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HomeMy WebLinkAboutContract CAG-1 9-220 AGREEMENT By and Between CITY OF RENTON and LOCAL 2170, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO January 1, 2019 — December 31, 2020 AFSCME, Local 2170 Contract 2019 – 2020 Page 2 AFSCME, Local 2170 Contract 2019 – 2020 Page 3 TABLE OF CONTENTS PREAMBLE .............................................................................................. 9 ARTICLE 1 – RECOGNITION AND BARGAINING UNIT ............................... 9 1.1. Union Recognized ................................................................... 9 1.2. Temporary/Supplemental Employees .................................. 10 1.3. Excluded Positions ................................................................ 12 1.4. New Positions ....................................................................... 12 1.5. Executive Board Meetings .................................................... 13 1.6. Job Classification Changes .................................................... 13 1.7. Reclassification Reviews ....................................................... 13 ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION .................. 15 2.1. Payroll Deduction ................................................................. 15 2.2. PAC Program ......................................................................... 16 2.3. Hold Harmless Agreement .................................................... 16 2.4. Refunds ................................................................................. 16 2.5. New Employees .................................................................... 17 2.6. Union Officer List .................................................................. 17 ARTICLE 3 – HOURS OF WORK .............................................................. 17 3.1. Work Week ........................................................................... 17 3.2. Work Day .............................................................................. 18 3.3. Work Schedules .................................................................... 18 3.4. Meal and Rest Periods .......................................................... 19 AFSCME, Local 2170 Contract 2019 – 2020 Page 4 3.5. Clean-Up Time ...................................................................... 20 ARTICLE 4 –OVERTIME .......................................................................... 21 4.1. Overtime ............................................................................... 21 4.2. Call-back Pay ......................................................................... 23 4.3. Extended Overtime ............................................................... 24 4.4. Shift Differential.................................................................... 24 4.5. Standby ................................................................................. 25 4.6. Uniform Allowance ............................................................... 25 4.7. Acting Pay ............................................................................. 27 ARTICLE 5 – SICK LEAVE ......................................................................... 27 5.1. Sick Leave Accrual ................................................................. 27 5.2. Sick Leave Cash Out .............................................................. 28 5.3. Long Term Disability Plan ...................................................... 28 5.4. Notification Requirements .................................................... 29 5.5. Abuse of Sick Leave ............................................................... 29 ARTICLE 6 – HOLIDAYS .......................................................................... 29 6.1. Observed Holidays ................................................................ 30 6.2. Holiday Pay ........................................................................... 31 6.3. Holidays Falling on Scheduled Day Off .................................. 32 6.4. Holidays Falling on Weekends .............................................. 32 6.5 Regular Part-time .................................................................. 33 6.6. Personal Holiday Use/Cash Out ............................................ 33 ARTICLE 7 – VACATIONS ........................................................................ 33 AFSCME, Local 2170 Contract 2019 – 2020 Page 5 7.1. Accrual Rate .......................................................................... 33 7.2. Maximum Vacation Accumulation ........................................ 34 7.3. Vacation Requests ................................................................ 34 7.4 Cash Out Upon Separation ................................................... 34 ARTICLE 8 – BEREAVEMENT LEAVE ....................................................... 35 ARTICLE 9 – INSURANCES ...................................................................... 35 Definitions: ......................................................................................... 35 9.1. Health Insurance ................................................................... 36 9.2 Cadillac Tax............................................................................. 38 9.3. Life Insurance ........................................................................ 39 9.4. Federal/State Healthcare Options ........................................ 39 9.5. COBRA .................................................................................. 39 ARTICLE 10 – JURY DUTY ....................................................................... 39 ARTICLE 11 – EDUCATION AND CONFERENCE ....................................... 40 11.1. Time Off and Financial Reimbursement ................................ 40 11.2. Valid Business Expenses ........................................................ 40 11.3. Access to Training ................................................................. 40 ARTICLE 12 – SALARIES.......................................................................... 41 12.1. Salaries ................................................................................. 41 12.2. Step Increases ....................................................................... 41 ARTICLE 13 - LONGEVITY ....................................................................... 42 13.1. Longevity Pay Calculation ..................................................... 42 13.2. Longevity Pay Date ............................................................... 42 AFSCME, Local 2170 Contract 2019 – 2020 Page 6 ARTICLE 14 – DEFERRED COMPENSATION ............................................ 43 ARTICLE 15 – PAY PERIOD ..................................................................... 43 ARTICLE 16 – MANAGEMENT RIGHTS ................................................... 43 ARTICLE 17 – UNION ACTIVITIES ........................................................... 44 17.1. Paid Release Time ................................................................. 44 17.2. Facility Access ....................................................................... 45 17.3. Union Communication .......................................................... 45 17.4. Training Time ........................................................................ 45 17.5. Negotiations ......................................................................... 45 ARTICLE 18 – LABOR/MANAGEMENT COMMITTEE ............................... 46 ARTICLE 19 – WORK STOPPAGES AND EMPLOYER PROTECTION .......... 47 19.1. Uninterrupted City Services .................................................. 47 19.2. Work Stoppage ..................................................................... 47 19.3. Disciplinary Action for Work Stoppage ................................. 48 ARTICLE 20 – NON-DISCRIMINATION .................................................... 48 ARTICLE 21 – RECRUITMENT AND SELECTION PROCESS...................... 48 21.1. Posting of Vacancies ............................................................. 48 21.2. Selection Process .................................................................. 49 21.3. Eligible Candidate Pool ......................................................... 50 21.4. Promotional Opportunities ................................................... 50 ARTICLE 22 – PROBATIONARY PERIOD .................................................. 51 22.1. 12-Month Probationary Period ............................................. 51 AFSCME, Local 2170 Contract 2019 – 2020 Page 7 22.2. 6-Month Probationary Period ............................................... 51 ARTICLE 23 – GRIEVANCE PROCEDURE ................................................. 52 23.1. Definition .............................................................................. 52 23.2. Grievance Process ................................................................. 52 23.3. Employer Grievance .............................................................. 55 23.4. Grievance Documentation .................................................... 55 23.5. Grievance Timelines .............................................................. 55 ARTICLE 24 – HEALTH, SAFETY AND PRODUCTIVITY.............................. 56 24.1. Quality and Safety of Work ................................................... 56 24.2. Working Conditions .............................................................. 56 24.3. Rain Gear .............................................................................. 57 24.4. Custodial Services ................................................................. 57 24.5. Safety Shoes ......................................................................... 57 ARTICLE 25 – SAVINGS CLAUSE ............................................................. 59 ARTICLE 26 – ENTIRE AGREEMENT ........................................................ 60 ARTICLE 27 – PRIORITY OF FEDERAL, STATE AND CITY LAWS ................ 60 ARTICLE 28 – VOLUNTEERS ................................................................... 61 ARTICLE 29 – DISCIPLINE ....................................................................... 61 29.1 Discipline .............................................................................. 61 29.2 Demotion .............................................................................. 62 ARTICLE 30 – LEAVE DONATION ............................................................ 62 ARTICLE 31 – LAYOFF AND RECALL ........................................................ 63 AFSCME, Local 2170 Contract 2019 – 2020 Page 8 31.1. Layoff and Recall ................................................................... 63 31.2. Definitions ............................................................................ 63 31.3. Departmental Review ........................................................... 66 31.4. Human Resources Risk Management Review ....................... 66 31.5. Notice of Layoff .................................................................... 68 31.6. Bumping Rights ..................................................................... 68 31.7. Recall Rights .......................................................................... 69 ARTICLE 32 – FINGERPRINTING ............................................................. 73 32.1. Fingerprint Check Requirements ......................................... 73 32.2. Fingerprint Check Passed ..................................................... 73 32.3. Fingerprint Check Failed ...................................................... 73 32.4. Right of Appeal ..................................................................... 74 32.5 Document Destruction ......................................................... 74 ARTICLE 33 – DURATION OF AGREEMENT ............................................ 75 APPENDIX A: AFSCME Classifications in Alphabetical Order (with Job Grades) ................................................................................................. 77 APPENDIX B: Salary Indexes for 2019 .................................................... 79 APPENDIX C: Commercial Driver’s License (CDL) Deep Dive Review ..... 88 APPENDIX D: Telework Reopener ......................................................... 89 APPENDIX E: Safety Leave Reopener .................................................... 90 APPENDIX F: Paid Family Leave ............................................................. 91 APPENDIX G: Index ................................................................................ 92 AFSCME, Local 2170 Contract 2019 – 2020 Page 9 PREAMBLE This Agreement is between the City of Renton (hereinafter called the Employer) and Local 2170, Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the Employer recognizes the Union as the exclusive collective bargaining representative. The Employer and the Union shall cooperate to provide the public with efficient, cost-effective, and courteous delivery of public services, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. The parties will work together to address and adapt to the inevitable issues of change, to devise varying methods and work procedures adapted to the changing circumstances of their particular areas of responsibilities. ARTICLE 1 – RECOGNITION AND BARGAINING UNIT 1.1. Union Recognized Pursuant to RCW 41.56.060 the Employer hereby recognizes the Washington State Council of County and City Employees/ AFSCME Council 2 and its affiliated local (hereafter Union) as the exclusive bargaining representative for all limited term, probationary and regular Renton City employees in those classifications listed in Appendix A. AFSCME, Local 2170 Contract 2019 – 2020 Page 10 Limited term employees have all rights under this contract with the exception of bumping (see City Policy #330-11, dated 10/15/2005). If a limited term position is converted to a regular position, the incumbent shall remain in the position and shall be converted as well (and will be eligible for bumping rights). A limited term employee shall have their time in the limited term position count toward their overall classification and City seniority. A regular employee who applies for and is appointed to a limited term position shall have the right to return to their previous classification should the limited term position not be converted to regular status and there is a vacant position available in their previous classification. All employees of the Employer in classifications covered by this Agreement are eligible to be members of the Union. 1.2. Temporary/Supplemental Employees The City shall not combine or overlap temporary/supplemental employees in such a way as to create the equivalent of a regular position, or avoid the time constraints set herein. In the case of layoffs, Temporary/ Supplemental employees may not be hired to perform bargaining unit work in work units where layoffs have occurred while there is an active recall list. The City will issue a quarterly report listing all actively employed supplemental employees utilized by the City at the time the report is generated. This report will be issued quarterly beginning October AFSCME, Local 2170 Contract 2019 – 2020 Page 11 1, 2019 or if the 1st falls on a holiday, within 4 days following the holiday. 1.2.1 Non Seasonal Temporary/Supplemental Employees- When filling a known vacancy of an AFSCME represented position, Temporary/Supplemental employees shall be employees hired directly by the City or through an agency contracted with the City. Such employees shall be employed no more than the equivalent of six (6) months (182 consecutive days) in a rolling 12-month period. Overtime shall be offered to regular employees prior to temporary employees being utilized, unless no qualified regular employees are available. The City will notify the Union prior to the use or hiring of a supplemental or temporary employee under this clause. It is understood that the use of Temporary/Supplemental employees as provided for in this section shall not be deemed as supplanting bargaining unit work. 1.2.2 Seasonal Temporary/ Supplemental Employees- It is understood that the use of seasonal employees as provided for in this section shall not be deemed as supplanting bargaining unit work. Effective July 1, 2019 seasonal employees performing work limited to the following positions will not work longer than 6 months (182 consecutive days) in a calendar year. In 2020 onward, the seasonal period is set as being between April 1 and October 31: • Custodial Assistant • Golf Course Laborer and Pro-Shop AFSCME, Local 2170 Contract 2019 – 2020 Page 12 • Parks Laborer • Transportation Laborer 1.2.3 Interns- Use of Interns performing bargaining unit work citywide is limited to one-year terms of employment, and each intern shall not work longer than 1,040 hours during that year. The employment year for interns will be measured from the date of hire forward. Hiring of interns is done within City guidelines. The City will notify the Union of internship descriptions involving bargaining unit work. Interns must be enrolled in school and assisting, not supplanting, bargaining unit work. 1.3. Excluded Positions The Union recognizes the following positions as being excluded from the represented classifications listed in Appendix A: 1.3.1. All positions in the Human Resources & Risk Management Department. 1.3.2. All clerical or secretarial positions designated as “confidential” in each department. Only one “confidential” designation will be allowed in each department. 1.4. New Positions Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City will create the classification. The salary for any new classification within the bargaining unit shall be subject to AFSCME, Local 2170 Contract 2019 – 2020 Page 13 negotiations. The Union shall be notified of any newly created classifications in the City, which are not recognized by other bargaining units, including the City’s initial determination regarding bargaining unit status. Disagreements regarding the appropriateness of their inclusion or exclusion from the bargaining unit will be referred to the Public Employment Relations Commission for resolution. 1.5. Executive Board Meetings The Union will provide a calendar of all regularly scheduled Executive Board meetings for the next calendar year in December of the preceding year to the Human Resources & Risk Management Administrator. 1.6. Job Classification Changes Changes to existing position classifications and position descriptions shall be provided to the Union president and secretary ten (10) working days prior to the next regularly scheduled Executive Board meeting. The Union shall respond to the changes, in writing, within ten (10) working days of the meeting, unless an extension is mutually agreed upon. If the Union’s written response is not provided within the timeframe above, management may move forward with the changes that have been submitted. 1.7. Reclassification Reviews An employee may request a position review for proper classification placement when the employee believes that there has been significant change in duties and responsibilities of the position. Reclassification reviews will be done in accordance with AFSCME, Local 2170 Contract 2019 – 2020 Page 14 City Policy #320-05 (Request for Reclassification), as established July 7, 2009, to the extent that such does not conflict with the agreement. A Position Description Questionnaire (PDQ) form must be fully completed and requires review by the employee’s supervisor, the Division Director and the Department Administrator. A market study will be conducted by HRRM staff as part of the reclassification process for those positions that meet the definition for requiring a reclassification. The deadline for submittal of the PDQ to the employee’s supervisor is May 1. The Department shall forward the request to the Human Resources Department within 30 days of the initial request. If the Department does not forward the request within 30 days, the employee may submit the request directly to the Human Resources Department to ensure the submission deadline is met. The Human Resources Department will notify the employee within seven (7) working days of the receipt of the request. Requests submitted to Human Resources by the July 1 deadline and subsequently approved shall be included in the following year’s budget. Those approved by the City Council shall have an effective date of January 1 of that budget year. Any delays in the reclassification process shall not affect the implementation date and all pay shall be retroactive to January 1 of that budget year. Any appeals will be reviewed by the Human Resources and Risk Management Administrator for a final decision. Human Resources will meet with the Union regarding salary placement of any revised position(s). AFSCME, Local 2170 Contract 2019 – 2020 Page 15 Once a request to reclassify a position has been submitted and reviewed, no further consideration will be given to reclassifying the position for a twenty-four (24) month period following submission. ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION 2.1. Payroll Deduction The Employer agrees to deduct from the paycheck of each employee, who has so authorized it in writing, the regular monthly dues uniformly required of members of the Union. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved. Employees may cancel their payroll deduction by written notice to the Union in accordance with the terms and conditions of their signed payroll authorization card. The Union will provide timely notice to the City of the cancellation of their dues authorization by a bargaining unit member. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll, after the City’s receipt of notice of cancellation from the Union. Authorizations for Payroll Deduction are valid whether executed in paper form or electronically. The Employer shall provide to the Union monthly a complete list of all bargaining unit members that includes employee name, home address, job title, hire date into current bargaining unit, monthly salary, hourly wage, and whether the employee has authorized the deduction of Union dues. The Union may change the fixed dollar amount, which will be the regular monthly dues, once each calendar year during the life of AFSCME, Local 2170 Contract 2019 – 2020 Page 16 this agreement. The Union will give the City thirty (30) calendar days’ notice of any such change in the amount of uniform dues to be deducted. 2.2. PAC Program The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE 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 City will allow AFSCME, Local 2170 the option to have funds deducted from member’s paychecks twelve (12) times annually to allow contributions to the AFSCME PAC program. The City will send a check once a month to Washington State Council of County and City Employees, AFSCME Council 2. The Employer agrees to remit any deductions made pursuant to this provision to the Union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. 2.3. Hold Harmless Agreement The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any actions by the Employer in administering recognition, union membership and dues deduction. 2.4. Refunds The Union agrees to refund to the Employee any amounts paid to it in error upon presentation of proper evidence thereof. AFSCME, Local 2170 Contract 2019 – 2020 Page 17 2.5. New Employees The Employer will furnish to the Local Union Treasurer the names of all new employees in the bargaining unit as specified in Article 1, Section 1.1, within five (5) working days of hire. Newly hired employees shall be granted 30 minutes to meet with their Steward or another officer of the Union. 2.6. Union Officer List The Union agrees to furnish the Employer with a list of Union Officers and Shop Stewards and to maintain such list in a current status. ARTICLE 3 – HOURS OF WORK 3.1. Work Week The work week shall consist of seven (7) days beginning immediately after 12:00 midnight on Saturday and ending at 12:00 midnight the following Saturday. The regular work week shall consist of forty (40) hours, exclusive of lunch, within the work week. Exceptions to this shall be alternative work schedules, and work weeks which, when utilized, shall be reduced to writing and signed off by the Employer, employee and the Union. The City or the employee may discontinue alternative/flex work schedules and work weeks in accordance with Article 3, Section 3.3.3. Discontinuation of alternative/flex work schedules shall not require the approval of the Union. AFSCME, Local 2170 Contract 2019 – 2020 Page 18 3.2. Work Day A regular workday shall consist of not more than ten (10) hours, exclusive of lunch, unless otherwise provided for through an agreed upon alternative work schedule. 3.3. Work Schedules 3.3.1. Normal Work Week – The normal work week shall be five (5) consecutive days of not more than eight (8) hours per day, Monday through Friday, exclusive of the lunch period, except where the work day or work week is different and accepted as a condition of employment or mutually agreed upon in writing between the Union, employee and the Employer. 3.3.2. Flextime and Alternative Work Schedules – Employees may work flex-time or alternative work schedules, with prior supervisory approval. Flexible work schedules shall be mutually agreed upon between the Employer and the employee. All flex-time and alternative work schedules shall be reduced to writing and signed off by the Employer, employee and the Union. Flex-time schedules, by example only, shall be schedules that provide for daily or weekly adjustable work hours. Alternative work schedules, by example only, shall be schedules that allow for schedules other than 5 consecutive days (Monday through Friday) of 8 hours work. 3.3.3. Schedule Changes – Work schedule changes may be initiated by the Employer or the employee. When AFSCME, Local 2170 Contract 2019 – 2020 Page 19 schedule changes of thirty (30) days or more are initiated by the Employer, employees will receive written notice of the change thirty (30) calendar days prior to the effective date of the change. Except in emergency situations and situations that are unforeseen or unanticipated, employees will receive written notice a minimum of two working days before all other schedule changes initiated by the Employer. If written notice is not received as outlined herein the employee shall receive pay at one and one-half (1½) times their normal hourly rate for the first shift worked on the new schedule. The City will not manipulate work schedules for the sole purpose of avoiding the payment of overtime. Work schedule changes initiated by the employee may take place immediately with the concurrence of the supervisor, provided that the change does not create an undue hardship in the department or disservice to the public. 3.3.4. Consecutive Hours Worked – Employees shall not work more than sixteen (16) consecutive hours during any consecutive twenty-four (24) hour period. 3.4. Meal and Rest Periods 3.4.1. Meal Period – There shall be an unpaid meal period of not less than one-half (1/2) hour nor more than one (1) hour during the regular workday. If an employee is required to work two (2) or more hours beyond his or her regular work day the employee shall be entitled to AFSCME, Local 2170 Contract 2019 – 2020 Page 20 an additional paid meal period of one-half (1/2) hour. For each additional four (4) hour overtime increment beyond the two (2) hours, the employee shall receive an additional meal period of one-half (1/2) hour. If the Employer furnishes meals, the employee shall eat them on his or her own time. Whenever possible the meal period shall be scheduled near the middle of the workday. 3.4.2. Rest Period – Except in emergency situations, there shall be one fifteen (15) minute rest period during each four (4) hour period of the workday whenever feasible. Emergency situations are defined as situations where injury to persons, loss of life and/or serious public or private property damage are possible. 3.5. Clean-Up Time Employees whose work requires personal clean-up prior to leaving the Employer’s premises or job site shall be allowed necessary time for doing so prior to meal breaks, not to exceed five (5) minutes, and the end of the shift, not to exceed ten (10) minutes. Work schedules shall be arranged so employees may take advantage of this provision where it is applicable. AFSCME, Local 2170 Contract 2019 – 2020 Page 21 ARTICLE 4 –OVERTIME 4.1. Overtime 4.1.1. Allocation of Overtime – The Employer shall determine when and by whom overtime will be worked. Whenever feasible, the Employer will request volunteers from among the employees with the requisite skills to perform the work, before requiring employees to work overtime. Overtime opportunities will be allocated as equally as possible among employees within a work unit. 4.1.2. Overtime Rate – Except as otherwise provided in this Article, all hours worked in excess of the employee’s scheduled workday, when worked upon the direction or approval of the employee’s supervisor, shall be paid at the rate of one and one-half (1½) times the employee’s straight-time hourly rate or compensated by granting one and one-half (1½) times the number of excess hours worked as compensatory time. Overtime shall be based on compensated hours and in accordance with FLSA regulations. The employee shall make his or her choice (overtime pay or compensatory time) known to his or her supervisor not later than the end of the work week in which the work was performed. 4.1.3. Compensatory Time – Compensatory time off, when granted, shall be at a time convenient to the employee and consistent with the operating needs of the AFSCME, Local 2170 Contract 2019 – 2020 Page 22 Employer. Compensatory time off shall be taken under this Article as required by the Fair Labor Standards Act, if such continues to be applicable to local government employees. Compensatory time banks shall not exceed one hundred (100) hours. Employees may cash out compensatory time during any pay period throughout the calendar year. Any compensatory time over forty (40) hours as of December 31 will be automatically cashed out at the employee’s regular rate of pay and paid on the January 10 paycheck. Employees with forty (40) hours or less shall be allowed to carry over the time into the following year. 4.1.4. Computing Overtime – The nearest one-quarter (1/4) hour shall be used in computing overtime. 4.1.5. Meeting Attendance Outside of Normal Work Schedule – With supervisory approval, each employee that is required to attend a meeting on their normally scheduled workday before or after their regularly scheduled shift shall be allowed to modify their schedule during the work week of the meeting so that the work week does not exceed their regularly scheduled hours. This Section does not prohibit employees that modify their time, as above, from receiving overtime as otherwise provided in this Article for hours worked outside of their normally scheduled work day that fall on non-modified days. AFSCME, Local 2170 Contract 2019 – 2020 Page 23 4.1.6. Extended Overtime– Employees required to work on a regularly scheduled day off shall be paid at the rate of time and one-half (1 ½) for the first twelve (12) hours and the rate of two times (2x) their regular rate of pay, consistent with Section 4.3 below, for any hours worked in excess of twelve (12) hours. Employees required to work on a second consecutive day shall be paid at two (2) times their regular rate of pay for all hours worked. If during the workweek, a half day (or more) of holiday, vacation, sick leave and comp-time are taken, this does not count as paid work when determining the consecutive days for purposes of double time. 4.2. Call-back Pay Call-back shall be defined as all time worked in excess of a scheduled shift, which is not an extension of that shift, and is unanticipated, unforeseen, and not a regular function of the employee’s work schedule. “Unanticipated, unforeseen” shall include, but not be limited to, work that is performed where the employee has been notified after the conclusion of their regular work day and the work is performed prior to the start of their next regular work day. Employees who are required to report to the work site or the field shall be paid a minimum of two (2) hours at a rate of two times (2x) their regular hourly rate of pay, starting from the time they answer the phone through the time they return home (portal to portal). Employees who are not required to report to the work site or field but can address the issue(s) from home shall be paid for one (1) AFSCME, Local 2170 Contract 2019 – 2020 Page 24 hour of work at two times (2x) their regular hourly rate so long as the time is spent working and not merely informational, i.e., schedule change. Employees who qualify for the one (1) hour call back pay shall not be subject to the provisions of paragraph 4.5 of this Article regarding the suspension of standby pay. Employees who work more than one (1) hour without reporting to the worksite or field shall be paid at (2x) their regular hourly rate for all hours worked at home and will be subject to the provisions of paragraph 4.5 of this Article regarding the suspension of standby pay. Recreation staff involved in conducting scheduled recreation programs/events shall be excluded from this provision. Employees who must attend regularly scheduled meetings after their normal work hours shall be paid a one (1) hour minimum at the time and one-half (1½) rate. 4.3. Extended Overtime Employees required to work more than four (4) hours beyond the end of their scheduled workshift shall be paid at two times (2x) their regular rate of pay for all time worked beyond the first four hours of overtime. 4.4. Shift Differential A shift differential of $1.00 shall be paid for all hours worked by an employee when fifty percent (50%) of his or her regular workday is between 12:00 midnight and 8:00 a.m. When such shift is requested by the employee and approved by the Employer, this provision shall not apply. AFSCME, Local 2170 Contract 2019 – 2020 Page 25 4.5. Standby The Employer reserves the right to establish a standby program. Based on service needs, each department may establish a roster of qualified personnel who would be available for callback during an emergency situation. Personnel identified as on standby shall be required to carry a cell phone or other device and be able to respond immediately to callback situations without restrictions or impairments. Employees on standby shall receive standby pay as follows: Starting with the first full pay period following ratification and adoption of the successor agreement standby pay shall be paid at $2.90 per hour. Standby allowance shall be suspended upon callback and the provisions of Section 4.2 of this Article shall prevail. Standby periods shall be determined by the Employer. Standby pay is not available during the employee’s regular work hours. Management reserves the right to transfer the standby assignment when the employee is unavailable for their standby assignment. Qualified personnel shall be determined by the Employer and assigned by on a rotational basis. Every effort will be made to establish the roster on a volunteer basis. If insufficient volunteers exist, placement on the roster shall be mandatory. 4.6. Uniform Allowance The City of Renton shall furnish standard clothing of the City’s choice and design to all field staff in the Maintenance Services and Transportation Maintenance Divisions of Public Works. Eligible staff in these divisions shall have an allowance of $300 per calendar year to purchase any combination of the following items: AFSCME, Local 2170 Contract 2019 – 2020 Page 26 T-Shirts Long Sleeve Button Down Shirt Long Sleeve T-Shirts Long Jeans** Sweat Shirts (1) Stocking Cap Collared Shirt ** The purchase of long jeans must not exceed $150. A newly hired employee will be able to access this $300 clothing allowance upon hire. Clothing damaged or contaminated on-duty shall be cleaned or replaced at the City’s discretion, however the City will not exceed $175 in replacement costs per employee, per calendar year. The City of Renton shall furnish standard clothing of the City’s choice and design to the Court Security Officer to include: (5) Shirts with Court Security language and name (1) Light-Weight Jacket with Court Security language and name (3) Pairs of Black pants Clothing will be replaced once per year or as needed for the Court Security Officer. All clothing items bearing a Renton insignia and in the employee’s possession remain the property of the City and must be returned AFSCME, Local 2170 Contract 2019 – 2020 Page 27 when leaving employment with the City. If the insignia-bearing items are not returned by the employee, the employee will be subject to a pro rata deduction of the current year’s utilized benefit (not to exceed $300) from the employee’s final paycheck. 4.7. Acting Pay When an employee is asked to assume the duties of a position at a higher salary grade on a temporary basis, the employee shall receive a premium equal to five percent (5%) of their base salary, provided the temporary promotion will extend for at least fifteen (15) calendar days. ARTICLE 5 – SICK LEAVE 5.1. Sick Leave Accrual Sick leave is available when an employee is absent as a result of personal illness or injury, or when medically necessary to care for the employee’s child, parent, parent-in-law, spouse, domestic partner or a domestic partner’s child, and grandparent, as provided by the Family Care Act of Washington (FCA), WAC 296-130, and/or the Family and Medical Leave Act (FMLA), the Washington State Family Leave Act (FLA), or any qualified FMLA covered reason. 5.1.1. Upon employment, new full time employees shall receive twenty-four (24) hours sick leave. At the end of the first three months of full time employment an additional twenty-four (24) hours sick leave shall be granted. At the completion of six full months of employment, employees shall accrue sick leave at the rate of eight (8) hours per month. Employees who AFSCME, Local 2170 Contract 2019 – 2020 Page 28 resign or are terminated prior to completing six full months of employment shall reimburse the Employer for any used but unearned sick leave. 5.1.2. Sick leave accrual shall be prorated based on the employee’s regularly scheduled weekly hours of work, divided by 40. 5.1.3. Employees shall be allowed to use sick leave in increments of fifteen (15) minutes. 5.2. Sick Leave Cash Out For employees hired before January 1, 1994, cash payment of accrued, unused sick leave shall be made upon a PERS I employee’s resignation, retirement, discharge (unless discharge is a result of the employee’s conviction of any criminal statutes relating to or connected with his/her employment), or death. Such payment shall be limited to 50% of accumulated but unused sick leave, to a maximum of 960 hours. In the event of death, payment shall be made to the estate of the employee. Employees hired on or after January 1, 1994, shall not be eligible for cash out of any accrued but unused sick leave. 5.3. Long Term Disability Plan All employees will be enrolled in an Employer-sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of 90 calendar days. If an LTD claim is approved by the carrier, employees will be permitted to use any accrued leave balance they have at 40%, bringing the combination of the LTD benefit and accrued leave payment to 100% of their pre- AFSCME, Local 2170 Contract 2019 – 2020 Page 29 disability earnings. The Employer will pay the premiums necessary to fund the benefits of the plan. 5.4. Notification Requirements 5.4.1. Sick leave may be taken in lieu of vacation time whenever an employee is on vacation and becomes sick or hospitalized. A doctor’s certificate of the illness must be furnished by the employee in a timely manner to substantiate such sickness or disability. This exchange will not alter the employee’s scheduled vacation except by mutual agreement with the Employer. 5.4.2. The Employer may require a signed statement from the employee’s Health Care Provider for absences of three (3) days or longer or if the City reasonably suspects sick leave abuse. 5.4.3. An employee who will be out on sick leave must notify his or her immediate supervisor or other designated person of the absence prior to the start of said leave, or as soon as possible. 5.5. Abuse of Sick Leave Use of sick leave is restricted to the purposes set forth in Section 5.1 of this Article. Employees found to be abusing sick leave privileges shall be subject to disciplinary action, pursuant to Article 16, Section 16.3. ARTICLE 6 – HOLIDAYS Employees shall receive holidays in accord with the following: AFSCME, Local 2170 Contract 2019 – 2020 Page 30 6.1. Observed Holidays The following days shall be observed as legal holidays: 6.1.1. January 1 (New Year’s Day) 6.1.2. Third Monday in January (Martin Luther King, Jr. Day) 6.1.3. Last Monday in May (Memorial Day) 6.1.4. July 4 (Independence Day) 6.1.5. 1st Monday in September (Labor Day) 6.1.6. November 11 (Veterans’ Day) 6.1.7. 4th Thursday in November (Thanksgiving) 6.1.8. 4th Friday in November (day after Thanksgiving) 6.1.9. December 25 (Christmas Day) 6.1.10. The day before Christmas shall be a holiday for employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday, or Thursday. When Christmas day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 6.1.11. Two personal holidays of employee’s choice. Existing employees will be eligible for the two (2) personal holidays from the beginning of the year. Upon employment, new employees will be eligible for one (1) day (8 hours) of personal holiday to use. After being employed for six (6) months, the employee will AFSCME, Local 2170 Contract 2019 – 2020 Page 31 be eligible for the second day (8 hours) of personal holiday to use. Except, if the employee begins employment on/or after July 1st, they will not be eligible for the second personal holiday in that year. 6.1.12. Any other day proclaimed by the Governor for all political subdivisions of the State; or by the Mayor of the City. 6.2. Holiday Pay 6.2.1. Working on Holidays - Holiday situations are as follows: 6.2.1.1. For employees working on an observed holiday, the observed holiday shall be considered the holiday. 6.2.1.2. For employees working on an actual holiday but not the observed holiday, the actual holiday shall be considered the holiday. 6.2.1.3. For employees working on both the actual holiday and the observed holiday, only the actual holiday shall be considered a holiday. 6.2.2. Pay Rates for Working on Holidays: Employees scheduled to work in one of the three (3) situations listed above shall receive one and one-half (1½) times their regular rate of pay for all hours worked on the holiday and the employee shall be permitted to: 6.2.2.1. Schedule an alternate day off within the same calendar year (up to eight (8) hours) with prior AFSCME, Local 2170 Contract 2019 – 2020 Page 32 approval from his or her supervisor which does not cause significant operational disruption for the department; or 6.2.2.2. Receive up to eight (8) hours holiday pay for that holiday worked. 6.2.3. The decision to grant holiday pay or a compensatory day off shall be determined in advance. 6.2.4. Employees scheduled in advance to work on a holiday shall be scheduled for a minimum of four (4) hours. 6.3. Holidays Falling on Scheduled Day Off Whenever the actual holiday or the observed holiday falls on an employee’s regularly scheduled day off, the employee shall be allowed to use eight (8) hours, in one (1) hour increments, at anytime before the end of the year. If both the actual holiday and the observed holiday occur on regularly scheduled days off the employee shall be granted only eight (8) hours off with pay. Unused holidays granted under this provision shall have no cash value. 6.4. Holidays Falling on Weekends When a holiday falls on a Saturday, the preceding Friday shall be observed as the Holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. For employees regularly scheduled Saturday and/or Sunday, holidays shall be observed on the actual holidays. If an employee is scheduled to work on both an observed holiday and the actual holiday, they will be compensated as described in Section 6.2 of this Article. AFSCME, Local 2170 Contract 2019 – 2020 Page 33 6.5 Regular Part-time All regular part-time employees subject to the provisions of this Agreement shall receive holiday leave at a pro-rated amount based on the number of hours scheduled in their work week divided by forty (40) hours. 6.6. Personal Holiday Use/Cash Out Personal Holiday hours may be used in 15 minute increments. Personal Holiday hours not used by the employee by December 31 will be cashed out at the employee’s hourly base rate for that same year, and paid on the January 10 pay check. Eligible Personal Holiday hours not used by the employee at time of employment separation for any reason will be cashed out at the employee’s current hourly base rate and paid in the employee’s final paycheck. ARTICLE 7 – VACATIONS 7.1. Accrual Rate The following vacation benefits shall be provided: Length of Service Days per Year Hours per Pay Period Hours per Year 0 through 5 years 12 4 96 6 through 10 years 18 6 144 11 through 15 years 21 7 168 16 through 20 years 24 8 192 21 and subsequent years 27 9 216 AFSCME, Local 2170 Contract 2019 – 2020 Page 34 7.1.1 Regular part-time employees subject to the provisions of this Agreement shall be provided vacation benefits at a pro-rated amount based on the number of hours scheduled in their workweek divided by forty (40) hours. 7.1.2 Employees may use accrued vacation leave in increments of fifteen (15) minutes. 7.2. Maximum Vacation Accumulation The maximum accumulation of vacation time for an employee shall not exceed twice the current annual accrual limit as provided in above Section 7.1. 7.3. Vacation Requests Requests for vacation leave are subject to supervisory approval. Except in emergency situations, requests for vacation leave shall be submitted in writing, at least the workday prior to the requested time off. Vacation requests shall be responded to within one week unless submitted less than two weeks in advance. For vacation requests submitted less than two weeks in advance, a response within one working day after receipt is required. 7.4 Cash Out Upon Separation Vacation accrued but unused during the term of the employee’s employment with the city will be cashed out at the employee’s hourly base rate at the time the employee separates from city employment. AFSCME, Local 2170 Contract 2019 – 2020 Page 35 ARTICLE 8 – BEREAVEMENT LEAVE Up to three days with pay shall be given to employees for each instance of a death of the employee’s mother, father, step-parent, legal guardian, spouse/domestic partner, child, stepchild, child of a domestic partner, mother-in-law, father-in-law, sister, brother, brother-in-law, sister-in-law, grandchild, or grandparents. The number of hours of bereavement leave allowed regular part-time employees covered by this Agreement shall be adjusted to reflect the number of scheduled hours in their workweek. All requests for extended bereavement leave shall be approved by the Department Administrator in advance. Employees may use accrued vacation, compensatory time, and/or personal holiday hours to cover extended bereavement leave. Sick leave may be used if all other leave banks are exhausted. ARTICLE 9 – INSURANCES Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employee’s Healthcare Plan. AFSCME, Local 2170 Contract 2019 – 2020 Page 36 Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employees’ Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. 9.1. Health Insurance 9.1.1. Participation - The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 9.1.2. Plan Coverage - The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. AFSCME, Local 2170 Contract 2019 – 2020 Page 37 9.1.3. Premiums - For the calendar years 2019 through calendar year 2020, the total cost of the plan shall be divided as follows: YEAR CITY EMPLOYEES 2019 92% 8% 2020 91% 9% Employee premiums will be based upon the following categories: • Employee • Employee/1 • Employee/2+ • Employee/Spouse or Domestic Partner • Employee/Spouse or Domestic Partner/1 • Employee/Spouse or Domestic Partner/2+ 9.1.4. Projected Costs –The plan contributions shall be calculated by the percentage of actual plan cost increase that occurred in the previous year and based on consideration of Actuarial projections. The year in review shall be from July 1st to June 30th. 9.1.5. Alternative Plan Coverage – City contributions for the alternative plan will be at the same cost share percentage as the self-funded plan capped at the dollar amount contributed to the self-funded plan. 9.1.6. Renton Employees’ Healthcare Board of Trustees – The REHBT includes members from each participating AFSCME, Local 2170 Contract 2019 – 2020 Page 38 Union. Each union will have a maximum of one (1) vote, i.e. the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME – 2170; Police Guild; and the City for a total of three (3) votes. 9.1.7. Plan Changes – The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 9.1.8. Voting – Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 9.1.9. Surplus – Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. 9.2 Cadillac Tax If by 2022 the Cadillac Tax required by the Affordable Care Act is still in effect and will require additional funding of the Renton Employees’ Healthcare Plan, the parties agree to meet and AFSCME, Local 2170 Contract 2019 – 2020 Page 39 negotiate changes to the plan in such a way as to address the impacts of the Cadillac Tax. 9.3. Life Insurance The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary plus longevity, rounded to the nearest $1,000 including double indemnity and limited to a maximum benefit of $50,000. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. 9.4. Federal/State Healthcare Options In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. 9.5. COBRA When an employee or dependents health care benefits ceases based on a qualifying event, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA). ARTICLE 10 – JURY DUTY When an employee is called for jury duty, or is subpoenaed as a witness in any litigation/administrative hearing process in which the employee is not a party, such time shall be considered as time worked and paid at the appropriate salary level of the employee. Employees shall be required to give reasonable advance notice of such subpoena or other legal requirement to appear and provide AFSCME, Local 2170 Contract 2019 – 2020 Page 40 the City with a copy of the subpoena or other legal document requiring the employee’s presence. The copy of the subpoena or legal document will be given to the City in advance of the hearing or jury duty or if that is not possible, then the copy must be furnished within 72 hours after the hearing or jury duty date. All monies received as witness or jury fees must be signed over to the City excluding any mileage/expense reimbursements. Employees will be required to call their supervisor when less than a normal workday is required by jury or witness duty. The supervisor shall determine if the employee shall be required to report to work and shall take into consideration the travel time of the employee. ARTICLE 11 – EDUCATION AND CONFERENCE 11.1. Time Off and Financial Reimbursement Employees will be granted reasonable amounts of time off and financial reimbursement for attending training programs whenever such training is work-related and attendance is required by the Employer. 11.2. Valid Business Expenses Employees who conduct authorized, official City business or participate in conferences as official representatives of the Employer while outside the City shall be reimbursed for all valid business expenses. 11.3. Access to Training The Employer is committed to the principle of training for all employees. Whenever feasible, training shall be made available for AFSCME, Local 2170 Contract 2019 – 2020 Page 41 each employee within a classification within a division to prepare them to perform all the job duties associated with that classification. Equal access to training opportunities to the extent that operational requirements permit shall be provided. ARTICLE 12 – SALARIES 12.1. Salaries 12.1.1. Effective January 1, 2019, wages shall be increased by 3.5% over the base wages of 2018. Retro activity will be paid no later than the October 25th, 2019 paycheck for those AFSCME represented bargaining unit employees actively employed as of June 21, 2019. 12.1.2. Effective July 1, 2019, wages shall be increased by 3.75% over the base wages of 2018. 12.1.3. Effective January 1, 2020, wages shall be increased by 3.25% over the base wages of 2019. 12.1.4. Effective July 1, 2020, wages shall be increased by 3.5% over the base wages of 2019. 12.2. Step Increases All anniversary step increases shall begin being paid upon the payday following the anniversary date and thereafter during the life of this Agreement. There is no acceleration of steps. AFSCME, Local 2170 Contract 2019 – 2020 Page 42 ARTICLE 13 - LONGEVITY 13.1. Longevity Pay Calculation Effective June 1, 2019 employees shall receive monthly longevity pay in accordance with the following scale: Years of Service 5 years 2.0% of the monthly Grade a14, step E 10 years 3.0 % of the monthly Grade a14, step E 15 years 4.0% of the monthly Grade a14, step E 20 years 5.0% of the monthly Grade a14, step E 25 years 6.0% of the monthly Grade a14, step E 30 years 7.0% of the monthly Grade a14, step E Regular part-time employees covered by this Agreement shall receive a pro-rated amount of this scale based on the number of hours scheduled in their workweek. 13.2. Longevity Pay Date Longevity will be paid as follows based on adjusted service date: • If the employee’s Adjusted Service Date is on or between the 1st and the 15th, the employee will receive their longevity allowances on the 25th of that month. • If the employee’s Adjusted Service Date is on or between the 16th and the 31st, the employee will receive their longevity allowances on the 10th of the next month. AFSCME, Local 2170 Contract 2019 – 2020 Page 43 ARTICLE 14 – DEFERRED COMPENSATION The Employer shall make a deposit equal to four percent (4%) of each eligible employee’s base wage into a deferred compensation account selected by the employee from the accounts provided by the City, each pay period. ARTICLE 15 – PAY PERIOD Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. All employees will participate in payroll direct deposit. The employer will provide computer stations in convenient work locations to enable employees to access and print their electronic pay stubs during working hours. ARTICLE 16 – MANAGEMENT RIGHTS Subject only to the limitations expressly stated in this Agreement, the Union recognizes the prerogative of the Employer to operate and manage its affairs in accord with its responsibilities, powers, and authority, including but not limited to the following: 16.1. The right to establish reasonable work rules. 16.2. The right to schedule overtime in a manner most advantageous to the Employer. AFSCME, Local 2170 Contract 2019 – 2020 Page 44 16.3. The right to discipline and/or discharge employees for just cause. 16.4. The right to determine work schedules, to establish the methods and processes by which work is to be performed and the number of employees necessary to perform the work. 16.5. The right to assign work and determine the duties performed by employees in classifications included in the bargaining unit. 16.6. The employer shall retain the right to determine whether layoffs are necessary and in which departments, divisions, and classifications they will occur. Further, it is understood by both parties that every incidental duty connected with operations enumerated in a job classification is not always specifically described. ARTICLE 17 – UNION ACTIVITIES 17.1. Paid Release Time With prior notice, the Employer will grant employees who are Union officials, or members who are appointed to a joint management committee, reasonable time off with pay for the purpose of attending scheduled meetings with City officials. Additionally, members may have 30 minutes prior to the meeting to prepare and 30 minutes after the meeting to debrief. The Shop Steward or alternate Shop Steward and/or one Union official will be granted reasonable time off with pay by the immediate AFSCME, Local 2170 Contract 2019 – 2020 Page 45 supervisor to investigate grievances. Notwithstanding the above, only two employees per work section shall be released to attend Union meetings during the workday and must code their time as union business. 17.2. Facility Access The designated Staff Representative of the Union shall be allowed access at all reasonable times to all facilities of the Employer wherein the employees covered under this contract may be working. Access shall be granted for the purpose of conducting necessary official local Union business and investigating grievances; provided there is minimal interruption to normal work processes. 17.3. Union Communication The Employer shall permit the reasonable use of bulletin boards, e- mail, and interoffice mail by the Union for the posting of notices or communications relating to official Union business. 17.4. Training Time Union officials may request reasonable time off with pay to attend training that is beneficial to both labor and management. Approval will be at the discretion of the employee’s Department Administrator or designee for the scheduling of time, the appropriateness of the leave shall be at the discretion of the Human Resources Department. 17.5. Negotiations Six (6) members of the Union shall be granted paid release time to participate in negotiations occurring during their normally AFSCME, Local 2170 Contract 2019 – 2020 Page 46 scheduled work hours. The Union agrees that a bargaining team that is as broadly representative as possible of the various work sites, departments, classifications, and demographics is a goal when selecting the participants for the Union bargaining team. ARTICLE 18 – LABOR/MANAGEMENT COMMITTEE The Employer and the Union agree that a need exists for closer cooperation between labor and management, and that from time to time suggestions and complaints of a general nature affecting the Union and the Employer need consideration. To accomplish this end, the Employer and the Union agree that not more than three (3) authorized representatives of the Union shall function as one- half of a Labor/Management Committee; the other half being not more than three (3) representatives of the Employer named for that purpose. The parties agree to allow expanded participation in Labor/Management Committee discussions, when necessary, by mutual agreement. Said committee shall meet as requested by either party for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. It is understood and agreed that the purpose of this committee does not include the hearing of formal grievances brought under the provisions of Article 23 of this Agreement. AFSCME, Local 2170 Contract 2019 – 2020 Page 47 ARTICLE 19 – WORK STOPPAGES AND EMPLOYER PROTECTION 19.1. Uninterrupted City Services The Employer and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement or any extension mutually agreed upon. Specifically, the Union shall not cause or condone any work stoppage including any strike, slowdown, non-bona fide sick leave absence, refusal to perform any customarily assigned duties, refusal to cross a picket line on City premises (unless same is sanctioned by the King County Labor Council), or other interference with City functions by employees under this Agreement. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the foregoing activities has occurred. Should any such activity occur, the Union agrees to take appropriate action immediately to end such interference. 19.2. Work Stoppage Upon notification in writing by the Employer to the Union that any of its members are engaged in a work stoppage, the Union immediately shall order, in writing, such members to cease engaging immediately in such work stoppage and shall provide the Employer with a copy of such order. In addition, a responsible official of the Union shall publicly order such Union employees to cease engaging in such a work stoppage. AFSCME, Local 2170 Contract 2019 – 2020 Page 48 19.3. Disciplinary Action for Work Stoppage Regardless of any penalty to which the Union is subject under this Section, any employee who commits any act prohibited in this section may be subject to the following penalties: 19.3.1. Oral reprimand 19.3.2. Written reprimand 19.3.3. Suspension (notice to be given in writing) 19.3.4. Discharge It is understood that these penalties are not necessarily sequential. Disciplinary action resulting from violation of this Article will be tailored to the nature and severity of the offense. ARTICLE 20 – NON-DISCRIMINATION The Employer and the Union agree that they shall not discriminate against any employee because of race, color, religion, national origin, ethnic group, age, gender, marital status, sexual orientation, genetic information, disability status, veteran/military status, union affiliation, non-affiliation or union activities as sanctioned by this contract, and/or any other protected class or characteristic under federal, state, or local law. ARTICLE 21 – RECRUITMENT AND SELECTION PROCESS 21.1. Posting of Vacancies Whenever the Employer determines to fill a vacant bargaining unit position, the Employer will post the announcement on the City’s AFSCME, Local 2170 Contract 2019 – 2020 Page 49 website and provide the announcement to the Union’s Executive Board. Vacancies may be posted as internal only recruitments for at least seven (7) working days or external recruitments for at least ten (10) working days. Any City employee may apply for a vacant position. All bargaining unit employees who apply and meet the selection criteria shall be tested in accordance with procedures set forth in the job announcement. Recruitments that are posted internally and then re-posted externally will be considered the same recruitment. A bargaining unit applicant failing to advance during an internal only recruitment will not be considered during any subsequent external recruitment for the vacant position. Internal postings that result in only one employee passing the selection process may be re-posted externally. An internal applicant that has passed the prior internal selection process will be considered during the subsequent external process. Any bargaining unit employee not meeting the selection criteria may request, and will receive in writing, the selection criteria used, and the criteria that they did not meet. 21.2. Selection Process 21.2.1. Selection Procedure. The filling of vacancies will be done in an objective, fair and impartial manner. The Employer will determine the selection procedure which may include written, practical, and oral examinations. Selection criteria will bear a direct AFSCME, Local 2170 Contract 2019 – 2020 Page 50 relationship to job performance and constitute bona fide occupational qualifications necessary to properly and efficiently function in the position. All qualified applicants will go through a consistent selection procedure and be informed of the passing point for any administered exam. 21.2.2. Process Review. In the event that a bargaining unit applicant is not selected, that employee may request, and shall be given in writing, his or her itemized score and placement according to test results within one week of the request. 21.3. Eligible Candidate Pool A candidate that passes the selection process as specified in Section 21.2 above has been determined to be qualified for the position and will have their application remain in the “eligible candidate pool” for that particular recruitment. Hiring managers may offer a position to any candidate who passes the selection process and has their name in the eligible candidate pool. The Employer may use the eligible candidate pool for a period of up to twelve (12) months to fill vacancies for the same position or another position in the same job classification. 21.4. Promotional Opportunities Whenever a promotional opportunity within the bargaining unit is created through the conversion of an existing filled position to a AFSCME, Local 2170 Contract 2019 – 2020 Page 51 new classification with higher duties, the Employer shall give only employees within the same classification and section an opportunity to apply for the promotion. The Employer will distribute an announcement of the promotional opportunity to the Union President and employees in the same classification and section as the position to be restructured. Eligible employees may apply for the position by submitting an application within the seven (7) working day posting period. The Employer will award the promotion to the most qualified employee in accordance with Section 21.2 of this Article. ARTICLE 22 – PROBATIONARY PERIOD 22.1. 12-Month Probationary Period New employees shall serve a probationary period during their first twelve months of employment. During this time, they are considered “At Will” employees and serve at the pleasure of the Employer. Employees terminated during their first twelve months of employment shall not have recourse to the grievance procedure. 22.2. 6-Month Probationary Period Existing City employees who are promoted shall serve a six-month probationary period. In the event a promoted employee fails to pass probation: AFSCME, Local 2170 Contract 2019 – 2020 Page 52 Series Position: The employee will return to his/her lower classification in the series. Non-Series Position: The employee shall be eligible to return to his/her previous position, if it has not been filled. If the position has been filled, the employee may be eligible to return to his/her previous position if the current incumbent fails their probationary period. ARTICLE 23 – GRIEVANCE PROCEDURE 23.1. Definition Grievance is hereby defined as the question or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the Employer. It is the purpose of this clause to provide the employees and the Union with an orderly and effective means of achieving consideration of any grievance, which may arise during the life of this Agreement. 23.2. Grievance Process The following steps are agreed upon as the appropriate order of contact: Step 1. An employee and/or his/her Union representative must present a grievance within fifteen (15) working days of occurrence or when the Union or employee knew or should have known of the occurrence to the supervisor, manager, or the official of the Employer most immediately involved. If, however, the grievance AFSCME, Local 2170 Contract 2019 – 2020 Page 53 concerns a payroll matter involving the computation of the employee’s wages the grievance must be presented within thirty (30) calendar days of occurrence or when the Union or employee knew or should have known of the occurrence. The parties shall have fifteen (15) working days to resolve the grievance. The parties agree to meet to discuss the grievance at the request of either party. Step 2. The employee and/or Union representative shall present the grievance within 15 working days of the Step 1 response in writing to the employee’s Department Administrator. The parties agree to meet to discuss the grievance at the request of either party. The Department Administrator shall attempt to resolve the matter within 15 working days of the receipt of the written grievance and provide their response in writing to the Union and the grievant. Step 3. If not resolved at Step 2, the employee (grievant) shall refer the matter in writing to the Union Grievance Committee for investigation and determination of whether the grievance shall be advanced. Advancement or settlement of a grievance beyond Step 2 of the Grievance Procedure shall be the sole authority of the Union Grievance Committee. The Grievance Committee shall be given reasonable time off with pay for this purpose. AFSCME, Local 2170 Contract 2019 – 2020 Page 54 Step 4. If not resolved by the Department Administrator and advanced by the Grievance Committee, the grievance shall be presented, in writing, together with all pertinent materials to the Mayor or Judge within ten (10) working days of the Administrator’s response. The Mayor, Chief Administrative Officer, or designated representative shall schedule a meeting with the Union for the purpose of hearing and reviewing the merits of the grievance. The Mayor, Chief Administrative Officer, or designated representative, shall attempt to resolve the grievance within ten (10) working days of receipt of the material. Step 5. In the event that the grievance is not resolved at Step 4, the matter may, within twenty (20) working days after the Step 4 decision has been rendered, be referred by either party to the arbitration process. If the matter is not referred to arbitration within this period, it shall be considered resolved. If referred to arbitration: (1) the arbitrator’s decision shall be final and binding, (2) the arbitrator shall be empowered to render a decision based on interpretation of the contract only and shall not add or delete from the provisions of this Agreement, (3) the arbitrator shall render a decision within thirty (30) days of hearing, (4) the arbitrator shall be selected by a joint request of a list of names (Washington) from the Federal Mediation and Conciliation Service (F.M.C.S.). Upon receipt, the parties shall eliminate names alternately until one name remains, (5) it is agreed that the costs shall be borne equally between the parties with the exception that if AFSCME, Local 2170 Contract 2019 – 2020 Page 55 the matter is a question of procedural arbitrability, the losing party shall bear all expenses for the services of the arbitrator. Except as provided above, each party shall be responsible for paying their own costs and fees incurred in the matter. 23.3. Employer Grievance The following procedure shall be observed if the Employer files a grievance against the Union for an alleged violation of the contract: Step 1. The Mayor or his/her designated representative shall present the grievance in writing to the Union Staff Representative within 10 days of occurrence. The Union shall attempt to resolve the matter within thirty (30) days of receipt. Step 2. If the matter is not satisfactorily resolved at Step 1, the Employer may within twenty (20) working days refer the matter to arbitration using the procedure outlined in Section 23.2, Step 5. 23.4. Grievance Documentation Written submissions shall include the specific article(s) of the contract, which were allegedly violated, the specific facts and the remedy sought. 23.5. Grievance Timelines Grievances shall be properly filed and processed within the timetables outlined at each step. If these timetables are violated by AFSCME, Local 2170 Contract 2019 – 2020 Page 56 the Union, the grievance shall be deemed waived. If violated by the Employer, the grievance shall be advanced to the next step. Through mutual agreement, the parties may put timelines on abeyance or extend them for a set period of time. ARTICLE 24 – HEALTH, SAFETY AND PRODUCTIVITY 24.1. Quality and Safety of Work All work shall be done in a competent, productive, and professional manner. Work shall also be done, in accord with State, Federal, and City safety codes and with ordinances and rules relating to this subject. 24.2. Working Conditions It shall not be considered a violation of this Agreement if any employee refuses to work with unsafe equipment, where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonably sanitary condition. It shall be a requirement of the employee to immediately report all unsafe conditions in accordance with the City procedures to his/her supervisor upon becoming aware of those conditions. Per City Policy #700-60 dated August 23, 2017, page 4, AFSCME shall select at least one representative and one alternate from each of the following areas: public works, community services/parks, and city hall (collectively known as the Department Representatives). In addition to the Department Representatives, Local 2170 shall have a designated member on the Safety Committee as appointed by the Local Executive Board. AFSCME, Local 2170 Contract 2019 – 2020 Page 57 24.3. Rain Gear Where necessary, employees furnished rain gear by the Employer will be provided up to one (1) set of new rain gear annually, provided that new rain gear will not be issued until used rain gear is returned by the employee to the appropriate supervisor. 24.4. Custodial Services The Employer shall provide custodial services to employee restrooms and lunchrooms to insure sanitary conditions. 24.5. Safety Shoes Regular employees in positions listed below shall be entitled to a $205 shoe allowance annually for the purchase of shoes or boots. The allowance shall be paid once annually to all active employees listed below as of the first paycheck in March and is subject to tax. New employees shall be eligible for a shoe allowance upon hire, provided however, should the employee fail to successfully pass their probationary period, the value of the allowance shall be withheld from their final paycheck. Reimbursement up to $205 can be provided on a more frequent basis if shoes are damaged or contaminated on duty and subject to supervisor approval. This allowance may not be combined with a safety shoe reimbursement received in 2019. Nothing in this clause negates the foot protection requirement as described in the Personal Protective Equipment Policy #700-12. Safety shoes required for titles not listed below will be subject to the mutual agreement of the Union and the Employer as to whether incumbent employees are eligible for the allowance. • Airport Maintenance Worker AFSCME, Local 2170 Contract 2019 – 2020 Page 58 • Airport Operations Specialist • Airport Operations and Maintenance Supervisor • Building Inspector • Capital Project Coordinator • Code Compliance Inspector, Lead Code Compliance Inspector • Construction Inspector, Construction Inspector Supervisor • Custodian, Maintenance Custodian, Lead Maintenance Custodian, Custodial Maintenance Supervisor • Electrical Technician • Facilities Supervisor • Facilities Technician I and II • Fleet Management Technician • Golf Course Maintenance Worker I, II, III • Grounds Equipment Mechanic • HVAC Systems Technician • Lead Electrical/Control Systems Technician • Lead Vehicle & Equipment Mechanic • Lift Station Technician • Maintenance Services Worker I, II, III and Lead Maintenance Services Worker • Pavement Management Technician • Parks Maintenance Worker I, II, III, Lead Parks Maintenance Worker, Parks Maintenance Supervisor AFSCME, Local 2170 Contract 2019 – 2020 Page 59 • Signal/Electronic Systems Technician I, II, III, Signal/Electronic Systems Supervisor • Solid Waste Maintenance Worker • Street Maintenance Services Supervisor • Traffic Maintenance Worker I, II, Traffic Signage & Marking Supervisor • Vehicle & Equipment Mechanic • Waste Water Maintenance Supervisor • Water Maintenance Services Supervisor • Water Meter Technician • Water Quality/Treatment Plan Operator • Water Utility Maintenance Supervisor • Water Utility Inspector SCADA Technician • Water Utility Maintenance Technician ARTICLE 25 – SAVINGS CLAUSE If any Article of this Agreement or any addenda thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and addenda should not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. AFSCME, Local 2170 Contract 2019 – 2020 Page 60 ARTICLE 26 – ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties is intended to replace the prior agreement and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, unless otherwise agreed, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. All wages and/or benefits being received prior to this contract by members covered in this Agreement shall not be reduced except where specifically modified by this Agreement. ARTICLE 27 – PRIORITY OF FEDERAL, STATE AND CITY LAWS It is understood and agreed by and between the parties that in negotiations and collective bargaining and in the administration of all matters covered by this Agreement, the parties hereto and the City employees are governed by the provisions of applicable State laws, City Ordinances and Resolutions. If there is a conflict between any provision of this Agreement and State law, the latter shall prevail. Provided, however, the Employer agrees that no Ordinance AFSCME, Local 2170 Contract 2019 – 2020 Page 61 or Resolution shall modify or change any article or section of this Agreement during the life of said Agreement. ARTICLE 28 – VOLUNTEERS The City and Union agree that volunteer programs can be mutually beneficial to the City, employees, and citizens of Renton. The parties recognize that volunteer programs provide a sense of community involvement and require a commitment of time and service on behalf of the volunteer. To that end, the City is committed to working in partnership with the Union to build successful volunteer programs. The use of volunteers will not supplant bargaining unit positions. No bargaining unit member shall be laid off as a result of volunteer programs. The City and the Union will meet in a labor-management forum and come to mutual agreement prior to implementing any new volunteer programs. ARTICLE 29 – DISCIPLINE 29.1 Discipline The City shall not discipline or discharge an employee without just cause. Employees shall be given the opportunity to have a Union Representative present at meetings where disciplinary proceedings will take place. AFSCME, Local 2170 Contract 2019 – 2020 Page 62 The City agrees with the principles of progressive discipline. Disciplinary action generally includes the following progressive steps: 29.1.1. Oral reprimand (which shall be reduced to writing although not placed in the employee’s personnel file) 29.1.2. Written reprimand 29.1.3. Suspension 29.1.4. Discharge Disciplinary action will be tailored to the nature and severity of the offense. Management maintains the right to take disciplinary action, as they deem appropriate. 29.2 Demotion The term “demotion” as used in this provision means the involuntary reassignment of an employee from a position in one job classification to a lower paying position in another job classification. In any case involving demotion, the employee shall have the right to due process. ARTICLE 30 – LEAVE DONATION A Leave Donation Program has been established to assist employees faced with a serious medical illness or injury to themselves or an immediate family member. The Leave Donation Program will be administered in accordance with City Policy #350-12 (Leave Donation), as revised effective August 23, 2017. Time that can be donated includes vacation, comp-time and AFSCME, Local 2170 Contract 2019 – 2020 Page 63 personal holiday. The following exception applies as a benefit above and beyond those granted by the Policy. State-Registered domestic partners shall be considered family when considering qualifying events for donation. ARTICLE 31 – LAYOFF AND RECALL 31.1. Layoff and Recall The Employer shall retain the Right to determine whether lay-offs are necessary and in which department(s) and classification(s) they will occur. City employees in other departments are not eligible to exercise bumping rights to displace any Court employees regardless of seniority or job classification. 31.2. Definitions 31.2.1. Adjusted Hire Date: The date used to determine “City Seniority.” The Adjusted Hire Date is calculated on the employee’s length of continuous service with the City in a regular full-time or part-time position. Part-time employees will have their length of continuous service adjusted for longevity purposes. Seniority earned as a regular, part-time employee shall be prorated. The City will calculate the number of compensated hours in any regular position and divide the total by full time equivalent hours (i.e., 2080 hours per year) to AFSCME, Local 2170 Contract 2019 – 2020 Page 64 determine the employee’s adjusted hire date for purpose of seniority. 31.2.2. Bumping Rights: An employee’s ability to move into the same classification or another classification, in which he/she has previously achieved regular status, based on his/her overall seniority. 31.2.3. Classification: A classification is a position or group of positions performing similar duties that have the same title, class code, and salary range. 31.2.4. Classification Series: A series of related classifications with an entry level and one or more additional levels as defined in City Policy #320-01, Classification Series. 31.2.5. Initial Probationary Period: The probationary period served by a new employee when hired into a regular position with the City. 31.2.6. Layoff: A reduction in the workforce due lack of funds, lack of work, or the result of a reorganization. 31.2.7. Recall List (also called “Reemployment List,” “Rehire List,” or “Layoff List”): A list of employees who have been laid off from a specific classification and who are eligible for recall. AFSCME, Local 2170 Contract 2019 – 2020 Page 65 31.2.8. Original Hire Date: The first day an employee started working for the City, either in a regular status or non- regular status position. 31.2.9 Previously Held Position: A position within the City’s classification system to which the employee has been formally appointed and successfully completed probation. 31.2.10. Probationary Employee: An employee in their initial probationary period who has not achieved regular employee status. 31.2.11. Recall (also called “Reinstatement”): When an employee on the recall list returns to the classification from which he/she was laid off or to a lower classification in which they previously achieved regular employee status. 31.2.12. Seniority: 31.2.12.1 City Seniority, or “Adjusted Hire Date,” is an employee’s length of continuous service with the City in a regular full-time or part- time position. 31.2.12.2 Classification Seniority is the date that the employee was appointed to his/her current position. Classification seniority shall be AFSCME, Local 2170 Contract 2019 – 2020 Page 66 prorated as described under the definition of Adjusted Hire Date. 31.3. Departmental Review 31.3.1. Each department may periodically review its budget and projected workload to determine if layoffs are necessary. 31.3.2. If it becomes necessary to initiate organizational change for any reason that results in the reduction of employees, the Department Administrator will discuss the organizational change with the Mayor or designee and the Human Resources Risk Management Administrator prior to making any changes. The Department Administrator will determine which classifications will be affected. 31.3.3. The Mayor will have final authority to eliminate positions and/or lay off employees. 31.4. Human Resources Risk Management Review 31.4.1 Once the Department Administrator has determined which classification(s) will be affected, Human Resources Risk Management (HRRM) will determine which employee(s) shall be laid off. 31.4.2. No lay-off or reduction to a lower classification shall be executed so long as there are non-regular AFSCME, Local 2170 Contract 2019 – 2020 Page 67 (temporary) employees, whether full-time or part time, performing substantially similar job duties in a specific department/division. 31.4.3. For the purpose of the initial layoff, classification seniority shall be the determining factor. Employees shall be laid off from their department or major division in the inverse order of their classification seniority in the classification in which the work force is being reduced. New employees in the affected classification, serving in their initial probationary period, shall be separated before any regular Union employee is laid off in the work unit. 31.4.4. At no time shall layoff, bumping, or recall result in a promotion. 31.4.5. Tie-Breakers: In the event two or more employees have the same classification seniority, City seniority shall prevail. In the event two or more employees have the same City seniority, a tie-breaker will be used to determine the employee with the least seniority. The tie-breaker will be the last four digits of the employee’s social security number. The employee with the lowest number shall be considered the employee with the lowest seniority. 31.4.6. It is understood that classifications may change title. If a classification has been re-titled or a new classification created and the duties are substantially the same, the employee shall be considered having AFSCME, Local 2170 Contract 2019 – 2020 Page 68 “previously achieved regular employee status” in the re-titled or new classification. 31.5. Notice of Layoff 31.5.1 It is the City’s intent to provide employees with notice of any layoff at least thirty (30) calendar days in advance of the intended layoff date. When such a time period is not possible, employees shall be provided with at least two weeks (14 calendar days) notice or receive two weeks’ pay in lieu of notification. 31.5.2 Layoffs resulting from the biennial budget process shall not be final until such time as the budget is adopted by the City Council. 31.6. Bumping Rights 31.6.1. An employee who is laid off may replace another employee in an equal or lower classification series in which the employee works or has previously achieved regular employee status, provided such employee has greater City seniority than the employee whom he/she seeks to replace, and provided the replacing employee is qualified to perform the work without further training. 31.6.2. An employee who is laid off may not replace another employee in the same classification in the same AFSCME, Local 2170 Contract 2019 – 2020 Page 69 workgroup from which they are in the process of being laid off. 31.6.3. The requirement to have previously worked in a classification shall not apply to employees bumping down to a lower compensated position within a recognized classification series (e.g., Maintenance Service Worker, Fire Inspector, etc.). 31.6.4. If the employee is not eligible to bump into another classification based on his/her City seniority, the employee shall be laid off and have his/her name placed on the recall list. 31.7. Recall Rights 31.7.1. The name of any employee who is laid off shall be placed on the recall list for a period of two (2) years. 31.7.2. Employees who are laid off may be recalled to the original classification from which they were laid off or to a lower classification in which they previously achieved regular status with the City, provided they are qualified at the time to perform the work in the classification to which they are recalled without further training. 31.7.3. When there is a recall during the life of the recall list, employees who are still on the list shall be recalled in the inverse order in which they were laid off. AFSCME, Local 2170 Contract 2019 – 2020 Page 70 31.7.4. The City shall not hire new employees in a given classification as long as there are still employees on the recall list eligible for recall to that classification. 31.7.5. If employees bump into another classification or if employees are recalled to a lower classification in a series, they shall have the right to return to the classification from which they were originally laid off as long as their name remains on the recall list. 31.7.6. An employee who bumps into the same classification but in a different department/division shall have no recall rights to the position from which he/she was originally laid off from. 31.7.7. Employees shall be responsible for keeping HRRM informed of a current e-mail, phone number, and postal mailing address. HRRM will provide notice of recall using e-mail and certified mail. Employees who are recalled to a position shall have seven (7) calendar days from the date they receive notification by certified mail of the recall to respond to HRRM and either accept or reject the position. 31.7.8. Employees who reject, or fail to respond to, a recall offer back to the original classification from which they were laid off shall have their names removed from the recall list. AFSCME, Local 2170 Contract 2019 – 2020 Page 71 31.7.9. Seniority dates will be handled as follows during the event of recall, or rehire into a different regular position. For the purposes of this section, “regular position” also includes Limited Term positions: 31.7.9.1 City seniority: Employees who have been recalled or rehired into a regular position within the recall period shall retain their City seniority as of the date of layoff and shall begin accumulating additional City seniority when recalled or rehired back to work. 31.7.9.2 Classification seniority: Employees who have been laid off shall begin accumulating additional classification seniority when recalled to the classification from which they were laid off. Employees who are rehired into a different regular position within the recall period shall begin accumulating classification seniority in the “new” classification as of their date of rehire. 31.7.9.3 Employees affected by layoffs: Employees who bump into a different classification as part of a layoff shall retain their classification seniority as of the date of layoff and shall begin accumulating additional classification seniority when AFSCME, Local 2170 Contract 2019 – 2020 Page 72 recalled back to the classification from which they were originally laid off. City seniority shall continue to accumulate as long as the employee remains continuously employed in a regular position. 31.7.9.4 Accrual rates: Longevity, vacation, and sick leave accrual rates shall be the same as they were on the date of the layoff. 31.7.10 Employees recalled, or rehired into a different regular position within the recall period, shall have their sick leave balance restored to the amount he/she had at the time of the layoff, excluding any cashed out hours. AFSCME, Local 2170 Contract 2019 – 2020 Page 73 ARTICLE 32 – FINGERPRINTING 32.1. Fingerprint Check Requirements All union members who have authorized access to or direct responsibility for configuring and maintaining computer systems and networks that could access Criminal Justice Information (CJI) and/or have access to the Criminal Justice Information System (CJIS) network must pass a fingerprint check prior to unescorted access. Fingerprint check results will be provided to the Police Chief or designee for review and determination to pass or fail access. 32.2. Fingerprint Check Passed Employees moving into a position that requires a fingerprint check must be fingerprinted and successfully pass prior to receiving a formal written offer. 32.3. Fingerprint Check Failed If access is denied, management will attempt to transfer the employee to a non-CJI/CJIS access location. The union member may also request alternative employment for which he/she qualifies, if available. It is understood that in order to continue the employment of a member denied access, the city may need to place the member in an alternate job or job site without posting the position. Failure to be granted access shall not be considered part of the discipline process. The union and the city shall utilize the Labor/Management Committee process to negotiate any potential impacts. AFSCME, Local 2170 Contract 2019 – 2020 Page 74 32.4. Right of Appeal Members denied access by the Chief of Police will have the right of appeal. Appeal may be made in writing or by scheduling a meeting with the Police Chief. If a meeting is requested a good faith attempt will be made to meet within ten (10) business days to hear the appeal. The Police Chief will issue a final determination within five (5) business days of the appeal meeting or receipt of a written appeal, if no meeting was requested. In the case of transfer or promotion the position being applied for will not be filled until the appeal has been heard and decided by the Police Chief. Members will have the right to be assisted in the appeal, be it a meeting or written form, by an AFSCME Council 2 Representative or designee. 32.5 Document Destruction All documents will be destroyed after the final report has been provided to Human Resources or after any appeal process is completed. The final report presented to Human Resources will not be kept in the Personnel file. AFSCME, Local 2170 Contract 2019 – 2020 Page 77 APPENDIX A: AFSCME Classifications in Alphabetical Order (with Job Grades) a03 *Accounting Assistant I a05 *Accounting Assistant II a07 *Accounting Assistant III a09 *Accounting Assistant IV a19 Accounting Supervisor a09 Administrative Secretary I a23 Airport Operations &Maintenance Supervisor a11 Airport Maintenance Worker a13 Airport Operations Specialist a31 Assistant Airport Manager a17 *Assistant Planner a21 *Associate Planner a21 Building Inspector/Combination a21 Building Inspector/Electrical a23 Building Plan Reviewer a20 Business Coordinator-Airport a23 *Business Systems Analyst a27 *Senior Business Systems Analyst a28 Capital Project Coordinator a11 City Clerk Specialist a22 *Civil Engineer I a26 *Civil Engineer II a29 *Civil Engineer III a30 Client Technology Services & Support Supervisor a19 Code Compliance Inspector a12 Communications Specialist I a21 Communications Specialist II a21 Construction Inspector a21 Custodial Maintenance Supervisor a26 Construction Inspector Supervisor a01 Custodian a24 Database Technician a17 Digital Media Specialist a18 Development Services Representative a20 *Economic Development Specialist a19 Electrical Technician a21 Emergency Management Coordinator a19 Energy Plans Reviewer/ a13 *Engineering Specialist I a19 *Engineering Specialist II a23 *Engineering Specialist III a25 Facilities Coordinator a21 Facilities Supervisor a13 *Facilities Technician I a15 *Facilities Technician II a18 Farmers Market Coordinator a11 Fleet Management Technician a21 *GIS Analyst I a23 *GIS Analyst II a04 *Golf Course Maintenance Worker I a08 *Golf Course Maintenance Worker II a12 *Golf Course Maintenance Worker III a09 Golf Course Operations Assistant a15 Grounds Equipment Mechanic a07 Hearing Examiner’s Secretary a20 Housing Repair Coordinator a08 Housing Repair Technician a20 Human Services Coordinator a19 HVAC Systems Technician a08 Judicial Specialist a10 Judicial Specialist/Trainer a24 Lead Building Inspector a22 Lead Code Compliance Inspector a24 Lead Construction Inspector a04 Lead Custodian a25 Lead Electrical Control Systems Technician a16 Lead Golf Course Maintenance Worker a11 Lead Maintenance Custodian a16 Lead Maintenance Services Worker a08 Lead Office Assistant a16 Lead Park Maintenance Worker a19 Lead Vehicle & Equipment Mechanic a18 Lead Water Utility Pump Station Mechanic a10 Legal Assistant AFSCME, Local 2170 Contract 2019 – 2020 Page 78 a15 Lift Station Technician a17 Maintenance Buyer a07 Maintenance Custodian a04 *Maintenance Services Worker I a08 *Maintenance Services Worker II a12 *Maintenance Services Worker III a09 Mechanic’s Assistant a22 Neighborhood Program Coordinator a21 *Network Systems Specialist a32 Network Systems Manager a01 *Office Assistant I a03 *Office Assistant II a05 *Office Assistant III a17 Paralegal a21 Park Maintenance Supervisor a04 *Parks Maintenance Worker I a08 *Parks Maintenance Worker II a12 *Parks Maintenance Worker III a23 Pavement Management Technician a11 Payroll Analyst a10 Permit Technician a23 Plan Reviewer a15 Planning Technician a32 Principal Civil Engineer A03 Print & Mail Assistant a07 Print & Mail Operator a13 Print & Mail Supervisor a04 Pro Shop Assistant a10 Probation Clerk a18 Probation Officer a16 Program Assistant a25 *Program Development Coordinator I a29 *Program Development Coordinator II a13 Program Specialist a25 Property Services Agent a23 Property Services Specialist a20 Assistant Public Records Officer a11 Public Records Specialist a08 Purchasing Assistant a11 Records Management Coordinator a09 Records Management Specialist a18 Recreation Program Coordinator a07 Recreation Assistant a11 Recreation Specialist a14 Recreation Systems Technician a05 Secretary I a07 Secretary II a24 *Senior Economic Development Specialist a25 *Senior Network Systems Specialist a28 *Senior Planner a15 Senior Program Specialist a29 *Senior Systems Analyst a17 Senior Service Desk Technician a13 Service Desk Technician a13 *Signal/Electronics Systems Tech I a17 *Signal/Electronics Systems Tech II a21 *Signal/Electronics Systems Tech III a04 Solid Waste Maintenance Worker a23 Street Maintenance Services Supervisor a26 *Systems Analyst a08 *Traffic Maintenance Worker I a12 *Traffic Maintenance Worker II a21 Traffic Signage & Marking Supervisor a24 Transportation Planner a32 Utility/GIS Engineer a15 Vehicle & Equipment Mechanic a23 Waste Water Maintenance Services Supv. a21 Water Maintenance Services Supervisor a07 Water Meter Technician a17 Water Quality/Treatment Plant Operator a19 Water Utility Instrument/SCADA Tech a26 Water Utility Maintenance Supervisor a15 Water Utility Maintenance Technician *Classification Series AFSCME, Local 2170 Contract 2019 – 2020 Page 79 APPENDIX B: Salary Indexes for 2019 (see next page) AFSCME, Local 2170 Contract 2019 – 2020 Page 80 Effective January 1 – June 30, 2019 AFSCME, Local 2170 Contract 2019 – 2020 Page 81 AFSCME, Local 2170 Contract 2019 – 2020 Page 82 AFSCME, Local 2170 Contract 2019 – 2020 Page 83 AFSCME, Local 2170 Contract 2019 – 2020 Page 84 Effective July 1 – December 31, 2019 AFSCME, Local 2170 Contract 2019 – 2020 Page 85 AFSCME, Local 2170 Contract 2019 – 2020 Page 86 AFSCME, Local 2170 Contract 2019 – 2020 Page 87 AFSCME, Local 2170 Contract 2019 – 2020 Page 88 APPENDIX C: Commercial Driver’s License (CDL) Deep Dive Review There exists a joint interest for both the Employer and the Union to recruit and retain employees required to hold a CDL certification as a condition of their employment. As such, the parties agree to jointly investigate the costs and impacts of turnover to the city for positions requiring a CDL, including but not limited to recruitment, training, and licensing. This study shall be handled through a committee comprised of three Union representatives and three representatives from the City. Meetings of the committee shall begin in sufficient time and frequency to accommodate a completion of the review by December 31, 2019. Once the study is complete, the parties agree to meet to negotiate any changes to mandatory subjects. AFSCME, Local 2170 Contract 2019 – 2020 Page 89 APPENDIX D: Telework Reopener During this current round of negotiations, both parties have expressed an interest in a future teleworking program. To this end, either party may reopen this Agreement for the purpose of bargaining over issues related to working conditions in light of a newly proposed teleworking program and resulting policy from the City. City will distribute the policy for union review by November 1, 2019. AFSCME, Local 2170 Contract 2019 – 2020 Page 90 APPENDIX E: Safety Leave Reopener The parties agree to bargain over safety leave beginning in September of 2019. AFSCME, Local 2170 Contract 2019 – 2020 Page 91 APPENDIX F: Paid Family Leave Eligible employees are covered by Washington’s Family and Medical Leave Program, RCW 50A.04. Eligibility for leave and benefits, which begins January 1, 2020, is established by Washington law and is therefore independent of this Agreement. Premiums for benefits are established by law and for the period ending December 31, 2020, will total four-tenths of one percent (0.4%) of employees’ wages (unless otherwise limited by action of the State). Effective for the first payperiod after the contract is ratified by the Union and adopted by Council, employees will pay through payroll deduction the full cost of the premiums associated with family leave benefits and forty-five percent (45%) of the cost of the premiums associated with the medical leave benefits, as determined under RCW 50A.04.115. Employer will pay the remaining premium amounts. Following finalization of regulations implementing RCW 50A.04, either party may reopen this Agreement for the purpose of bargaining over issues related to the interrelation between leaves available under this Agreement and benefits provided by statute. AFSCME, Local 2170 Contract 2019 – 2020 Page 92 APPENDIX G: Index A abuse of sick leave ......................... 29 accrual ........................................... 27 Accrual ........................................... 33 accrual rate .................................... 33 accrual rates .................................. 72 acting pay ...................................... 27 adjusted hire date ............... 63, 65, 66 alternative work schedules ....... 17, 18 alternative/flex work schedules ..... 17 anniversary .................................... 41 APPENDIX A: AFSCME Classifications in Alphabetical Order (with Job Grades) ....................................... 77 APPENDIX B: Salary Indexes for 2019 ................................................... 79 APPENDIX C: Commercial Driver’s License (CDL) Deep Dive Review . 88 APPENDIX D: Telework Reopener .. 89 APPENDIX E: Safety Leave Reopener ................................................... 90 APPENDIX F: Paid Family Leave ...... 91 APPENDIX G: Index......................... 92 arbitration ................................. 54, 55 at will ............................................. 51 B base rate ................................... 33, 34 bereavement leave ........................ 35 biennial budget process ................. 68 bulletin boards ............................... 45 bumping rights .......................... 64, 68 bumps ............................................ 70 C callback .......................................... 25 call-back ......................................... 23 candidate pool ............................... 50 cash out ......................................... 28 cashed out hours ........................... 72 Christmas Day ................................ 30 city seniority 63, 65, 67, 68, 69, 71, 72 classification 12, 13, 41, 44, 51, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71 classification seniority ............... 65, 71 classification series ........................ 64 Classification Series ........................ 78 clean-up time ................................. 20 COBRA ........................................... 39 compensated hours ....................... 21 compensatory ........................... 21, 22 compensatory time ................... 21, 22 conferences ................................... 40 consecutive hours worked ............. 19 continuous service .................... 63, 65 co-pays .......................................... 36 D deferred compensation ................. 43 AFSCME, Local 2170 Contract 2019 – 2020 Page 93 demotion ....................................... 62 dental ....................................... 36, 39 disability plan ................................. 28 discharge ............................ 28, 44, 61 disciplinary action ..................... 48, 62 discipline ............................. 44, 61, 62 double time ................................... 23 dues .......................................... 15, 16 E emergency situations .......... 19, 20, 34 employee contributions ................. 38 employment practices ................... 48 entire agreement ........................... 60 excluded positions ......................... 12 Executive Board .................. 13, 49, 56 extended overtime ........................ 23 Extended Overtime ........................ 24 F F.M.C.S. .......................................... 54 Fair Labor Standards Act ................ 22 Federal Mediation and Conciliation Service ........................................ 54 fingerprint ...................................... 73 flexible work schedules .................. 18 flex-time ........................................ 18 FMLA.............................................. 27 G grievance .......... 51, 52, 53, 54, 55, 56 grievance procedure ...................... 52 grievances ................................. 45, 46 group term ..................................... 39 H health insurance ............................ 36 health, safety and productivity ...... 56 holiday .................... 30, 31, 32, 33, 43 holiday pay .................................... 32 Holiday Pay .................................... 31 holidays falling on scheduled day off ................................................... 32 holidays falling on weekends ......... 32 hourly ............... 19, 21, 23, 24, 33, 34 hours of work ................................. 17 I Independence Day ......................... 30 initial probationary period ............. 64 insurance .................................. 36, 39 J July 4 .............................................. 30 jury duty ........................................ 39 just cause .................................. 44, 61 L Labor Day ....................................... 30 labor/management committee ...... 46 layoff ................................... 63, 64, 68 layoff and recall ............................. 63 Leave Donation Program ............... 62 life insurance ................................. 39 limited term ................................ 9, 10 Limited Term .................................. 71 AFSCME, Local 2170 Contract 2019 – 2020 Page 94 longevity ................................... 39, 42 long-term disability ........................ 28 lunch period ................................... 18 M management rights ........................ 43 Martin Luther King, Jr. Day ............. 30 meal and rest periods .................... 19 meal period.................................... 19 medical ............................... 36, 39, 62 medical leave ................................. 27 membership................................... 16 Memorial Day ................................ 30 N new employees .............................. 17 New Year’s Day .............................. 30 non-discrimination ......................... 48 O officers ........................................... 17 oral reprimand .......................... 48, 62 orientation ..................................... 48 original hire date ............................ 65 overtime ........... 19, 20, 21, 22, 24, 43 P PAC program .................................. 16 pager ............................................. 25 paid release time ...................... 44, 45 part-time....................... 33, 34, 35, 42 pay period ...................................... 43 pay stubs ........................................ 43 PERS ............................................... 28 PERS I ............................................. 28 personal holiday ............................ 33 personal holidays ........................... 30 position review .............................. 13 posting of vacancies ....................... 48 Preamble ......................................... 9 premium ................................... 27, 37 previously held position ................. 65 priority of Federal, State and City Laws ............................................ 60 probationary employee ................. 65 probationary period ...... 51, 64, 65, 67 promoted ....................................... 51 promotion ........................... 27, 51, 67 promotional opportunity .......... 50, 51 pro-rated ............................ 33, 34, 42 public interest ................................ 47 R rain gear ........................................ 57 recall ......................................... 64, 65 recall list ........................................ 64 recall rights .................................... 69 reclassification reviews .................. 13 Recognition and Bargaining Unit ...... 9 reduction ............................ 38, 64, 66 reemployment list .......................... 64 regular part-time ........................... 35 REHBT ..................... 35, 36, 37, 38, 39 rehire list........................................ 64 REHP ............................. 35, 36, 37, 38 reinstatement ................................ 65 AFSCME, Local 2170 Contract 2019 – 2020 Page 95 Renton Employees’ Healthcare Board of Trustees ............................. 35, 37 Renton Employees’ Healthcare Plan .............................................. 35, 36 rest period ..................................... 20 S safety shoes ................................... 57 salaries ........................................... 41 savings clause ................................ 59 selection process ........................... 49 seniority .............................. 63, 65, 71 shift differential ............................. 24 shop steward ................................. 44 sick leave ................ 23, 27, 28, 29, 47 sick leave cash out ......................... 28 staff representative ............ 45, 55, 75 standby .......................................... 25 stewards ........................................ 17 suspension ................................ 48, 62 T Thanksgiving .................................. 30 tie-breaker ..................................... 67 time banks ..................................... 22 training ..................................... 40, 45 U union activities ............................... 48 union membership and dues deduction ................................... 15 union recognized ............................. 9 V vacancies ....................................... 49 Vacancies ....................................... 49 vacation ........................ 23, 29, 33, 34 Vacation Cash Out ......................... 34 Veterans’ Day ................................ 30 volunteers ........................... 21, 25, 61 W wages .................................. 16, 53, 60 work day ................. 18, 19, 22, 23, 34 work schedules ............. 17, 18, 19, 44 work stoppage ............................... 47 work week .............. 17, 18, 21, 22, 33 workday ....... 19, 20, 21, 22, 24, 40, 45 written reprimand .................... 48, 62