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AG 20-093 - Teamsters 117RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV f-f�rr�l.�r�CSorl� ORIGINATING STAFF PERSON: Y -01r7 LZ16I" EXT: r301, 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT A MEN DMENT (AG#): ❑ INTERLOCAL , OTHER 5. PROJECT NAME: Rd R d a o a I -7j, 6. NAME OF CONTRACTOR: s',4r-e,5 Le cal trt'1 /l7 ADDRESS: /yGTr r lgle,,c,ebw A AP7 LW Qf I& g TELEPHONE .266 G D E-MAIL: " 1 r 7. aye FAX: 2-0 A 31 SIGNATURENAME: ,�+�e� ohn .� C�rZrGrJ TITLE2WA� - T1UAStrg-R• 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; 0 /% D COMPLETION DATE: f v�/� 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, $ RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE TO: 10, DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12 CONTRACT SIGNATURE ROUTING PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: 4jjpjpW COUNCIL APPROVAL DATE: 07 Z! ZI Z•a ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:� ❑ 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.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: 1/2020 r _ r Between CRY of Federal Way And Teamsters Local 'Mn No. 11 Affiliated with the International Brotherhood of Teamsters Representing the Police Commanders Term of Agreement January 7, 2020 - December 31, 2021 City of Federal Way (Police Commanders) TABLE OF CONTENTS City of Federal Way (Police Commanders) ARTICLE Disciplinary Investigations _______________ ------__ Drug Testing ---- ------------ --------------- Duration----_ ----- ----------- ------------ Executive Leave ------------------------------------ -- Grievance Procedure _________________-----_-_____________ Holidays-------- — ---------------------------------- Hoursof Work----------------------------------------------- Management --___.._-----_-_-_______-_Management Responsibilities------------------------- Medical, --------------___Medical, Dental, and Life Insurance Programs ---- Miscellaneous ---------------------------------------------- Non-Discrimination-------------------------------- Prohibited Practices ------------------------------ Reduction in Force _____—_-_-----___ Savings Clause --------------------------------- Seniority----- ---------------- ------------------ SickLeave ---- _-_---------------------------------------------- Union Recognition and Membership ----------------- Vacation------------------------------------------------------ Wage Rates ---------------------------- --------� _ Appendix A – Wages ------------ ------------- PAGE ARTICLE LVA — --------- 19 ----------------- ----------------------- - _--- ----_�_-- -------------...------ ------------�-----_-�---- _____– 13 ------�------------- 24 ----------------- 16 ------------- ---- 27 ----------------- 19 ---------------------- 13 ----------------- 8 ---------------------- 20 -- --- ----------- 14 ---------------------- 4 -- ---- ------ 3 ---------------------- 13 ----- ------------ 7 ---------------------- 3 ----– _-_ 2 ___----------------- 14 ------ -- ---- –_-- 9 16 ----------------- 10 --- ---- ------_--- 23 ----------------- 15 –---------- ------- 19 ------- ---------- 11 _______...__------ 19 ------------ 12 27 ----------- ----- 18 27 ----------------- 17 --------- 7 ---- ---------- -- 5 2 ------------------- 1 ----------�------------- 6 ------------------- 4 -------------------- 12 ----------------- 6 _---- 29 Page 11 City of Federal Way (Police Commanders) AGREEMENT PREAMBLE: Teamsters Local Union No. 117 ("Union") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1 - UNION RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Union as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Union Membership All employees whose classification or job title is included in Article 1, Section 1 of this Agreement may voluntarily join the Union as a member. Section 3. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the Union and shall transmit the same to the Union within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Union 30 days' written notice. Section 4. List of Employees The City will transmit to the Union a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. Section 5. Voluntary Deductions The Employer agrees to deduct from the wages of any employee who is a member of the Union a Teamsters Legal Defense Fund deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The beginning and/or termination of this deduction will coincide with the payroll cycle. The Employer agrees to remit any deductions made pursuant to this provision to the Union together with a report showing: 1. Employee name 2. Personnel number 3. Amount deducted Page 12 City of Federal Way (Police Commanders) The parties agree this Section satisfies the Employer's obligations and provides for the deduction authorized under Section 1(6) of RCW 41.04.230. Section 6. Hold Harmless The Union will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or a combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding brought to invalidate this Article, the Union will actively defend the suit or action. However, in the event any determination is made by the highest court having jurisdiction that this Article is invalid, the Union shall be solely responsible for any reimbursement. ARTICLE 2 - MANAGEMENT RESPONSIBILITIES Section 1. The Union recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Union recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to,- a. o: a. discipline, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. Page 13 City of Federal Way (Police Commanders) b. to demote probationary employees for any reason. Employees who are demoted before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the demotion, or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10.The City shall have the right to take any and all actions necessary in the event of an emergency. 11.The City has the right to make work assignments, including moving work from the Lieutenant unit into this unit, and work from this unit into the Lieutenant unit. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Union at least ten (10) days' notice of the desired change. The Union may request bargaining of the issue, and the City thereafter will meet with the Union in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. ARTICLE 3 - HOLIDAYS Section 1. Observed Holidays Beginning January 1 each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee for the following observed holidays: First day of Janua Third Mondav of Jan Commonly Called New Year's Dai Martin Luther King Dav Page 14 City of Federal Way (Police Commanders) Third Monday of February President's Day Last Monday of May Memorial Day Fourth day of July Independence Day First Monday of September Labor Day 11th Day of November Veteran's Day Fourth Thursday of November Thanksgiving Day Friday following the fourth Thursday in November Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holiday For employees hired after January 1St in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, fifty-six (56) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [seven (7)] by eight (8) hours); provided that the City shall not be required to bank hours for floating holidays for any employee hired on or after July 1St during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. If an employee permanently leaves the service of the employer before December 31St of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1 st of that year. The additional 20 holiday hours will not be prorated, but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. Section 2. Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of their banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: a. the employee makes a reasonable effort to use their banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by their supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday Page 15 City of Federal Way (Police Commanders) hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Union with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. ARTICLE 4 - VACATION Section 1. Vacation Accrual Union members shall accrue vacation benefits while in pay status, based upon their years with the city, as indicated in the following table: Full Years of Service Throuah end of Year 5 Upon beginning of Year 6 Upon beginning of Year 11 Upon beginning of Year 16 Upon beginning of Year 21 Upon beginning of Year 26 Annual Leave in Hours 96 132 150 180 204 220 In the event the City agrees to a more favorable schedule with the Police Guild, the Commanders may, upon notice to the City, have such schedule made applicable to them as well. Section 2. Accrual Employees shall accrue vacation benefits on a semi-monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect their normally scheduled work week. Section 3. Vacation Increments Vacation may be used in two-hour increments at the discretion of the Chief or their appointed designee. Section 4. Payment Upon Death In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Page 16 City of Federal Way (Police Commanders) Section 5. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the Mayor, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 6. Vacation Scheduling If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to d uty. Section 7. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. ARTICLE 5 - SICK LEAVE Section 1. LEOFF Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. Section 2. Sick Leave Usarge Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee Page 17 City of Federal Way (Police Commanders) is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of an child of the employee with a health condition that requires treatment or supervision, or for a spouse, domestic partner, parent, parent -in-law, or grandparent of the employee who has a serious health condition or an emergency condition as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). Sick leave benefits may be used in one half-hour increments. Section 3. Washington Paid Sick Leave Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to 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 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 Page 18 City of Federal Way (Police Commanders) 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 one thousand eighty (1,080) 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 one thousand eighty (1,080) 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 the 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 one thousand eighty (1,080) hours be carried forward. Verification of Absences Exceeding_ Three Days If an employee is seeking to use or has used Washington paid Sick Leave for authorized purposes or 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 Em to rent 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. Section 4. Sick Leave Payment at Time of Retirement a. LEOFF Retirement Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington paid Sick Leave hours at the employee's current hourly rate with a cap of two hundred seventy (270) Page 19 City of Federal Way (Police Commanders) hours. See HRA VEBA Article 9, Section 3b. b. Death in the Line of Duty The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 5. If the state grants compensated under continue the full sal, Industrial Insurance Leave industrial the City's ry without Commander cannot return to become eligible for time loss. insurance benefits, the Commander will remain fully "kept on salary" program ("Program"). The Program will deducting any leave for thirty (30) days. In the event the ruork on the thirty-first (31St) day, the Commander would Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Commanders cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Commanders must use the time loss money from worker's compensation to "buy back" the sick leave used. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, a Commander can only "buy back" a percentage of the leave used with that money, however, the Commander will not suffer the income loss that occurs when they only receive worker's compensation benefits. When an employee receives a worker's compensation time loss check, they should turn the check over to payroll. Based upon the Commander's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the Commander when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until they are able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six 6) months while a Commander is on "kept on salary" and subsequently receiving workers' compensation time loss payment. A Commander who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the Commander is able to resume their job duties, or specifying limits on duties which can be performed. Section 6. Familv Care and Death a. Bereavement Leave Regular, full time employees shall be entitled to three (3) days (30 hours) of bereavement leave due to death of a member of the employee's immediate family or domestic partner. Page 110 City of Federal Way (Police Commanders) Regular, full time employees, who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to three (3) days (30 hours) when death occurs to a member of the employee's immediate family or domestic partner. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family or domestic partner. b. Family Care Leave Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. c. Immediate Family Immediate family is construed to mean persons related by blood or marriage to an employee as follows: grandmother, grandfather, mother, father, step parents, husband, wife, son, daughter, step children, legally adopted child, brother, sister, and grandchildren. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that a commander has been released to return to duty, and for FMLA related compliance. Section 8. Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job. Section 9. Federal VWay 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. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based upon a rolling twelve (12) month period. Section 11. Domestic Partner Requirements In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: a. Not related by blood closer than would bar marriage in Washington State. b. Not married to another or in any other domestic/civil partnership. c. 18 years of age. Page 111 City of Federal Way (Police Commanders) d. Competent to contract when the domestic partnership began. e. Declare each other's sole domestic partner. f. Currently share primary residence/mutual support/intend indefinitely. g. Have an intimate, committed, and exclusive relationship. h. Of the same sex and/or opposite sex and responsible for each other's common welfare. Section 12. Domestic Partner Benefits A person whom a Commander identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be provided the same consideration as an employee's "spouse" for purposes of this agreement. Section 13. Alternate Duty/Early Return to Work The City recognizes the value of trained commanders and, therefore, offers the Alternate Duty/Early Return to Work Program in accordance with the Employee Guidelines to all injured employees, whether injured on -duty or off. The City will work in good faith with the attending physician to return the employee to work as soon as possible or to provide alternative work for a maximum of six months. If, at the expiration of the six months, the attending physician determines that the employee will be able to perform the essential functions or duties of the job within a reasonable time period, the City will continue to work with the commander to provide reasonable accommodation. RTICLE 6 - WAGE RATES Section 1. Wages Historically, wage increases for the commissioned employees of the Police Department have been consistent to provide stability and avoid potential compression and the parties agree to maintain this approach going forward. The wage adjustments 2020 are retroactive to January 7, 2020, and apply to currently employed Commanders as of the date of ratification. Wage rate shall be as specified in Appendix A. Section 2. Supervisory Training Incentive A Commander who has not previously been paid by the City for obtaining a middle management certificate from the CJTC will be eligible for a one-time payment of $250 upon completion of the middle management certificate and will also be eligible for an additional one-time payment of $250 upon completion of the executive level certificate from the CJTC. A Commander who has not previously been paid by the City for obtaining an executive level certificate from the CJTC will be eligible for a one-time payment of $250 upon completion of the executive level certificate from the CJTC. Page 112 City of Federal Way (Police Commanders) Section 3. Command Duty Officer Pay Effective the first pay period following ratification of the Agreement, commanders shall continue to receive an additional five (5) percent of the top step wage rate per month. ARTICLE 7 - HOURS OF WORK Section 1. Work Shifts The Commanders will continue to work a 4/10 schedule. Shift starting hours will be determined from time to time by the City. Section 2. Rotating Schedule Commanders may be placed on a rotating, CDO schedule. The schedule and procedures for assigning commanders to CDO duties will be consistent with current practice. ARTICLE 8 - EXECUTIVE LEAVE Section 1. It is recognized that employees will be required to spend additional time over and above their regular work week engaged in activities for the City. Since the employees are exempt from FLSA overtime, the parties agree that each member of the bargaining unit shall receive executive leave time each year. Section 2. Banked Leave Upon ratification and beginning January 1 each year, the City shall bank (provide) twenty (20) hours of executive pay for each bargaining unit employee, prorated for new employees of the unit by mutiplying 0.83333 per pay period for the remaining pay periods in the year following date or promotion/hire. Maximum carry forward from year to year is 40 hours any hours above forty (40) will be forfeited at the end of the year. Section 3. Executive Leave Cash Out Annually, each employee may elect to cash out twenty (20) hours of executive leave. An employee electing to cash out twenty (20) hours of executive leave must provide notice to HR no later than November 1. Payment for those employees electing to cash out twenty (20) hours of executive leave shall be made on the first pay check in December. Section 4. Separation of Employment If an employee permanently leaves the service of the employer before December 31St of any given year, the City may deduct banked hours credited to the employee's executive leave bank equal to the number of pay periods remaining in the year multiplied by Page 113 City of Federal Way (Police Commanders) 0.83333 per pay period and cash out the balance up to the maximum of forty (40) hours. It is understood that this Agreement shall be interpreted and applied in a manner, which will ensure, to the fullest extent possible, the continued exempt status of Commanders. ARTICLE 9 - MEDICAL. DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: (i) Medical Plan. The Employer shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Kaiser Permanente PPO Access or HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). There will be a Plan A and a Plan B or both the PPO and HMO Plan. (ii) In the event the City agrees in bargaining to increase the deductible reimbursement, the change shall be applicable to the Commanders (instead of the $100/$300). (iii) The City may add an option for a High Deductible plan. (iv) Every year as part of the Wellness Program, a Commander and spouse/partner (if covered under the plan) must complete the Health Screening Questionnaire, the Biometric Screening, and participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. (v) Refusal to participate in the wellness program or failure to meet the wellness requirement by a Commander and/or covered spouse/partner will result in coverage under Plan B, but shall not otherwise impact the status of the Commander at the City. (vi) Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. (vii) Other. The life insurance benefit shall be one (1) time's annual salary to a maximum Page 114 City of Federal Way (Police Commanders) (vii) Other. The life insurance benefit shall be one (1) time's annual salary to a maximum of $110,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. Section 2. Supplemental Disability Insurance The City shall continue to provide supplemental coverage. The Union may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Union. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section 3. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of-pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. The City will not make contributions to the HRA VEBA Plan. a. Mandatory Employee Contribution — Effective on the first of the month following thirty (30) days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRA/VEBA. b. Sick Leave Cash Out— Contributions shall include 100% of the cash -out value of all unused sick leave accrued and available for cash -out upon retirement from services into LEOFF to the maximum pursuant to Article 5, Section 4a. Section 4. Teamsters Retirees' Welfare Trust Effective on the first of the month following thirty (30) days from the date of ratification and on a monthly basis thereafter, the City shall deduct from the employees' wages the sum of one hundred seventy five dollars ($175.00) per month for benefits under the "RWT-XL Plan" during the period this Collective Bargaining Agreement is in effect, the City agrees to remit payment to the Retirees Welfare Trust, c/o NORTHWEST ADMINISTRATORS, INC., for each employee who received compensation for eighty (80) hours or more in the previous month. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section 5. Maintenance of Benefits The Trustees of the Washington Teamsters Welfare Trust or the Retirees Welfare Trust may modify benefits or eligibility of any plan (i.e. for the purpose of cost containment, cost Page 115 City of Federal Way (Police Commanders) management, or changes in medical technology and treatment). If increases are necessary to maintain the current benefits or eligibility, or benefits or eligibility as modified by the Trustees during the life of the Agreement, the Employer shall pay such increases as determined by the Trustees. ARTICLE 10 - MISCELLANEOUS Section 1. Take Home Cars The City will maintain the current take home car policy/process for Commanders. Section 2. Apaearances Before the Civil Service Commission. PERC or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Union Negotiating Committee Up to three employees who serve on the Union Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Union Business The Department shall afford Union Representatives a reasonable amount of time while on - duty to consult with appropriate management officials, and/or aggrieved employees, provided that the Union Representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Union Representatives shall not use excessive time in handling such responsibilities. The Union shall give the City as much advance notice as reasonably possible of such time off requests. Section 5. Bulletin Boards The City shall permit the use of a bulletin board by the Union for the posting of notices relating to official Union business, so long as the matters posted are not inflammatory or otherwise detrimental to the operations of the Department. Section 6. Damage of Personal Effects Employees, who in the line of duty suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Page 116 City of Federal Way (Police Commanders) Section 7. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that they believe is erroneous or irrelevant. If the employee does not agree with the City's decision, they may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Section 8. Uniforms and Equipment All commissioned Commanders shall be furnished all required uniforms and equipment. a. Dry -Cleaning Uniforms shall be dry-cleaned at the City's expense as necessary. b. Annual Allowance All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job-related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job-related footwear, clothing, or accessories during a year. • Commanders assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative Commander in Professional Standards will be paid up to six hundred dollars ($600) per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories and uniform footwear. • All other employees will be paid up to two hundred dollars ($200) per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at six hundred dollars ($600) for that year, regardless of whether the employee used some allowance funds earlier in the year. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above. As used in this Section, "accessories" include the following items. Nothing prohibits the City and the Union from modifying this list through written agreement. Page 117 City of Federal Way (Police Commanders) • T-shirts (black or white) Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) • Baseball caps (with FWPD mini -patch) • Watch cap (with FWPD mini -patch) Nylon web gear • "Comfort Fit" Belt System Handcuffs (nickel -plate or black finish) • Metal baton • Mini -flashlight ® Mini -flashlight pouch/holder • Key Holder Latex glove holder • Radio earpiece • Folding knife (no more than 4" blade length) • Patrol bag/Carry case • External Armor Carrier (see MOS 41.35D External Body Armor Specs) Suspenders for duty belt • Holsters (must comply with department specifications for either uniform or plain clothes on -duty use) • Firearms (must comply with department specifications for either uniform or plain clothes on -duty use) • Sights for firearms (must comply with department specifications for either uniform or plain clothes on -duty use) Section 9. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, they will inform their immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Commanders who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Page 118 City of Federal Way (Police Commanders) Section 10. Defense and Indemnification The City shall provide legal defense and indemnification pursuant to the City Code. Section 11. Sabbatical Leave Union members will be eligible for Sabbatical Leave as outlined in the Employee Guidelines. ARTICLE 11 - PROHIBITED PRACTICES Section 1. Neither the Union nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other organized effort that interferes with the efficient operation of the Department. Section 2. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Union agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12 - DEDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though they cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13 - DISCIPLINARY INVESTIGATIONS Section 1. Disciplinary Standards No employee shall be subject to discipline except for just cause. An employee who engages in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct, if known, would harm the City's reputation in the community; (2) the off-duty conduct materially Page 119 City of Federal Way (Police Commanders) affects the employer's business operation; or (3) the conduct is inconsistent with the office that the Police Commander holds. Section 2. Disciplinary Investigations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be follows: a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise them of the matter. Nothing herein shall operate as a waiver of the Union's right to request bargaining information. c. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Union representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. f. The employee shall not be subjected to any offensive language or abusive questioning, nor shall they be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain their resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to the Commander. ARTICLE 14 - GRIEVANCE PROCEDURE Section 1. Grievance Procedure 5teos Page 120 City of Federal Way (Police Commanders) a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Union concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Union, as provided by State Law. c. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Union within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Union within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall Page 121 City of Federal Way (Police Commanders) be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel The City and the Union shall try to agree upon a mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make their own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit their decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Commander Union mutually agree to have more than one grievance or dispute submitted to the Arbitrator. c. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and expenses will be paid by the party incurring them, including costs of representation. d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon Page 122 City of Federal Way (Police Commanders) reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Probationary Period All newly promoted employees must serve a probationary period. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the promotional process; therefore, the provisions of this Article will not apply to employees if they are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Union, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15 - NONDISCRIMINATION The Employer and the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, Page 123 City of Federal Way (Police Commanders) color, religion, national origin, age, sex, or disability. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Union agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16 - DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee to provide written medical authorization from a physician to perform various essential job functions while using such drugs. Any voluntary request by an employee for assistance with their own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Page 124 City of Federal Way (Police Commanders) Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Sus icion Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (nglml) Test Level Amphetamines...............................................................................................1000 Barbiturates...................................................................................................... 300 Benzodiazepines.............................................................................................. 300 Cannabinoids...................................................................................................100 Cocaine metabolites.........................................................................................300 Methadone.......................................................................................................300 Methaqualone..................................................................................................300 Opiates(Codeine)............................................................ ................... ...........300 Opiates(Morphine)..........................................................................................300 Phencyclidine(PCP)..........................................................................................25 Propoxyphene..................................................................................................300 Level of the positive result for alcohol ...................................... 0.04 blood alcohol c. Illegal Drugs All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter Drugs Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with a Union Page 125 City of Federal Way (Police Commanders) representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Union representative may be present during this discussion. c. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Union representative) and proper chain -of -custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Union. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: h. If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Section 5. Confirmatory Test Marijuana metabolites............................................................................. ... ...... ... .15 ng/ml Cocaine metabolites...............................................................................................150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine............................................................................ ------ - --- . .-- - 25 ng/ml Amphetamines Amphetamine..............................................................................500 ng/ml Methamphetamine...................................................................... 500 ng/ml Page 126 City of Federal Way (Police Commanders) Section 6. At the employee's or the Union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Union for testing. The cost of this test will be paid by the Union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Union (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the-counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17 - SENIORITY The term seniority as used in this Agreement will be defined as total service as a police commander from date of promotion and/or appointment. If commanders are promoted on the same date then the total years of service as a commissioned police officer in any state will be utilized to determine seniority. ARTICLE 18 - SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19 - DURATION This agreement shall be effective until December 31, 2021. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become Page 127 City of Federal Way (Police Commanders) effective on the date of signing. DATED this `- day of T ; . =—, 2020. CITY OF FEDERAL WAY TEAMSTERS LOCAL UNION NO. 117/I13T ;Jir;n'Ferrell, Mayor Joh Scearcy, Secretarytoasurer Approved as to form: 3ge'�' 1 City Attorney, X"Ryan Call Page 128 City of Federal Way (Police Commanders) APPENDIX A WAGES See Article 6 Effective and retroactive to January 7, 2020 a 1.0% increase. $9,387 $9,809 $10,250 $10,712 $11.194 $11,888 Effective July 1, 2020 a 2.0% increase - $9,575 $10,005$10,455 $10,926 $11,418 $12,126 1 Effective January 1, 2021 a 1.0% increase. $9,671 $10,105 $10,560 $11,035 $11,532 $12,247 Effective July 1, 2021 a 2.0% increase. $9,864 $10,307 $10,771 $11,256 $11,763 1 $12,492 DEFERRED COMPENSATION: Upon ratification of this agreement, the City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of one (1) percent of the employee's base rate of pay. Effective January 1, 2021 the City match will increase to a maximum of two (2) percent of the employee's base rate of pay. Page 129 RETIREE'S WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION CONFIRM, AS A CONDITION PRECEDENT TO PARTICIPATION IN THE RETIREE'S WELFARE TRUST, THAT THEY ARE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR CONTRIBUTIONS TO BE MADE TO THE TRUST ON BEHALF OF ALL BARGAINING UNIT EMPLOYEES FOR WHICH THE EMPLOYER IS REQUIRED TO CONTRIBUTE. UPON EXPIRATION OF THE CURRENT OR ANY SUBSEQUENT BARGAINING AGREEMENT REQUIRING CONTRIBUTIONS, THE EMPLOYER AGREES TO CONTINUE TO CONTRIBUTE TO THE TRUST IN THE SAME MANNER AND AMOUNT AS REQUIRED IN THE MOST RECENT EXPIRED BARGAINING AGREEMENT UNTIL SUCH TIME AS THE UNDERSIGNED EITHER NOTIFIES THE OTHER PARTY IN WRITING (WITH A COPY TO THE TRUST FUND) OF ITS INTENT TO CANCEL SUCH OBLIGATION FIVE DAYS AFTER RECEIPT OF NOTICE OR ENTER INTO A SUCCESSOR BARGAINING AGREEMENT WHICH CONFORMS TO THE TRUST POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS, WHICHEVER OCCURS FIRST. THE PARTIES AGREE TO PROVIDE THE TRUST OFFICE WITH A COPY OF THE CURRENT AND ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS. RETIREE PLAN (Check one): ❑ RWT-PLUS F RWT-XL EFFECTIVE DATES OF CURRENT BARGAINING AGREEMENT: 01/07/20 to 12/31/21 If a new Bargaining Agreement, first payment is due the Trust based on hours worked effective 08/01/20 ACCEPTANCE OF TRUST AGREEMENT THE UNDERSIGNED ACKNOWLEDGE RECEIPT OF A COPY OF THE TRUST AGREEMENT AND TRUST POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS (SEE THE BACK OF THIS FORM FOR THE POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS), AND ACCEPT AS THEIR REPRESENTATIVES FOR PURPOSES OF PARTICIPATING IN THE TRUST, THE JOINT LABOR AND MANAGEMENT TRUSTEES SERVING ON THE BOARD OF TRUSTEES AND THEIR DULY APPOINTED SUCCESSORS. THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION, BY EXECUTION OF THIS SUBSCRIPTION AGREEMENT, CONSENT TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT GOVERNING THE RETIREE'S WELFARE TRUST, INCLUDING ANY SUBSEQUENT AMENDMENTS THERETO. THE UNDERSIGNED FURTHER ACKNOWLEDGE THAT WITH EACH SUCCESSIVE COLLECTIVE BARGAINING AGREEMENT TO THE ONE IDENTIFIED ABOVE THAT PROVIDES FOR CONTRIBUTIONS TO CONTINUE TO BE MADE TO THE RETIREE'S WELFARE TRUST, THE PARTIES AGREE TO CONTINUE TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT AND ANY SUBSEQUENT AMENDMENTS THERETO. THIS SUBSCRIPTION AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL SUCH TIME AS CONTRIBUTIONS ARE NO LONGER REQUIRED TO BE MADE TO THE TRUST UNDER A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES; HOWEVER, THE TRUST RESERVES THE RIGHT TO DISALLOW OR TERMINATE PARTICIPATION IN THE TRUST UPON FAILURE TO EXECUTE THIS SUBSCRIPTION AGREEMENT OR TO COMPLY WITH THE TRUST AGREEMENT OR POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS. EMPLOYER (Name and Address) City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 By: Ti e[y Date t t' LABOR ORGANIZATION (Name and Address) Teamsters Local Union No. 117 14675 Interurban Ave. S, Suite 307 Tukwila, WA 98168 Title: cretary-Treasurer Date: 2U APPROVAL OF TRUSTEES This subscription agreement has been accepted by the Retiree's Welfare Trust: By: Title: Date: RETIREE'S WELFARE TRUST POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS It is hereby declared to be the policy of the Retiree's Welfare Trust to accept as Employer contributions only payments made in accordance with a Collective Bargaining Agreement and/or Written Agreement, which is not detrimental to the Plan. Accordingly, a Collective Bargaining Agreement and/or Written Agreement which: • Does not require monthly contributions to be made on behalf of all persons who perform work in the classifications or categories covered in such Collective Bargaining Agreement; or • Requires a minimum waiting period of employment before contributions are owing; or • Limits employees on whose account monthly contributions are to be made to those who are compensated for more than eighty (80) hours per month, will be deemed to be detrimental to the Retiree's Welfare Trust and said contributions will not be acceptable. The foregoing is only an illustration of Collective Bargaining Agreement and/or Written Agreement provisions, which the Trustees have deemed to be detrimental to the Plan and should not be considered as an all-inclusive list of all such types of provisions. The determination of whether or not a Collective Bargaining Agreement and/or Written Agreement is detrimental to the Plan shall be made by the Trustees in their sole discretion. NOTE: There is a separate policy on acceptance of employer contributions in the Food Processing Industry. A copy maybe obtained from the Trust Administrative Office. Retiree's Welfare Trust 2323 Eastlake Avenue East Seattle, WA 98102 (206) 329-4900