AG 17-006I RETURN TO: j fiEXT: 34A
CITY OF FEDERAL AY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: %%SLmat/1 fk..56/4-rCf S
ORIGINATING STAFF PERSON: f&2it
EXT: C35 307 3. DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
O PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
O PROFESSIONAL SERVICE AGREEMENT
O GOODS AND SERVICE AGREEMENT
O REAL ESTATE DOCUMENT
O ORDINANCE
CONTRACT AMENDMENT (AG#): / 7 a&
%OTHER 7%74m02 Of
PROJECT NAME:
NAME OF CONTRACTOR: t.` kd -S LOCA -00 743
ADDRESS: TELEPHONE
E-MAIL:C_ �1 FAX:
SIGNATURE NAME: 456.6Iv(�a(/ yadt_d TITLES ,isr-yAAA. 4.G[„/L,•e#
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: Q / /� /%20/? COMPLETION DATE: %g'/3/ l00/9
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: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O MAINTENANCE AGREEMENT
O HUMAN SERVICES / CDBG
O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
O RESOLUTION
O INTERLOCAL
I. Lt s/-4.41 G,
jtarn,S1-eA..5 Lo c J 943 ealleciiuC &-rs eu,L j 0-5440 m J
O PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
O PROJECT MANAGER
O DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
Nit LAW C.. 312%1t8
1. COUNCIL APPROVAL (IF APPLICABLE)
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
O CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 / DATE SIGNED
O LAW DEPARTMENT
SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG# � 1 -arcs tj
O SIGNED COPY RETURNED DATE SENT: # -c27-40 .1
/d!
:OMMENTS:
Inn IR
MEMORANDUM OF UNDERSTANDING
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, 2017 through December 31, 2019
WHEREAS, Public, Professional & Office -Clerical Employees and Drivers Local Union
No. 763 (hereinafter referred to as the "Union") and the City of Federal Way (hereinafter
referred to as the "City") have been and are signatory to a January 1, 2017 through December 31,
2019 collective bargaining agreement, setting forth the wages, hours, and other terms and
conditions of employment for members of the bargaining unit represent by the Union; and
WHEREAS, effective January 1, 2018, Chapter 49.46 RCW — Minimum Wage Act
implements new minimum standards for providing paid sick leave at a rate of one hour of paid
sick leave for every 40 hours worked; and
WHEREAS, Chapter 49.46 RCW prohibits discrimination of any kind against employees
using sick leave authorized under the chapter; and
WHEREAS, currently all employees represented by the Union accrue sick leave at rates
that greatly exceed those required by Chapter 49.46 RCW; and
WHEREAS, the City has established a policy to track those paid sick leave hours
required by Chapter 49.46 RCW separately from sick leave hours historically provided by the
City; and
NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO,
in consideration of the mutual promises contained herein and other good and valuable
consideration, that:
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 Union 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 a 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 a 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 participating 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 for 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 a 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.
Carry Forward
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 (40) 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 forward.
Verification for 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 Employment
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 (40) 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.
Article 8.1.5 — Sick Leave Incentive.
Because RCW 49.46.210(4) prohibits discrimination or retaliation against an employee
for his or her use of Washington State Paid Sick Leave, the City is discontinuing its sick
leave incentive program for all employees. Article 8.1.5 of the collective bargaining
agreement is hereby stricken. In exchange for the removal of the sick leave incentive,
current employees at the time of the execution of this MOU that are represented by the
Union and were eligible for the sick leave incentive program, will receive a one-time
cash payment of Two Hundred Forty -Five Dollars ($245) on the next regularly scheduled
paycheck following the execution of this MOU.
3
IN WITNESS WHEREOF, we have set our hands this, day of March, 2018
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By
By
CITY OF FEDERAL WAY
cott A. Sullivan, . ecretary-Treasurer
im errell, Mayor
1
I RETURN TO: �s �'� r' EXT: 07§-3
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: Aju rfl t'i j C cS e) Z #. C e 5
ORIGINATING STAFF PERSON: Jean. A21't 14
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
, CONTRACT AMENDMENT (AG #): f 7- X6
❑ OTHER
EXT: 075 3g 3. DATE REQ. BY: D "2/k81101.0
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
PROJECT NAME: i f 0 U e4,71 S rlR$ (.�` cJia dee-ir4A1 f4l/ c.n f 70 /7- 020/ 9 (#`-//*'' . ues
4//.3)
NAME OF CONTRACTOR: 7 -each, 7 C' $ Lo C ,qL %G 3
ADDRESS: AV l "e 3 11305 7i.4Atul,LA /,414 9s16 9 TELEPHONE 206 (% ( 0763
E -MAIL: C.h,k[ _ - feex.ryS/tr3 76 3 ye r� FAX: ZOG 4'*'/ &374
SIGNATURE NAME: Oc Oft" vrf,I TITLE SGCRe},q, - %,LUt..SLc/e✓
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: 0 /10//240/ 7 COMPLETION DATE: / 2j 3 / % 20 /
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
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING /
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: O7 / /7/ 2D/ 7 DATE REC'D: 0 7/2 y /2O/ 7
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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.)
❑ LAW DEPARTMENT
Ot SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
;OMMENTS:
INITIAL / DATE SIGNED
AG# 11:00(1
DATE SENT: O - 27
Memorandum of Understanding
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 Parks Department Maintenance Employees)
January 01, 2017 through December 31, 2019
IT IS UNDERSTOOD AND AGREED by the parties, City of Federal Way, Washington (hereafter "the
Employer "), and Teamsters Local Union No. 763 (hereafter the Union "), to enter into this agreement as
follows:
WHEREAS; the Employer and the Union negotiated a collective bargaining agreement for the period of
January 01, 2017 through December 31, 2019;
WHEREAS; the collective bargaining agreement is silent in regards to a maximum consecutive hours of
work;
THEREFORE; the Employer and the Union agreed to the following additional language:
4.1.3 Maximum Consecutive Hours - Generally, the City will work to ensure that employees do
not work more than 16 hours in a period of twenty -four (24) consecutive hours. In rare
cases (during an emergency or other necessity), the City may waive this rule if, in the
judgment of management, the 16 -hour cap on consecutive hours worked can be exceeded
safely.
In cases where unscheduled or emergency work prevents a reasonable rest period before
the employee's regularly scheduled shift begins, the employee will be directed to either
begin his or her shift 4 hours late or skip the next work shift entirely, at the discretion of the
supervisor. The employee will be compensated for the full eight (8) hour shift as if it had
been worked normally. Management shall document in writing, with a copy to the affected
employee, when this occurs including a statement that the employee will be compensated
for time missed due to insufficient rest.
PUBLIC, PROFESSIONAL & OFFICE - CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO.
763, affiliated with the International Brotherhood of
Teamster
By:
Date:
tt A. Sullivan, Sec etary- Treasurer
By:
CITY OF FEDERAL WAY, WASHINGTON
Ferrell, Mayor
Date: ,e 7 1 1
I RETURN TO: 3"ean v 1_l EXT: j 3 .2.,
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT. /DIV: LtV144Y) Re,,jbLl(rG�s
2. ORIGINATING STAFF PERSON: 3-1-12-11 tart II j EXT: 95 32 3. DATE REQ. BY: 0 I /64 11
4. 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
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL
lyt OTHER .2-0/ 2 019 "TPUi/1$ i iei C0 O P #! VG
5. PROJECT NAME: C_p
ettrtetuu ��
6. NAME OF CONTRACTOR: "TCrt rYI S kr 5 LLCM, I 763
ADDRESS: 1Y415-1ih& g rb4A1 Qv&S #3, Tweilda WA 981 ve TELEPHONE 201, WI D VG 3
E -MAIL: C-kAd. bakei' Carnskcrs 11.3 • sect FAX: toy VW 4,30)(•
J TITLE SGC -e r� • %rGAS L✓SIGNATURE NAME: 54+ s uJ III/ A11
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: 6 1 ) t) 11.010 1 7 COMPLETION DATE: 12t'31 1 1019
ten GI Aor'C_C!' -f
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
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: b!C b31214-7
12. CONTRACT SIGNATURE ROUTING I I j
XSENT TO VENDOR/CONTRACTOR DATE SENT: D I /O,�l c?b i 7 DATE REC'D: 6 I 1 DPI 2D
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
DATE SENT: 01-10-11-
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)
CITY OF
Federal Way
January 1, 2017 through December 31, 2019
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, 2017 through December 31, 2019
ARTICLE
TABLE OF CONTENTS
SUBJECT PAGE
ARTICLE 1 RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2
ARTICLE 11 PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 4
ARTICLE III HOURS OF WORK 5
ARTICLE IV OVERTIME AND SPECIAL PAY 6
ARTICLE V WAGES 7
ARTICLE VI HOLIDAYS 8
ARTICLE VII VACATIONS 9
ARTICLE VIII LEAVES 9
ARTICLE IX HEALTH AND WELFARE BENEFITS 11
ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 12
ARTICLE XI DISCIPLINE 13
ARTICLE XII GRIEVANCE PROCEDURE 13
ARTICLE XIII MISCELLANEOUS 14
ARTICLE XIV MANAGEMENT RIGHTS 16
ARTICLE XV SAVINGS CLAUSE 16
ARTICLE XVI DURATION 17
APPENDIX "A" CLASSIFICATIONS AND RATES OF PAY 18
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, 2017 through December 31, 2019
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
1.1
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
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 Tess 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
All
Sections
ARTICLE 10
Sections 10.1
and 10.4
ARTICLE 2
Sections 2.2
and 2.5
ARTICLE 12
All Sections*
ARTICLE 16 APPENDIX "A"
All Sections Section A.4
ARTICLE 3
Sections 3.4
and 3.5
ARTICLE 13
All Sections
ARTICLE 4
Section 4.1
ARTICLE 14
All Sections
ARTICLE 5
All Sections
ARTICLE 15
All Sections
*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
2017 -2019
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
2017 -2019
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.
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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 City acknowledges the Union's desire to minimize weekend work for
long -term employees, and therefore will implement the following work schedule as a pilot
program. Both parties reserve the right to reopen this section during the term of this
agreement. The normal workweek for Public Works and Parks Department employees
shall consist of five (5) consecutive days of either (8) consecutive hours excluding meal
periods, 7:00 A.M. to 3:30 P.M. or four (4) consecutive days of ten (10) consecutive hours;
provided, however, from March 1 through October 31, workweeks may include Saturday
and /or Sunday. Saturday and Sunday work will be assigned by shift- bidding by department
seniority. Before shift- bidding is used to determine weekend shift assignments, the City will
make a reasonable effort to use seasonal employees to cover weekend shifts if qualified
and capable seasonal employees are available. In order to incentivize seasonal coverage
of weekends, seasonal employees working weekend shifts will be compensated with an
additional one dollar ($1,00) per hour over their normal hourly rate for hours worked on
Saturday or Sunday. The City retains discretion to exclude specific positions from bidding
on weekend shift work or to create positions that are permanently scheduled for weekend
work. Examples of positions that are likely to be excluded from bidding on weekend work
or may have permanent weekend schedules include facilities, Town Square park,
Community Center and PAEC. The parties agree to meet to discuss other shift options
should either party wish to propose a change to be adopted by mutual 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.
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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.
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 or other
non - regular work hours. 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 or scheduled overtime
work. Employees who are assigned Standby Duty shall receive three dollars and 00/100
($3.00) 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.
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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.
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 WAGES
5.1 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.
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ARTICLE VI 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
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day Following Thanksgiving Day
Christmas Day
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
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.
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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 1/2 (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
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 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 (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.
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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.
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 less 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.
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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.
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 to purchase employee coverage and ninety percent (90 %) of the
premiums necessary for the purchase of dependent coverage (excluding spouses /partners
who are eligible for other coverage through their place of employment) under Group Health
PPO or Group Health HMO insurance plans as selected by the employee. The City will
reimburse actual expenses incurred in order to cover the annual deductible payments for
"out -of- network" services under the PPO Plan ($100 individual, max $300 family). The City
will provide a Plan A and Plan B for both the PPO and HMO Plan.
The City will offer two tiers of co -pays for health insurance depending on participation in
the City's Wellness Program. Employees and covered spouses /partners will be on the
lower co -pay plan (Plan A) if they earn 1000 points (complete required Biometric Screening
and Health Screening Questionnaire and earn 500 additional points) by October 31 of the
previous year. Refusal to participate in the Wellness Program or failure to meet the
wellness requirement will result in coverage under Plan B with a higher co -pay amount, but
shall not otherwise impact the status of the employee at the City.
The City may add an option for a High Deductible plan.
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.
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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.
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.
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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.
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 (i.e.
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:
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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. In
the case where the Union wishes to notify the City of a grievance on behalf of an employee,
said notification will be done in writing.
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.
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.
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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.
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.
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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
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.
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Public Works and Parks Maintenance Employees
ARTICLE XVI DURATION
16.1 Except for those provisions that state otherwise, this Agreement shall be effective January
01, 2017, and shall remain in full force and effect through December 31, 2019.
PUBLIC, PROFESSIONAL & OFFICE - CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION
NO. 763, affiliated with the International
Brotherho d of Teamsters
S o
By
Date
� a.
tt A. Sullivan, Se retary- Treasurer
17
By
Date
CITY OF FEDERAL WAY, WASHINGTON
APPROVED AS — FORM:
J. Ryan Call, Interim City Attorney
2017 -2019
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, 2017 through December 31, 2019
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 July 1, 2016, 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 3081 3219 3365 3516 3674 3901
21 MW1 3896 4073 4254 4445 4647 4887
26 MW2 4303 4496 4699 4910 5129 5449
26 Aquatic Facility 4303 4496 4699 4910 5129 5449
Operator
A.1.1 Effective January 1, 2017, the 2016 rates of pay shall be increased by one and a half percent
(1.5 %).
A.1.2 Effective January 1, 2018, the December 31, 2017 rates of pay shall be increased by one percent
(1 %). Effective July 1, 2018, the June 30, 2018 rates of pay shall be increased by one percent
(1 %).
A.1.3 Effective January 1, 2019, the December 31, 2018 rates of pay shall be increased by one percent
(1 %). Effective July 1, 2019, the June 30, 2019 rates of pay shall be increased by one percent
(1%).
A.2 In any year covered by this contract, if the non - represented employees of the City receive an
across - the -board increase in wages that exceeds the increases listed in A.1.1 through A.1.3 of this
agreement, the Union employee wages will increase by the same percentage rate as the non -
represented employees.
A.3 In any year covered by this contract, if the City implements a City -wide comparable wage study
( "comp study ") that will cover those employees that are not represented by a bargaining unit, the
City agrees to include the members of the Union in the study and include the Union's members in
any across - the -board pay increase implemented in response to a comp study.
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 or August 1, 2014, whichever is later.
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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
Brotherhoo of Teamsters
By
Date
Sc 'tt A. Sullivan, Sec -tary- Treasurer
19
By
Date
CITY OF FEDERAL WAY, WASHINGTON
errell, yor
/q/i '1
APPROVED AS TO FORM:
J. Ryan Call, Interim City Attorney
2017 -2019
City of Federal Way
Public Works and Parks Maintenance Employees