in WAC 296-130. Sick leave may also be
used for the care, treatment and preventative health care of the employee and
dependents. The parties agree that sick leave should not be abused, and that such
abuse is cause for discipline.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 18
Section 2. Washington Paid Sick Leave
Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington
Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington
Paid Sick Leave is available to Association members to care for their health and the
health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or physical
illness, injury or health condition; preventive care such as medical, dental or optical
appointments and/or treatment; care of a family member with an illness, injury, health
condition and/or preventive care such as medical, dental, optical appointment; closure
of the employee's place of business or child's school/place of care by order of a public
official for any health-related reasons; and when the employee or the employee's family
member is a victim of domestic violence, sexual assault, or stalking.
Authorized use of Washington Paid Sick Leave for domestic violence, sexual
assault or stalking includes: seeking legal or law enforcement assistance or remedies to
ensure the health and safety of employee's and their family members including, but not
limited to, preparing for, or participation in, any civil or criminal legal proceeding related
to or derived from domestic violence, sexual assault or stalking; seeking treatment by a
health care provider for physical or mental injuries caused by domestic violence, sexual
assault, or stalking; attending health care treatment for a victim who is the employee's
family member; obtaining, or assisting the employee's family member(s) in obtaining
services from a domestic violence shelter, a rape crisis center, or a social services
program for relief from domestic violence, sexual assault or stalking; obtaining, or
assisting a family member in obtaining mental health counseling related to an incident of
domestic violence, sexual assault or stalking in which the employee or the employee's
family member was a victim of domestic violence, sexual assault or stalking; and
participating, for the employee or the employee's family member(s), in safety planning,
or temporary or permanent relocation, or other actions to increase the safety from future
incidents of domestic violence, sexual assault, or stalking.
For purposes of Washington Paid Sick Leave, "family member" is defined as: a
biological, adopted, or foster child, stepchild, or a child to whom the employee stands in
loco parentis or legal guardian, or is de facto parent, regardless of age or dependency
status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of
an employee or the employee's spouse or domestic partner, or a person who stood in
loco parentis when the employee was a minor child; a spouse, domestic partner,
grandparent, grandchild or sibling.
Accrual
As established by law, an employee shall accrue one (1) hour of Washington
Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will
accrue in conjunction with regular sick leave according to the collective bargaining
agreement.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 19
Can Fonvard
The total sick leave hours that will be carried forward at year-end, for both
standard sick leave and Washington Paid Sick leave, will be seven hundred sixty (760)
hours. This will include a maximum of forty (4) hours of Washington Paid Sick Leave as
provided by law. If an employee is not at the maximum carry forward of seven hundred
sixty (760) hours, any hours of Washington Paid Sick Leave in excess of the forty (40)
hour carry forward amount will be transferred to the city sick leave bank, so that
employee does not lose hours that they previously would have banked prior to the
establishment of Washington Paid Sick Leave. In no case will more than a combined
total of seven hundred sixty (760) hours be carried r'oRVard.
Verification of Absences Exceeding Three Days
If an employee is seeking to use or has used Washington Paid Sick Leave for
authorized purposes for more than three (3) consecutive days during which the
employee is/was required to work, the employee may be required to provide
documentation that establishes or confirms that the use of paid sick leave is for an
authorized purpose.
Reinstatement of Enijoloyment
Employees separating or retiring from employment will not be provided with
financial or other reimbursement for unused, accrued Washington State Paid Sick
Leave. If an employee leaves employment and is rehired within twelve (12) months of
separation, any accrued, unused paid sick leave will be reinstated to the employee's
paid sick leave bank. Should the reinstatement occur in a new fiscal year, the
maximum bank will be the forty (40) hours carry over provided that the employee had
forty (4) or more hours banked upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation
against an employee for lawful exercise of paid sick leave rights is prohibited.
Employees will not be disciplined for the lawful use of Washington Paid Sick Leave.
Section 3. Domestic Partner
A person whom a City employee identifies as his or her domestic partner by
completing an Affidavit of Domestic Partnership will be provided the same consideration
as an employee's "spouse" for purposes of this Agreement.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 110
ARTICLE 7 — HOLIDAYS
Section 1. Holidays Observed
On January 1St of each year, the City shall bank (provide) one hundred sixteen
(116) hours of holiday pay for each bargaining unit employee. Following are the official
observed holidays:
Commonly Called
First day of January New Year's Day
Third Monday of January Martin Luther King Day
Third Monday of February President's Day
Last Monday of May Memorial Da
Fourth day of July Independence Day
First Monday of September Labor Day
11th Day of November Veteran's Da
Fourth Thursday of November Thanksgiving Da
Friday following Day after Thanksgiving
25th day of December Christmas Day
2 Floating Holidays
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
31St 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.
Section 2. The decision of whether an employee will be required to work on an
observed holiday will be made by the City. An employee who is required to work on an
observed holiday as set forth above shall receive his/her regular rate of pay for hours
worked, except that, an employee who is required to work on either Thanksgiving,
Christmas, New Year's Day or an additional day each year to be designated by the City
prior to December 1 of the previous year, shall be paid at time and one half for all hours
worked.
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Section 3. 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.
If an employee is unable to schedule banked carry-over time to be used by June
30"' of the following year, the Deputy Chief shall attempt to schedule the banked carry-
over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the
banked carry-over time by June 30th of that year, the City shall, upon the employee's
next regularly scheduled payday, cash out the hours that cannot be further carried-over
under these provisions at the employee's then-current rate of pay.
An employee whose work schedule is other than an eight-hour day may use
accrued vacation leave or compensatory time to supplement the holiday pay in order to
receive the entire workday off with pay.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 1. General Policy ,
a. The City recognizes the need to encourage and promote educational
opportunities for employees. The City will reimburse personnel for costs
incurred in,receiving approved education upon satisfactory completion of
such education to the extent covered by the City's education
reimbursement policy. Eligible costs include:
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1 Tuition; and
2. Books.
b. If an employee is attending an accredited State institution, the employee
shall be reimbursed based upon that institution's tuition schedule. If an
employee is attending a non-State supported institution, the employee
shall be reimbursed on the basis of the University of Washington tuition
schedule.
Any and all education assistance reimbursement is suspended indefinitely_
c. Continuing Education Incentive
AA- $40.00 per month
BA- $80.00 per month
In order to receive this premium, the degree must be in a field of study related to
the employee's assignment, as reasonably determined by the Department. In addition
the employee must fulfill a continuing education requirement of at least one Department
approved college class per year or 20 hours of pre-approved specialized training over
and above Department mandated training. The decision of whether to attain this
incentive is discretionary with the employee, and all time spent travelling to and
attending classes shall be on the employee's own time. The City's education
reimbursement program shall apply to the Association, and should the City fail to fund
the program, such that the employee can not receive reimbursement for the tuition, the
continuing education requirement shall be waived for that year.
ARTICLE 9 — VACATION
Section 1. Vacation
Members of the bargaining unit shall receive annual leave benefits as follows:
ANNUAL
COMPLETION OF: VACATION HOURS:
Through end of year 5 96 hours
Upon beginning of year 6 132 hours
Upon beginning of year 11 150 hours
Upon beginning of year 16 180 hours
Upon beginning of year 21 204 hours
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Section 2. Scheduling Annual Leave — Seniority Basis
During January, the Department shall conduct a bid for vacations for the
following year. The bid shall be by seniority, and conducted by division and shift. All
vacation bid requests shall be for work weeks. Vacation requests submitted
subsequent to the vacation bid shall be considered dependent upon Department needs
on a first, come first served basis. The City shall make the determination of how many
employees may be on vacation at any one time.
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 3. Payout
Upon separation, all vacation hours accrued will be paid at the regular rate of
pay.
Section 4. Maximum Carry Forward
a. An employee may not carry over to each subsequent calendar year more
than two hundred forty (240) hours of vacation.
b. Upon the effective date of the termination of an employee's employment,
such employee shall thereupon be entitled to a sum of money equal to
the employee's current straight-time hourly rate for any accrued unused
vacation leave time, which shall be paid on the employee's final paycheck,
up to two hundred forty (240) hours maximum.
C. The City will schedule vacations, consistent with Department needs and
coverage.
Section 5. Service Leave
Regular employees 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 (i.e. after 10 years, 20 years, 30 years, etc.).
ARTICLE 10 — PENSIONS
Pensions for employees and contributions to pension funds will be governed by
Washington State Statute.
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ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES
Section 1. Bereavement
Employees may take up to thirty (30) hours of bereavement leave for a death in
the employee's immediate family. For purposes of this section immediate family is
defined as a spouse, siblings, children, grandparents, grandchildren, in-laws, parents,
aunts, and uncles. At its option, the Employer may construe this definition more broadly
to include other persons living in the employee's household, or to established
g relationships having attributes to familial ties. With advance Department Director
approval, up to an additional fifty-six (56) hours of sick leave may be utilized in these
situations.
With Department Director approval, an employee may use sick leave, not to
exceed eight (8) hours, to attend the funeral of close friends or other relatives.
Section 2. Personal Leaves
A personal leave of absence is a privilege the City may extend to qualified
regular full-time and regular part-time employees for specific periods of time under
certain circumstances. It allows an employee to take time off from work for personal
reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of
absence must be requested in writing and submitted to the employee's immediate
supervisor and department director for a recommendation as soon as the need for such
a leave is known. The department director shall then forward the request to Human
Resources for review. Only the Mayor may grant or deny any such personal leave
requested. Thp employee may request or may be required by the City to use accrued
vacation or compensatory time to offset loss of pay during the leave. No benefits such
as vacation or sick leave are earned while on unpaid leave. Employees on leave may
return early from leave if they notify the supervisor in advance. Failure to return from
leave on or before the agreed upon date, however, will result in termination.
An unpaid leave of more than thirty (30) calendar days will affect an employee's
review dates. These days will be adjusted forward until the employee has completed as
many days of continuous employment as the length of the leave of absence.
An employee normally will be assured of returning to his or her position for a
leave of absence of one hundred eighty (180) days or less in duration. Because of
staffing requirements, however, it may be necessary to fill the current position for a
leave of absence in excess of one hundred eighty (180) days. In this event, efforts will
be made to place the employee in an available, open, comparable position.
During any unpaid leave of one hundred eighty (180) days or less, an employee
may continue his or her group insurance coverage by prepaying on a monthly basis the
premium plus two percent (2%) during any affected period of the leave.
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Sick leave accrual shall not be used for non-medical leaves of absence.
Section 3. Leave of Absence — Medical — Non-FMLA
Medical leaves of absence may be granted for regular full-time and regular part-
time employees who are unable to perform their job duties due to an illness or an
accident and who are ineligible for or have exhausted FMLA leave. This medical leave
of absence requires a doctor's certification and cannot exceed one hundred eight (180)
days total, including any FMLA leave. During medical leave, the employee may receive
previously earned sick pay and earned but unused vacation benefits. A written request
for a medical leave of absence must be returned to the department director along with a
doctor's certification indicating the nature of the medical problem and the anticipated
length of absence. A medical leave of absence may be extended, upon a written
request, accompanied by an explanation from the employee's doctor of the need for an
extension period. Even with an extension, however, a medical leave cannot exceed
one hundred eighty (180) days total, including FMLA leave.
Employees returning from a medical leave of absence must provide a doctor's
written certification of their ability to return to work. The City reserves the right to
require an examination by a doctor of the City's choice. Employees returning from a
medical leave of one hundred eight (180) days or less return to the same position or a
similar position of like pay or status, provided however, that the employee remains
subject to legitimate job changes or layoffs that would have occurred even if they had
not been on leave.
During the paid medical leave of absence, the City will pay its portion of the
employee's group insurance premiums for up to six (6) months total, including during
FMLA leave.
An unpaid leave of more than thirty (30) calendar days will affect an employee's
review dates. These days will be adjusted forward until the employee has completed as
many days of continuous employment as the length of the leave of absence.
Section 4. Shared Leave
The City's currently existing shared leave policy will be available for the duration
of this Agreement.
Section 5. Military Leave
Any employee who is a member of the Washington National Guard or a federal
military unit is entitled to leave from his or her duties as provided for by law, and shall be
paid as required by law. An employee shall provide the City with notice of the leave as
soon as the employee learns of the assignment, and shall furnish the City with a copy of
his/her orders. A military leave shall be limited to the time of the military assignment.
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ARTICLE 12 - CITY SUPPLIED EQUIPMENT
a. The City shall provide any federal and/or state required safety gear and
apparatus.
b. Employees who suffer a loss or damage to personal property and/or
clothing in the line of duty shall be reimbursed for such loss or damage by
the City, provided a claim is filed with the City. Loss due to neglect,
negligence or abuse by the employee shall not be considered for
reimbursement, nor shall damage caused by normal wear and tear.
Reimbursement shall be limited to personal property with a reasonable
and ordinary value (i.e. — no Rolex watches).
C. The City shall purchase the following uniforms for customer service
personnel and provide dry cleaning:
1. Property/Evidence Section: 3 polo shirts with City logo (navy, black,
or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button
(navy or black), and 1 winter jacket (black or navy).
2. Quartermaster: 3 polo shirts with City logo (navy, black, or tan) and 3
slacks (navy, black, or tan), 1 wool sweater zip or button (navy or
black), and 1 winter jacket (black or navy).
3. Animal Service Officers shall be reimbursed $100.00 per year for
expenses incurred purchasing work boots. Unused reimbursement
money may be rolled over to the next year in the event an employee
does not purchase boots during a year.
The City agrees to repair and/or replace clothing provided by the City as
determined by the supervisor.
Except as noted above, the City will not require that members of the association
wear employer-provided uniform items. The Association members will instead abide by
Section 9.2 (Personal Appearance and Dress) of the City of Federal Way Employee
Guidelines.
ARTICLE 13 - SAVINGS CLAUSE
If any article of the agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the remainder of the
agreement and addenda shall not be affected thereby and the parties shall enter
immediate collective bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement of such article.
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ARTICLE 14 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement
between the parties and no oral statement shall add to or supersede any of its
provisions.
The parties acknowledge that each has had the unlimited right and opportunity to
make demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this
agreement. Therefore, except as otherwise provided in the agreement, the City and
Association, for the duration of this agreement, each voluntarily and unqualifiedly agree
to waive the right to oblige the other party to bargain with respect to any subject or
matter specifically covered by this agreement.
ARTICLE 15 - PERFORMANCE OF DUTY
Section 1. Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to
strike and no employee shall strike or refuse to perform his assigned duties to the best
of his ability. The Association agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference to the
normal operation of the Federal way Police Department.
ARTICLE 16: GRIEVANCE PROCEDURE
Section 1. Grievance Procedure Steps
[Open, clean up and simplify]
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.
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.
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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 5
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.
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
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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 mutually agree to a permanent panel of arbitrators
to hear all grievances in arbitration. The panel shall consist of three arbitrators: Janet
Gaunt, Gary Axon, and Ken Latsch. Only one arbiter shall hear each grievance and
they shall be picked in rotation, provided that either party may elect to disqualify one
arbiter on the list for a particular hearing. The Association must exercise its right to
disqualify the arbiter at the top of the rotation list in writing, filed at the same time it
submits the dispute to arbitration pursuant to step 7 of the grievance procedure. If the
City wishes to exercise this right, it must do so within twenty (20) days of being served
with the Association's demand for arbitration. 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 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 fees will be paid by the party incurring the cost/fee.
d. The Arbitrator shall have thirty (30) days from the close of the hearing to
issue an award.
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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 the matter in dispute, it will not
establish a precedent between the parties on issues of contractual interpretation.
Section 4. Multiple Procedures
If employees have access to multiple procedures for adjudicating grievances, the
selection by the employee of one procedure will preclude access to other procedures;
selection is to be made no later than at the conclusion of step 6 of this grievance
procedure.
Section 5. 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 post probationary 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. 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.
Section 8. Probationary Period
All newly hired employees must serve a probationary period. The probationary
period for newly hired employees shall be one year. 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. The probationary
period is an extension of the hiring process; therefore, the provisions of this Article
(including the Just Cause Standards in Section 16.6) will not apply to employees if they
are discharged during their initial probationary period. Grievances brought by
probationary employees involving issues other than discharge may be processed in
accordance with this Article.
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ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS
Section 1. Discipline
It is agreed that the employer has the right to discipline, demote, suspend, or
discharge any employees for just cause.
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 as 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 PSSA 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.
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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 employee.
Section 3. _Psychological Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining
a psychological evaluation of an employee to determine the employee's fitness for duty
and the interest of the employee in having those examinations being conducted
unobtrusively, and so as to protect the employee's privacy. Generally, an evaluation will
be ordered only if the employer has a reasonable concern that an employee is
psychologically unfit to perform the job.
a. Results of the Evaluation.
The City shall provide the doctor with the employee's job description and
other information necessary for the doctor to understand the duties and
responsibilities of the employee. The doctor will issue a written report to
the Employer and the employee. The only information which the doctor
may disclose shall be whether the employee is fit or unfit for duty or
requires modified work conditions, and the prognosis for recovery, and the
reason why the doctor has reached those conclusions. Additionally, where
the cause of the unfitness is duty-related, the doctor shall disclose that
cause. If the doctor believes the employee is fit for duty but needs
modified work conditions, the doctor will indicate what modifications are
necessary and the extent or duration projected of the modification. The
doctor will keep all data that has been made available to him or her
confidential and not release it to any of the parties except the employee.
Modified work conditions may include light duty assignments of limited
duration.
b. As used in this section, "doctor' refers to a psychologist or psychiatrist.
ARTICLE 18 - COMPENSATION
Section 1. Salaries
a. The wage scale attached as Appendix A. Effective January 1, 2019 the
wage scale will be increased by 2%.
b. Paid Lunch. Refer to Section 4.1 Hours of Work
C. Extra-Duty Pay. Employees assigned as Records Training Specialists
("RTSs") shall receive an additional three (3) percent of the top step wage
rate per month, as extra-duty pay for all time spent in the actual training of
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employees. The Property Evidence Technician, who has been trained
and certified to test marijuana, shall receive an additional five (5) percent
of top step wage rate per month, as extra-duty pay for all time spent in
actually testing marijuana.
d. On-Call Pay. Employees assigned as Animal Services Officers shall
receive an additional three (3) percent of the top step wage rate for all
time spent on-call to provide coverage for unscheduled absences shorter
when the work schedule has not been adjusted.
Section 2. Out of Class
Extra Duty pay may be awarded to a single individual who, for a period of time
exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned
to substitute in a vacant position, in addition to performing the duties of the position
currently held. The vacancy may be due to termination, leave of absence, extended
illness or other reasons approved by the Mayor or his/her designee. When such an
assignment extends beyond thirty (30) calendar days, the employee may receive up to
a ten percent (10%) increase for the entire extra duty time. The percentage of Extra
Duty pay awarded will be determined by the department director, and funding for the
additional compensation will come from the department budget. The added
compensation will cease when the assignment ends.
ARTICLE 19 - INSURANCE COVERAGE
Section 1. Medical/Dental Plans
a. The City shall pay each month one hundred percent (100%) of the premium
necessary for the purchase of employee coverage and ninety percent (90%) of
the premium necessary for the purchase of dependent coverage (excluding
spouses who have other coverage available through his/her place of
employment) under the Kaiser Permanente PPO Access or HMO insurance
plans as selected by the employee. The City will reimburse actual expenses
incurred in order to cover the annual deductible payments under the PPO Plan
($100 individual, max $300 family).
b. The City offers a two tier co-pay for health insurance (Plan A and Plan B)
depending upon participation in wellness. Employees will remain on the lower
co-pay plan (Plan A) if they earn 1000 points (Biometric Screening and
Healthscreening Questionnaire required and earns 500 points) by November 30
of each year in order to be eligible for Plan A in the succeeding year.
c. The City agrees to place the members and eligible dependents on dental
coverage Plan F.
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Section 2. Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage
for each eligible employee in the bargaining unit. The City will determine the manner in
which insurance coverage is secured. The amount of life insurance shall be equal to
one times the employee's annual base salary to a maximum of $110,000and a minimum
of $25,000.
ARTICLE 20 - FEDERAL WAY COMMUNITY CENTER
PSSA members are eligible to receive membership at the Federal Way
Community Center by signing up for a payroll deduction of six dollars ($6.00) per pay
period. This membership is on a quarterly basis and enrollment must be received by
the 15th of the first month of the new quarter. Employees who visit the FWCC at least
eighteen (18) times during the quarter will receive a fifteen dollar ($15.00) rebate check.
Employees may only cancel their membership after the last payroll deduction for the
quarter has been completed and upon written request. If an employee cancels their
membership mid-year, they are not eligible to rejoin until the following calendar year.
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.
Employees have the option to add family members at an additional cost. For
more information please contact the Community Center directly.
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.
ARTICLE 21 - SUBSTANCE ABUSE POLICY
No employee shall be required to take or be subjected to any random alcohol or
drug testing as a condition of continued employment, except when:
1. the City has a "reasonable suspicion" that an employee may be under the
influence of drugs or alcohol while on duty and/or
2. an employee who, while driving a City vehicle or while driving on City
business, is involved in an accident which results in a serious injury or in
which the employee is cited under local or state law for a moving traffic
violation.
ARTICLE 22 - PROBATIONARY EMPLOYEES
All newly hired and promoted employees must serve a probationary period. The
probationary period for newly hired employees shall end one year from the date the
employee begins work for the City. 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
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scheduled and approved vacation shall not be counted toward the ten day period for
promotional probationers. The probationary period is an extension of the hiring
process; therefore, the provisions of the grievance procedure will not apply to
employees if they are discharged during their initial probationary period or are demoted
during the promotional probationary period for not meeting the requirements of the
classification. Grievances brought by probationary employees involving issues other
than discharge or demotion may be processed in accordance with Article 17.
ARTICLE 23 - TERM OF AGREEMENT
The effective date of this Agreement is January 1, 2019 and shall remain in force
until December 31, 2019. Any changes in wages, hours or working conditions from
those previously in effect shall become effective upon the execution of this agreement
unless a specific, different effective date is indicated for a particular change.
[A one year agreement should allow the City time to do a wage analysis.]
Signed this c`i '' day of ^i,� 2019, at Federal Way, Washington.
City of Federal Way Police Support Services Association
Ferrell, Mayor Karen Grossnic 10,
President
Approved as to form:
J. Ryan Call, Interim City Attorney
Police Support Services Association
Collective Bargaining Agreement-2019
Page 126
APPENDIX A
WAGES
GENERAL WAGE ADJUSTMENTS:
Effective January 1, 2019fa 2.0% increase
Customer Service 3741 3898 4063 4233 4414 4733
Specialist(a18)
Records Specialist(a18) 3741 3898 4063 4233 4414 4733
Administrative Assistant 1 3741 3898 4063 4233 4414 4733
(a18)
Property/Evidence Tech. 3926 4094 4269 4447 4635 4967
(a20)
Animal Services Officer 4358 4545 4739 4937 5146 5515
(a24)
Public Records
4696 4893 5098 5312 5536 5934
Coordinator(a27)
CALEANolunteer 5005 5219 5439 5668 5907 6331
Coordinator(a30) _.
Crime Analyst and
Prevention Specialist(a30) 5005 5219 5439 5668 5907 6331
i
Quartermaster(a30) 5005 5219 5439 5668 5907 6331
Crime Analyst/Prevention 5259 5478 5708 5950 6199 6646
Proqram Coordinator(a32)
PSSA will be included in the Classification/Compensation and Workload Study be conducted by Cabot
Dow in 2019.
Police Support Services Association
Collective Bargaining Agreement-2019
Page 27
