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AG 16-00111 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: La t/l.) 2. ORIGINATING STAFF PERSON: I IYIi H J u Pea visa ` EXT: ZS (o Z 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): J ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENNT"(AG #): X OTHER tier+ J L r al�(1� n tilreaWh + PROJECT NAME: Par ICS L �.i�ir� IC dUUIY � 5. PG(v ist-&rr5 6. NAME OF CONTRACTOR: learvisitr5 Load (Ayw /, 103 ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 7. 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 8. TERM: COMMENCEMENT DATE: 11111S- COMPLETION DATE: 12-1,31, j i �D 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 ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED �1 LAW DEPARTMENT ❑ CHIEF OF STAFF Ygl.. SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ,49 ASSIGNED AG# 5 c ed eon 9 RETURNED Law (ff(& DATE SENT: / - y -/(p 11/9 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Maintenance Employees) January 01, 2015 through December 31, 2016 ARTICLE TABLE OF CONTENTS SUBJECT PAGE ARTICLE 1 RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2 ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 4 ARTICLE III HOURS OF WORK 5 ARTICLE IV OVERTIME AND SPECIAL PAY 5 ARTICLE V WAGES 7 ARTICLE VI HOLIDAYS 7 ARTICLE VII VACATIONS 8 ARTICLE VIII LEAVES 9 ARTICLE IX HEALTH AND WELFARE BENEFITS 11 ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 12 ARTICLE XI DISCIPLINE 12 ARTICLE XII GRIEVANCE PROCEDURE 13 ARTICLE XIII MISCELLANEOUS 14 ARTICLE XIV MANAGEMENT RIGHTS 15 ARTICLE XV SAVINGS CLAUSE 16 ARTICLE XVI DURATION 16 APPENDIX "A" CLASSIFICATIONS AND RATES OF PAY 17 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Maintenance Department Employees) January 01, 2015 through December 31, 2016 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 Recognition - The City recognizes the Union as the sole and exclusive collective bargaining representative for all full -time and regular part -time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding seasonal /temporary employees working less than one -sixth time (347 hours) of a regular, full time employee, supervisors and confidential employees. For the purposes of this Agreement, a "seasonal" or "temporary" employee shall be defined as an individual employed for less than twelve hundred (1200) hours in a twelve (12) consecutive month period. In the event an individual employed as a seasonal /temporary employee is employed one -sixth time of a regular, full time employee (347 hours) in a twelve (12) consecutive month period, the employee shall become a member of this bargaining unit, and will be entitled to the Seasonal/Temporary rate of pay as outlined in Appendix "A" but will only have those benefits specifically outlined in Section 1.1.2 until reaching twelve hundred (1200) hours of employment. In the event an individual employed as a seasonal /temporary employee is employed for more than twelve hundred (1200) hours in a twelve (12) consecutive month period, the employee shall be covered by this collective bargaining agreement as if he /she were a regular employee. 1.1.2 Bargaining unit seasonal /temporary employees who have worked more than one -sixth time of a regular, full time employee (347 hours), but fewer than twelve hundred (1200) hours in a twelve (12) consecutive month period, will be covered by the following ARTICLES, Sections and APPENDIXES: ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 All Sections Sections 2.2 and 2.5 Sections 3.4 and 3.5 Section 4.1 All Sections ARTICLE 10 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 Sections 10.1 and 10.4 All Sections* All Sections All Sections All Sections ARTICLE 16 APPENDIX "A" All Sections Section A.4 *The scope of grievances filed by seasonal /temporary employees are limited to Section 10.1 and the hourly rates of pay for Seasonal /Temps as outlined in Section A.4 of Appendix A. 2 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 1.2 Union Membership - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 In the event an employee who is not a member of the Union requests the Union to use the grievance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in advance. 1.3 Payroll Deduction - Upon written authorization of an employee, the City shall deduct from the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary- Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in -lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon charity monthly. The Union shall defend the City and hold the City harmless against any claims brought against the City by an employee arising out of the City making a good -faith effort to comply with this Section. 1.4 Union Notification - Within seven (7) days from the date of hire of a new employee (or the next pay period after a seasonal crosses the 347 -hour threshold), the City shall forward to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. 1.5 Bulletin Boards - The City shall provide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; provided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.6 Shop Steward — The Union may appoint an accredited shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shall be to meet with the Employer concerning matters vital to the employees in the bargaining unit; provided, however, the shop steward's role shall not interfere with the normal functioning of the Employer. Prior permission from the employee's supervisor shall be obtained whenever a shop steward's activities during regular work hours are involved. The accredited shop steward shall be the only one to take up with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.7 Union Officer Leave —An employee elected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to sixty -four (64) hours per year to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon the season, staffing levels, and /or the adverse impact on the operations. 3 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 2.1 Probation Period - A new employee shall be subject to a twelve (12) month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being employed on a trial basis, subject to immediate dismissal at any time at the sole discretion of the City. Discharge of an employee during his probation period shall not be subject to the grievance procedure. 2.2 Seniority - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty - one (31) calendar days shall be deducted from the employee's seniority. 2.2.1 An employee's seniority shall be broken so that no prior period of employment shall be counted and his /her seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City of his /her willingness to return to work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his /her last known address appearing on the City's records; Layoff exceeding twenty -four (24) months; and /or A Leave of absence exceeding six (6) months. 2.2.2 Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his /her present classification and his /her first date of compensated work within the bargaining unit. 2.3 Layoff - In case of a layoff, employees shall be retained on the basis of job performance and length of continuous service. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, recent job performance evaluations and current job evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. 2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. 2.4.1 The City shall have no obligation to recall an employee after he /she has been on continuous layoff for a period of twenty -four (24) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him /her. 4 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 2.5 Job Vacancies - Opportunities for promotion shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to provide qualified employees with opportunities for promotion; provided however, the City shall determine who the best qualified person is for the job. ARTICLE III HOURS OF WORK 3.1 Hours of Work - The normal work schedule for full -time employees shall consist of five (5) consecutive days of eight (8) consecutive hours, Monday through Friday, excluding the meal period. The normal workday shall be from 7:00 A.M. to 3:30 P.M. During the period April 1 through October 31, the City may schedule Tuesday through Saturday and Sunday through Thursday workweeks and work hours other than 7:00 A.M. to 3:30 P.M. The City will notify the Union of the intent to implement Sunday through Thursday and Tuesday through Saturday work schedules, and the Union may request to reopen regarding the implementation during the term of this agreement. 3.1.1 Notwithstanding the foregoing, changes in starting times and /or days of the week for each employee may be made by the City based upon seasonal demands for service, reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. 3.2 Flex Time - By mutual agreement between the employee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. 3.3 Shift Change - Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty -eight (48) hours notice. In the event an employee's regular shift starting time is changed with less than forty -eight (48) hours notice, he /she shall be paid an additional one dollar and seventy -five cents ($1.75) per hour for all hours worked outside of his /her previous work schedule, exclusive of overtime and only during the remainder of the employee's scheduled work week. 3.4 Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the City's time for each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the City, the rest periods may be taken at a time other than stated above. 3.5 Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than five (5) hours from the beginning of the shift. By mutual agreement between the employee and the City, the meal period may be taken at a time other than stated above. Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their overtime. ARTICLE IV OVERTIME AND SPECIAL PAY 4.1 Overtime - "Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seven -day work week or eight (8) hours per day, unless an alternate work schedule has been established by the City for a particular work unit or individual. "Hours worked" for purposes of determining overtime pay shall include holidays, vacation and sick leave used for scheduled doctor and /or dental appointments, but shall not include any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11:59 P.M. the following Saturday. 5 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 4.1.1 Overtime Rotation — A list of regular employees will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When overtime is available, employees will be contacted and offered overtime in order beginning with the next employee on the applicable list following the employee who worked the last overtime opportunity until an employee is available to work the overtime. This rotation will continue for all overtime not related to shift completion or assigned special projects. 4.1.2 Mandatory Overtime - Should no employee accept overtime when it is offered pursuant to Section 4.1.1, then the employer will assign the overtime from the least senior to most senior employee. Seniority shall be determined based on length of time with the City. In no event shall an employee with less than six (6) months experience be assigned to mandatory overtime. Mandatory overtime shall not affect the overtime rotation in Section 4.1.1. 4.2 Compensatory Time - An employee may request compensatory time off in lieu of overtime payment, subject to approval and scheduling by the City. Compensatory time shall be taken at the rate of one and one -half (1 -1/2) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). 4.3 Callout - An employee who has left work and is called out to work after completion of his /her regular shift shall be paid a minimum of three (3) hours at one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay. However, if the employee is called out less than two (2) hours from the time he /she is scheduled to start his /her regular shift, he /she shall receive one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay only for such time as occurs before his /her regular starting time. All call -out time worked outside of the employee's regular work hours shall be paid at the rate of one and one -half (1 -1/2) times the employee's regular straight time rate of pay. In the event the City grants a minimum callout greater than three (3) hours to another bargaining unit of City employees or the majority of other City employees, the Union shall have the right to reopen negotiations on the issue of minimum callout. 4.4 Standby - Except as otherwise provided herein, the current City policy regarding Standby Duty shall remain in effect. Standby duty may include week nights and weekends and other non - regular work hours, and standby hours will begin when an employee leaves work and end when the employee returns to work — except standby pay will not be paid Monday through Friday during the employee's normal work hours, including flex days._Employees who are assigned Standby Duty shall receive two dollars and 50/100 ($2.50) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. During emergency events, standby pay shall not be paid between shifts. An employee on Standby Duty who is called out shall receive the applicable Callout rate in addition to Standby Duty pay. 4.5 Temporary Assignment Pay - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classification, the employee shall receive five percent (5 %) above his regular rate of pay or Step A of the higher class (whichever is greater) for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 6 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 4.5.1 Temporary assignment pay for assignments in which a bargaining unit employee works as a substitute in the absence of an employee working in a non - bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.5.2 Unless otherwise provided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 Emergency Meal Reimbursement - Emergency crews, with authorization of the City, may eat off the clock at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non - Emergency Travel - Employees shall be reimbursed for reasonable costs of vehicle operation, meals and lodging for travel and such related expenses away from the City in accordance with City policy. 4.8 Non - Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act (FLSA), premium or overtime pay shall be based on the employee's regular straight -time rate of pay. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Compensation received by any employee for reasons other than work actually performed at the employee's City job assignment, including but not limited to sick leave, vacation leave, holiday leave, funeral leave, compensatory time, civil and military leave shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. 4.9 Emergency Shift — In the event that the City wishes to change the twelve -hour shifts in the event of a weather emergency, the schedule will be 11:30 p.m. to noon and 11:30 a.m. to midnight. ARTICLE V 5.1 WAGES ARTICLE VI The classifications of work and monthly rates of pay for employees covered by this Agreement shall be set forth within Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent contract are negotiated, or six (6) months after the classification is established, whichever is earlier. HOLIDAYS 6.1 Employees shall receive the following holidays off with compensation at their regular straight -time hourly rate of pay: New Year's Day Martin Luther King, Jr.'s Birthday Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day Following Thanksgiving Day Christmas Day 7 January 1St 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1st Monday of September November 11th 4th Thursday of November December 25th 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 6.1.1 Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. 6.1.2 Holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be provided to the bargaining unit. 6.2 If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. 6.3 Regular employees employed as of January 1st and new regular employees starting employment between January 1st and June 30th of each year will accrue eight (8) hours as a Floating Holiday, and regular employees employed as of July 1st of each year will accrue an additional eight (8) hours as a second Floating Holiday and new regular employees starting between July 1st and December 31st will accrue eight (8) hours as a Floating Holiday. The floating holidays must be used during the calendar year. No unpaid floating holiday will be paid out upon termination of employment. 6.4 Employees scheduled to work on a holiday shall receive his /her regular holiday compensation plus time and one -half for actual time worked as long he /she doesn't take another day off in exchange for that day and hasn't used any sick or other compensated time off (excluding vacation time) during that week, as provided in Section 4.1. If an employee elects to take another day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday. 6.5 In the event the observation of a holiday falls on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. 6.6 All full -time employees shall receive eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. In lieu of using accrued leave for such purpose, the employee may request to work additional hours in the same scheduled workweek, which hours shall be mutually agreed upon in advance between the employee and the employee's supervisor. ARTICLE VII VACATIONS 7.1 Full -time employees shall accrue vacation leave at the following rate: Initial hire through the fifth (5th) complete year of continuous employment Eight (8) hours per month After five (5) full years of continuous employment Eleven (11) hours per month After ten (10) full years of continuous employment Twelve and %2 (12.5) hours per month After fifteen (15) full years of continuous employment Fifteen (15) hours per month After twenty (20) full years of continuous employment Seventeen (17) hours per month After twenty five (25) full years of continuous employment Eighteen (18) hours per month 8 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 7.2 Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. 7.3 An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. 7.4 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 up to a maximum of 240 hours, which shall be paid on the employee's final paycheck. 7.5 Service Leave — Regular employees in positions not eligible for Sabbatical Leave per Employee Guideline 8.12 wilt 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 (ie: after 10 years, 20 years, 30 years, etc.). ARTICLE VIII LEAVES 8.1 Sick Leave - Full -time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight -time hourly rate of pay from and including the employee's first (1st) working day absent. 8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18) who has a health condition that requires treatment or supervision, a spouse, domestic partner, parent, parent -in -law, or grandparent of the employee who has a serious health condition as more particularly described in WAC 296- 130. 8.1.2 Up to two hundred forty (240) hours of accrued sick leave may be used to care for the healthy newborn within twelve (12) months of the birth, adoption, or placement for foster care. This leave runs concurrent with applicable Federal and State family leave law available to the employee and does not extend available leave beyond that required by law. Approval of the schedule for using this leave is at the sole discretion of the City. 8.1.3 If an employee exhausts his /her accrued sick leave, the employee has the option to use accrued vacation leave or compensatory time. 8.1.4 If the job related injury or illness requires the employee to be absent from work, the employee will be paid his /her regular pay for up to thirty (30) work days. The employee is "kept on salary" and is not required to use accrued leave and will not be eligible for State industrial insurance time loss payments. After thirty (30) "kept on salary" days, if the employee is not able to return to work, he /she will then be eligible for State industrial insurance time loss payments according to a set formula based on marital status and number of dependants. The City will continue to pay its portion of the health insurance premiums while the employee is "kept on salary." 8.1.5 Sick Leave Incentive — Any non - exempt employee who has an accumulated sick leave balance of at least one hundred (100) hours on December 31st of each year and has used twenty -four (24) or fewer hours of sick leave during the calendar year will be eligible to receive twenty -four (24) hours of additional vacation accrual the following year. A non- exempt employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the sick leave incentive. 9 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 8.2 Bereavement Leave - An employee who has a member of his immediate family taken by death shall receive at the employee's option up to thirty (30) regularly scheduled hours off with pay as bereavement leave. Upon approval by the Employer an additional fifty (50) regularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, domestic partner, daughter, son, mother, father, sister, brother, aunt, uncle, mother -in -law, father -in -law, sister -in -law, brother -in -law, grandmother, grandfather, grandchildren, and equivalent step relations. 8.2.2 With Employer approval, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1. 8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. 8.3 Jury Leave - The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be provided up to sixty (60) regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, 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. 8.3.1 If an employee has sufficient time to work one -half (1/2) day or more after being dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. 8.4 Leave of Absence - Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a leave of absence without pay or benefits. A leave of thirty one (31) days or Tess shall not constitute a break in service. No seniority shall accrue during a leave of absence that exceeds thirty -one (31) calendar days; provided however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon expiration of a leave of thirty one (31) days or less, the employee shall be returned to his previously held job position. 8.5 Temporary Disability Leave - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for return to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six (6) months. The Employer shall continue health insurance coverage for the employee only under COBRA during such leave, which shall be without pay. Upon the expiration of the temporary disability leave, the employee may request a leave of absence. 10 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Family and Medical Leave - For the purposes of determining the twelve (12) week leave period provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. The amount of leave available for use is based on a rolling twelve (12) month period. 8.7.1 Washington Family Care — Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guidelines. 8.8 Military Leave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. ARTICLE IX HEALTH AND WELFARE BENEFITS 9.1 Medical Insurance — 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 Group Health Alliant Plus or Group Health direct insurance plans, as selected by the employee. The City will reimburse actual out -of- pocket payments for out -of- network services paid towards the annual deductible under the Alliant Plus plan. Effective January 1, 2016, the City will offer a two -tier co -pay for health insurance depending upon participation in the City's Wellness Program. 1. For 2016, employees will remain on the lower co -pay plan. 2. Effective January 1, 2017, employees will remain on the lower co -pay plan if they earn 1000 points (complete required Biometric Screening and Health Screening Questionnaire and earn 500 points) by October 31 of the previous year. 9.1.1 The Union will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. 9.2 Dental Insurance - The City shall pay each month one hundred percent (100 %) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Dental Service Plan F. 9.3 Vision Insurance - The City shall pay each month one hundred percent (100 %) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan. 9.4 Life Insurance - There shall be no reduction in the life, long -term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. 9.5 Modifications — Benefit changes made by the insurer or the AWC Benefits Trust Board outside the control of the City shall not be prohibited. 9.6 Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. 11 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 9.7 Federal Way Community Center Membership — Union members will be eligible to participate in the Federal Way Community Center's employee discount program as outlined in the Employee Guidelines. ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 10.1 Equipment - The City shall provide each regular employee any safety equipment or protective clothing required as a condition of employment; including rain gear and steel - toed rubber boots. The City will provide seasonal employees with access to rain gear, rubber boots and any safety required equipment. 10.2 Uniforms - The City shall continue to provide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided however, that such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, the replacement of uniform items shall be based on need and any replacement requests must be authorized by the employee's supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One (1) jacket Five (5) shirts Five (5) work pants Two (2) sweatshirts One (1) coverall 10.3 Safety Boots - The City will provide one (1) pair of steel -toes boots up to two hundred twenty -five dollars ($225) per year or four hundred fifty dollars ($450) over a two -year period. The City will use the same purchase system as used in Section 10.2 above. 10.4 Training - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City. Employees required to attend such training shall be paid at the employee's regular straight -time hourly rate of pay unless otherwise required by the Fair Labor Standards Act. The City shall reimburse costs reasonably related to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. ARTICLE XI DISCIPLINE The City shall not discipline or discharge any post - probationary employee without just cause. Disciplinary action shall be progressive in nature; provided however, prior disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and severity of the discipline shall be determined on an individual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action, except for notations of verbal warnings located in supervisor files per Section 11.2, shall be sent to the Union at the time it is issued to the employee. Following a documented verbal or a written disciplinary notice, if an employee has no further incidents for three (3) years, those previously documented verbal warnings and /or written disciplinary notices will not be considered in future disciplinary matters. 12 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 11.2 Various disciplinary actions available may include, but are not limited to, the following: verbal warning (notation will be placed in the employee's supervisor file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and given appropriate weight in subsequent personnel actions. 11.3 Discipline shall continue to be administered in accordance with Section 11.3 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevail. 11.4 When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to the loss of pay or position of that employee, the City shall advise the employee that he has the right to be accompanied at the investigatory interview by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run -of- the -mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. 11.5 The Union shall have the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; provided however, that appeal of any discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the City that result in loss of pay (i.e. suspension) or position (Le. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the Mayor shall be final. 11.6 Except in cases of discharge, if the grievance procedure in Article XII will be used, the Union shall request in writing that the discipline not be administered unless and /or until it is sustained following completion of the grievance procedure. ARTICLE XII GRIEVANCE PROCEDURE 12.1 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the provisions of this Agreement. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: 12.1.1 STEP 1 - A grievance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shall not be subject to the grievance procedure. Upon receiving the grievance, the Supervisor shall meet with the employee within fourteen (14) calendar days and shall attempt to resolve the grievance within fourteen (14) calendar days of said meeting, with a copy to the Union. 12.1.2 STEP 2 - If the grievance is not resolved at STEP 1, the grievance, in writing, may be presented to the Department Director by the Union. The written grievance shall be submitted to the City within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly violated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Department Director shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 13 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 12.1.3 STEP 3 - If the grievance is not resolved at STEP 2, the grievance may be advanced to the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. The Mayor or designee shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Mayor or designee shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 12.1.4 STEP 4 - If the grievance is not resolved at STEP 3, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 3 response. As soon as possible thereafter, the parties shall request a list of names from the Washington State Public Employment Relations Commission (PERC) Dispute Resolution Panel and shall meet to select the arbitrator by alternately striking names from the list of PERC arbitrators until only one (1) name remains. The remaining names shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. 12.2 If any of the arbitrators are not available, a replacement shall be selected by mutual agreement of the parties. 12.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. 12.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. 12.5 The timelines contained within each step of the Grievance Procedure may be waived /extended by agreement between the Employer and the Union. ARTICLE XIII MISCELLANEOUS 13.1 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. 13.2 Benefits for Regular Part-Time Employees - Except as otherwise provided in this Agreement, regular part-time employees shall receive holidays, vacation, leaves, and health and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the employee shall receive 20 /40ths, or fifty percent (50 %), of the benefits received by a full -time employee. 13.3 Labor - Management Conference Committee - The City and the Union shall establish a Joint Labor - Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and /or concern, as opposed to individual complaints, for the purpose of establishing a harmonious working relationship between the employees, the City and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. 13,3.1 In the event a contracting out decision by the City is expected to result in the layoff of bargaining unit member(s), the Union may address the issue(s) in advance in Labor - Management Conference Committee pursuant to Article 13.3. 14 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees 13.4 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. Anything not covered by this Agreement shall not be construed as part of this Agreement. 13.5 Continuation of Work - The Union and its members, as individuals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the City will not require employees to cross a picket line when notified by the employees of circumstances which a reasonable person would perceive as a clear, imminent threat of violence to the employees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. 13.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. 13.5.2 Failure of an employee to return to work within twenty -four (24) hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grievance procedure. 13.6.1 Drug and Alcohol Testing - The parties have agreed to implement the Department of transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 13.7 Union Business. The City shall afford a reasonable amount of time for union meetings on City property during breaks or lunch periods. The City reserves the right to refuse to allow the meeting on City property when it determines that the meeting will interfere with City operations. The union representative and /or employees shall give the supervisor as much advance notice as reasonably possible. 13.8 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" and spouse's family member for purposes of this Agreement. ARTICLE XIV MANAGEMENT RIGHTS 14.1 Except as otherwise expressly provided in this Agreement, the City has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non - bargaining unit personnel and to non - City employees; to contract out for goods and services (the City recognizes the intrinsic value of employing regular full -time staff); to determine and modify hours of work and work schedules; to schedule vacation leave and other absences from work; to hire, layoff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to evaluate 15 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees employees; to schedule overtime work as required and most advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies; to require medical /physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build, move or modify its facilities; to take whatever actions are necessary in the event of an emergency; and to perform all other functions not expressly limited by this Agreement. Employee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) shall apply to members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance and /or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grievance procedures in this Agreement completely replace (and are not in addition to) any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement shall not have recourse to any such set of procedures. In addition, the parties agree that the City has the sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Union. ARTICLE XV SAVINGS CLAUSE 15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XVI DURATION 16.1 Except for those provisions that state otherwise, this Agreement shall be effective January 01, 2015, and shall remain in full force and effect through December 31, 2016. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By Date ott A. Sullivan, ecretary- Treasurer /2.-2S - /S 16 By Date CITY OF FEDERAL WAY, WASHINGTON OVED A TO ORM:6 /f 0 60° �/ Amy Jo ',Call, City Attorney 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees APPENDIX "A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Park Department Maintenance Employees) January 01, 2015 through December 31, 2016 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 1, 2015, the classifications of work and rates of pay for each classification covered by this Agreement shall be as follows: CLASSIFICATION MONTHLY RATES OF PAY Range/Title A B C D E F 14 Custodian 3005 3140 3283 3430 3584 3805 21 MW1 3800 3973 4150 4336 4533 4767 26 MW2 4197 4385 4583 4789 5003 5315 26 Aquatic Facility 4197 4385 4583 4789 5003 5315 Operator A.1.1 Effective January 1, 2016, the 2015 rates of pay shall be increased by 1.5 %. A.1.2 Effective July 1, 2016, the 2016 rates of pay shall be increased by 1 %. A.2 The following language shall have no effect during the term of this agreement: In any year covered by this contract, if the non - represented City employees receive any across the board economic gain (increase in sick leave accrual, increase in personal day accrual, increase in vacation day accrual) and /or a general wage increase across the board, then the classifications covered by this Agreement shall receive the same increase. A.3 The following language shall have no effect during the term of this agreement: Should the City enter into a comp study for the non - represented City employees and /or management, a comp study shall be performed for the classifications covered by this Agreement. If the City implements the results (increases only) of the comp study to the non - represented City employees and /or management, the results (increases only) shall also be implemented as to the classifications covered by this Agreement, as well. A.4 Effective January 1, 2015, the rates of pay for Seasonal /Temporary Employees covered by this Agreement shall be as follows: At hire Year 1* Year 2 Year 3 Year 4 Year 5 $12.65 $13.91 $15.17 $16.44 $17.70 $18.97 *from original date of hire 17 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees The City agrees to give Seasonal workers with acceptable performance from the previous year the first right of refusal for new seasonal positions within the same division available the following year. Offers will be made according to greatest hours previously worked (within the division) and performance. After working an initial 347 hours in any division or department covered by this CBA, seasonals become bargaining unit members and remain members upon the first hour of subsequent reemployment, regardless of the division or department (so long as covered by this CBA) in which the seasonal is reemployed. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherho +d of Teamster By Date ott A. Sullivan, ecretary-Treasurer t2^ 2$ - 18 By Dat CITY OF FEDERAL WAY, WASHINGTON 2015 -2016 City of Federal Way Public Works and Parks Maintenance Employees