PORT OF SEATTLE

RESOLUTION NO. 3694, as amended

A RESOLUTION of the Port Commission of the Port of Seattle relating to safety and
security at Seattle-Tacoma International Airport and the necessary
hiring  standards,  training  opportunities,  and  minimum
compensation required to maintain a well-trained workforce at the
Airport.

WHEREAS, the voters of King County authorized and approved the formation of a Port
District coextensive with King County to be known as the Port of Seattle in a special election on
September 5, 1911; and

WHEREAS, the Port of Seattle was established upon election as a port district and has
been since then and is now a duly authorized and acting port district of the State of Washington;
and

WHEREAS, in accordance with RCW 14.08.330, the Port of Seattle owns, operates, and
exercises exclusive jurisdiction and control over Seattle-Tacoma International Airport (the
Airport); and

WHEREAS, RCW 14.08.120(2) authorizes a port district, including the Port of Seattle,
to exercise managerial, regulatory, and governmental authority over its airports and to "adopt
all needed rules, regulations, and ordinances for the management, government, and use" of its
airports; and

WHEREAS, RCW 53.08.220(1) authorizes a port district, including the Port of Seattle,
to regulate the use of its airports by its "tenants, agents, servants, licensees, invitees, suppliers,
passengers, customers, shippers, business visitors, and members of the general public"; and

WHEREAS, a secure Airport and a safe environment for passengers, employees,
airlines, and other businesses at the Airport are fundamental Port of Seattle priorities that are
incorporated as an ofcial strategy of the Aviation Division to "Operate a world-class
international airport by ensuring safe and secure operations"; and

WHEREAS, more than 15,000 workers are employed at the Airport by the Port of
Seattle and by tenants, licensees, contractors, vendors, consultants, airlines, or other businesses
of the Airport; and

WHEREAS, many of these workers have regular access to the Air Operations Area or
work in other capacities that impact Airport safety and security and therefore must be
well-trained and possess the necessary education and/or work experience to ensure a safe and
secure Airport both for employees and for the traveling public; and

WHEREAS, The staff report titled "Quality Jobs: Safety and Security for Aeronautical
Workers," dated June 26, 2014, and the testimony heard by the Port Commission reected in that
report together establish a need for improved levels of general training, education, and/or work

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experience, employee qualications for advancement, and corresponding compensation
incentives in order to attract and retain a high-quality workforce for the purposes of ensuring a
safe and secure Airport; and

WHEREAS, addressing these needs will aid in reducing workforce attrition, increase
Airport safety and security, and promote the public health, safety, and welfare of the workforce
and the general public at the Airport; and

WHEREAS, the Port Commission is the legally constituted governing body of the Port
of Seattle; and

WHEREAS, the Port Commission desires to set forth certain additional standards of
employment to ensure the safety and security of the Airport;

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of
Seattle as follows:

Section 1.   Findings.

The Port Commission finds and declares that the recitals above are true and correct and
incorporated as provisions of this Resolution.

Section 2.   Denitions.

For the purposes of this Resolution:

A.   "Air Operations Area" or "AOA" means the area that is inside the Airport
perimeter fence, including all areas with restricted access located outside the Airport terminal
buildings, including without limitation, runways, taxiways, ramps, hardstands, safety areas,
perimeter roads, and cargo areas.

B.   "Airport" means the Seattle-Tacoma International Airport.

C.   "Airport Employer" means any individual, partnership, association, corporation,
business trust, municipal corporation, or any person or group of persons acting directly or
indirectly in the interest of an employer in relation to an employee that is also a tenant,
subtenant, licensee, contractor, airline, or other business that operates at the Airport. The term
"Airport Employer" does not include the Port of Seattle.

D.   "Bonuses" means payments in addition to hourly, salary, Commission, or Piece-
Rate payments paid by the employer to the employee, including, without limitation, prot-
sharing arrangements, bonuses, and other incentive payments that are not intended to qualify for
favorable tax treatment as retirement plans under the Internal Revenue Code.

E.    "Commissions" means a sum of money paid to an employee upon completion of a
task, usually selling a certain amount of goods or services.


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F.    "Covered Employee" means any person employed by an Airport Employer that
(i) is required by the Port of Seattle to be issued an Airport badge with AOA access and
(ii) either (a) is required as a component of his or her essential job responsibility to regularly
work in and around the AOA or (b) has a responsibility to support passenger and facility safety
and security, including without limitation, AOA perimeter control, passenger check-in activities,
skycap and baggage check-in and handling services, wheelchair attendant services, baggage and
cargo handling, ground support equipment maintenance, xed based operator activities,
international passenger assistance, checkpoint screening, and aircraft ground handling services
(which include, without limitation, aircraft catering, cleaning, fueling, loadbalancing,
marshalling, dispatching, maintenance, and aircraft security).

G.   "Director" means the Managing Director of the Aviation Division of the Port of
Seattle.

H.   "Hourly  Minimum  Total  Compensation"  means  the  Minimum  Total
Compensation due to an employee for each hour worked during a pay period.

I.       "Hourly Minimum Wage" means the Minimum Wage due to an employee for
each hour worked during a pay period.

J.      "Benets Plan" means a plan of an Airport Employer offering health and welfare
benets, whether on an insured or self-insured basis, such as medical, dental, or vision benets
under a group health plan (as dened in the Internal Revenue Code) or an essential health
benets package (as dened in the Affordable Care Act, 42 U.S.C. l8022), or as permitted by
the Rules and Regulations promulgated by the Director.

K.   "Minimum Total Compensation" means the sum of the Minimum Wage plus all
other pay and benets paid by an Airport Employer to, or on behalf of, an Airport Employee that
may be comprised in whole or in part by any of the following items: (i) Additional pay, (ii) Tips
received by the employee as reported to the Internal Revenue Service, (iii) contributions made by
the employer to an employee's Benets Plan, (iv) irrevocable contributions made by the
employer to an employee's retirement plan that is intended to qualify for favorable tax treatment
under the Internal Revenue Code, and (v) any veriable payments made by the employer for an
employee's educational expenses, whether paid directly to the employee or to a provider of
educational services.   Amounts paid for payroll taxes, unemployment taxes, workers
compensation, and education or training required for employees to perform in their current roles
are specically excluded from the Minimum Total Compensation calculation.

L.    "Minimum Wage" means all Wages, Commissions, Piece-Rate and Bonuses
received by the employee and reported to the Internal Revenue Service.

M.   "Paid Time Off" means accrued hours of paid leave provided by an employer for
use by an employee to receive the same Minimum Total Compensation (excluding Tips or
Commissions) as the employee would have earned during the time the paid leave is taken for an
absence from work. Paid Time Off may be provided through vacation, sick leave, combined
PTO, or other plans that permit employees to accrue paid leave and then use the leave in
accordance with the employer plan.


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N.   "Piece-Rate" means a price paid per unit of work.

0.   "Rate of Ination" means the Consumer Price Index annual percent change for
urban wage earners and clerical workers, termed CPI-W, or a successor index, for the twelve
months prior to each September 1 as calculated by the United States Department of Labor.

P.    "Rules and Regulations" means those rules and regulations promulgated and
administered by the Director under the authority provided in subsection 6(F) of this Resolution.

Q.   "Tips" means a veriable sum to be presented by a customer as a gift or gratuity
in recognition of some service performed for the customer by the employee receiving the Tip.

R.   "Wage" means payment due to an employee by reason of employment, payable in
legal tender of the United States or checks on banks convertible into cash on demand at full face
value or any alternative electronic banking method, subject to such deductions, charges, or
allowances as may be permitted by the Rules and Regulations promulgated by the Director.

Section 3.   Standards of Employment.

In accordance with subsection 6(F) of this Resolution, the Director will develop and
promulgate Rules and Regulations to carry out the standards of employment in this Section 3.
These Rules and Regulations must require that every Airport Employer comply with the
following policies:
A.   Hiring Policy. For new hires, Airport Employers must comply with the following
hiring standard: Covered Employees must possess a high school diploma, a high school
equivalency credential recognized by the state of Washington in accordance with Chapter 131-48
WAC, or an equivalent level of education, training, or work experience as reasonably determined
by the Covered Employee's Airport Employer.

B.   Training Policy. Airport Employers must ensure that their Covered Employees
receive the following training or credentials, where applicable by job responsibilities:

"Security Identication Area" orientation
Employment verication specialist training (badging compliance)
Escort training
Safety  training  consistent  with  Section 611  ("Airside  Personnel:
Responsibilities, Training and Qualications") of the International Air
Transportation Association Airport Handling Manual, which includes:
0 AOA safety training

0 AOA driver training

0 Aircraft handling training

0 Ground support equipment training

0 Human factors training

0  Bloodbome pathogen and biohazards training



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C.   English Prociency Policy. Airport Employers are encouraged to identify their
positions of employment that require English prociency and the Covered Employees in those
positions who do not possess English prociency.  In accordance with Federal Aviation
Administration "Advisory Circular No. 150/5210-20: Ground Vehicle Operations on Airports,"
any Covered Employee expected to operate on the ADA must demonstrate a functional
knowledge of the English Language. Airport Employers are encouraged to provide paid leave to
all identied Covered Employees for on-the-job English prociency training through Airport
University or an equivalent program authorized by the Port of Seattle. Airport Employers are
encouraged to offer similar on-the-job English prociency training to other Covered Employees
for purposes of advancement.

Section 4.   Covered Employee Compensation.

In accordance with subsection 6(F) of this Resolution, the Director will develop and
promulgate Rules and Regulations to carry out the wage and compensation standards in this
Section 3. These Rules and Regulations must require that every Airport Employer comply with
the following policies:

A.   Hourly Minimum Wage Policy.  Effective January 1 of each year, Airport
Employers are required to compensate each of their Covered Employees no less than that year's
corresponding Hourly Minimum Wage for each hour worked within the physical boundaries of
the Airport according to the following schedule:


2015                $1 1 .22

2017                $13.00

Effective January 1, 2018, the Hourly Minimum Wage paid by Airport Employers to any
Covered Employee will increase annually on a percentage basis to reect the rate of ination,
calculated to the nearest cent on January 1 of each year.  Airport Employers may meet the
applicable Hourly Minimum Wage requirement by a payment of the Minimum Wage to their
covered Employees, provided that the Airport Employer is in compliance with all applicable
laws.

B.    Hourly Minimum Total Compensation Policy. Subject to the initial hiring period
below, effective January 1 of each year, Airport Employers are required to compensate each of
their Covered Employees with no less than that year's corresponding Hourly Minimum Total
Compensation for each hour worked within the physical boundaries of the Airport according to
the following schedule:




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Hourly Minimum Total Compensation

2015                $13.72

2017                $15.50

Effective January 1, 2018, the Hourly Minimum Total Compensation provided by Airport
Employers to any Covered Employee will increase annually on a percentage basis to reect the
rate of ination, calculated to the nearest cent on January 1 of each year. Airport Employers
may meet the applicable Hourly Minimum Total Compensation requirement by providing
Minimum Total Compensation to their Covered Employees, provided that the Airport Employer
is in compliance with all applicable laws.

C.   Initial Hiring Period.  At its discretion, an Airport Employer may delay the
effective date of the Hourly Minimum Total Compensation requirement for up to the rst
90 calendar days of a Covered Employee's employment.

Section 5.   Paid Time Off.

In accordance with subsection 6(F) of this Resolution, the Director will develop and
promulgate Rules and Regulations to carry out the Paid Time Off standards of this Section 5.
These Rules and Regulations must require that every Airport Employer comply with the
following policies:

A.   Eligibility. All Covered Employees have the right to Paid Time Off as provided
in this Section 5. In order to accrue Paid Time Off, a Covered Employee must work a minimum
often hours per work week within the physical boundaries of the Airport.

B.    Accrual. Eligible Covered Employees accrue at least one hour of Paid Time Off
for every 40 hours worked beginning at the commencement of employment with an Airport
Employer. A Covered Employee must be allowed to carry over to the following year a minimum
of 40 hours (more at the Airport Employer's discretion) of unused Paid Time Off.

C.    Allowances. Covered Employees are entitled to use accrued Paid Time Off by no
later than the 180th calendar day after the commencement of their employment.

D.   Retransfers and Rehires. The accrued Paid Time Off of a Covered Employee
separated from employment or transferred to a position outside the physical boundaries of the
Airport must be reinstated upon the rehire or retransfer by the same Airport Employer of the
Covered Employee to a position within the physical boundaries of the Airport within 180 days of
the initial separation or transfer.

Section 6.   Compliance, Reporting, and Enforcement.

A.   Annual Certication. Beginning in 2015, each Airport Employer must annually
certify to the Director that it is in compliance with Section 3 (Standards of Employment),


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Section 4 (Covered Employee Compensation), and Section 5 (Paid Time Off) of this Resolution
for that calendar year.

B.    Notice to Covered Employees. Airport Employers are required to provide notice
of the annual certication to their Covered Employees.

C.   Records of Compensation.  Airport Employers must retain payroll records
pertaining to Covered Employees for a period of three years documenting the Minimum Wage
paid, the Minimum Total Compensation paid, and the Paid Time Off accrued and used for each
Covered Employee.

D.   Retaliation Prohibited. Airport Employers are prohibited from interfering with,
restraining, or denying the exercise of, or the attempt to exercise, any right protected under this
Resolution.  Airport Employers are prohibited from taking adverse action or discriminating
against a Covered Employee for exercising in good faith the rights protected under this
Resolution, including: (a) the right to inform his or her employer, union, or similar organization
regarding the provisions of this Resolution; (b) the right to obtain legal counsel about an Airport
Employer's alleged violation of this Resolution; (0) the right to oppose any policy, practice, or
act that is allegedly prohibited by this Resolution; and (d) the right to inform other employees of
their potential rights under this Resolution.

E.    Penalties. Any Airport Employer found to be in violation of the Hourly Minimum
Wage, the Hourly Minimum Total Compensation, or the Paid Time Off requirements of this
Resolution, in addition to all other remedies available to the Port for violation of its rules and
regulations, is liable for and must pay to the Port of Seattle a penalty in the amount of three times
the difference between the Minimum Wage, Minimum Total Compensation, or Paid Time Off
amounts paid by the Airport Employer and the amounts due under this Resolution.  This
subsection 6(E) is not intended to limit any other right of action that a Covered Employee may
have against an Airport Employer for improperly withholding or diverting any portion of the
Covered Employee's wages.

F.    Rules and Regulations. The Director is authorized and directed to promulgate and
administer Rules and Regulations to carry out and enforce the provisions of this Resolution and
to provide a draft of any Rules and Regulations (or amendments) to the Port Commission,
Airport Employers, Covered Employees, and the general public at least 30 days before their
effective date. The Rules and Regulations must provide for Airport Employer reporting, periodic
audits of Airport Employer reports, and the procedures to receive and adjudicate complaints,
process appeals, and generally enforce the provisions of this Resolution and any assessed
penalties.  The Rules and Regulations must be consistent with state and federal law and
regulations.   The Rules and Regulations must take effect on the later date of either
(i) January 1, 2015, or (ii) 45 calendar days after the Washington Supreme Court issues a nal
judicial determination in BF Foods LLC v. City ofSeaTac, No. 13-2-25352, 2013 WL 6851515
(Wash.Super. Dec. 27, 2013).



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Section 7.   Severability.

The provisions of this Resolution are declared to be separate and severable.  If any
clause, sentence, paragraph, subdivision, section, subsection, or portion of this Resolution, or the
application of it to any employer, employee, or circumstance, is held to be invalid, including,
without limitation, a full or partial holding of invalidity or inapplicability based on preemption
by state or federal law, it shall not affect the validity of the remainder of this Resolution, or the
validity of its application to other persons or circumstances.

Section 8.   Other Legal Requirements.

This Resolution provides minimum hiring, training, compensation, and leave time
requirements and does not preempt, limit, or otherwise affect the applicability of any other law,
regulation, requirement, policy, standard, collective bargaining agreement, or private contract of
employment that provides for greater hiring, training, compensation, or leave time requirements.

Section 9.   Effective Date.

This Resolution will take effect and be in force immediately upon its adoption.


ADOPTED by the Port Commission of the Port of Seattle at a duly noticed public
meeting thereof, held this "~ day of         ,2014, and duly authenticated1n open                                'Sulg
session by the signatures of the Commissioners voting in favor thereof and the seal of the
Commission.

COURTNEY GREGOIRE
:'IY'IM'L  JOHN cmcmon
" 7
I0";   Q
"_./=___ - -NtE BOWMAN





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ADDENDUM A TO RESOLUTION NO. 3694 
MOTION 
OF THE PORT OF SEATTLE COMMISSION 
TO TEMPORARILY SUSPEND RESOLUTION NO. 3694 
PENDING CLARIFICATION OF WASHINGTON
SUPREME COURT CASE NO. 89723-9 
CONDITIONALLY ADOPTED 
SEPTEMBER 22, 2015 

TEXT OF THE MOTION 
The Commission intends to temporarily suspend Resolution No. 3694 pending clarification of
Washington State Supreme Court Case No. 89723-9. Suspension of Resolution No. 3694 will
become effective following a second vote on this motion at the next Commission public meeting.
Following a response from the Court on the motion filed September 9, 2015, the Commission
will address discrepancies between the City of SeaTac's Ordinance Setting Minimum
Employment Standards for Hospitality and Transportation Industry Employers (SeaTac
Ordinance 13-1020) and the Port's Resolution No. 3694. 
STATEMENT IN SUPPORT OF THE MOTION 
The Port of Seattle Commission adopted Resolution No. 3694 on July 22, 2014. The purpose of
the resolution was to support "safety and security at Seattle-Tacoma International Airport and the
necessary hiring standards, training opportunities, and minimum compensation required to
maintain a well-trained workforce at the Airport."  This policy addresses many similar
employment standards as SeaTac Ordinance 13-1020. 
Temporary suspension of Resolution No. 3694 will avoid confusion for Sea-Tac Airport's
tenants and business partners as they sort through the necessary details to implement SeaTac
Ordinance 13-1020.




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