6b Carpenters CBA redline
Item No.: 6b_Attach Meeting Date: April 23, 2019 Formatted: Different first page header Maintenance Agreement Between The Port of Seattle And The Pacific Northwest Regional Council of Carpenters January 1, 20162019 December 31, 20182021 Formatted: Right Contents ARTICLE I UNION RECOGNITION .................................................................................................................. 2 ARTICLE II MANAGEMENT RIGHTS ............................................................................................................... 2 ARTICLE III PAYROLL DEDUCTIONS ............................................................................................................... 3 ARTICLE IV SPECIAL AGREEMENTS ............................................................................................................... 5 ARTICLE V DEFINITIONS................................................................................................................................ 5 ARTICLE VI PROBATIONARY PERIOD ............................................................................................................ 5 ARTICLE VII HIRING NOTIFICATION .............................................................................................................. 6 ARTICLE VIIl TERMS AND CONDITIONS ........................................................................................................ 6 ARTICLE IX WORK WEEK/WORK DAY .......................................................................................................... 7 ARTICLE X OVERTIME .................................................................................................................................. 8 ARTICLE XI SHIFT DIFFERENTIALS ................................................................................................................ 8 ARTICLE XII UNION ACCESS .......................................................................................................................... 9 ARTICLE XIII SHOP STEWARDS ..................................................................................................................... 9 ARTICLE XIV FRINGE BENEFITS .................................................................................................................. 10 ARTICLE XV DEFERRED COMPENSATION ................................................................................................... 10 ARTICLE XVI NON-DISCRIMINATION .......................................................................................................... 11 ARTICLE XVII HOLIDAYS .............................................................................................................................. 11 ARTICLE XVIII PAID TIME OFF ..................................................................................................................... 14 ARTICLE XIX BEREAVEMENT LEAVE ........................................................................................................... 18 ARTICLE XX LABOR/MANAGEMENT .......................................................................................................... 18 AGREEMENT XXI SETTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION ................................................. 19 ARTICLE XXII SAVINGS CLAUSE ................................................................................................................... 21 ARTICLE XXIII SAFETY SHOES ...................................................................................................................... 21 ARTICLE XXIV FLEXIBLE SPENDING ACCOUNT ............................................................................................ 22 ARTICLE XXV BI-WEEKLY PAY ...................................................................................................................... 22 ARTICLE XXVI MISCELLANEOUS .................................................................................................................. 22 Formatted: Footer 1 1 Formatted: Right ARTICLE XXVII EFFECTIVE DATE AND DURATION ....................................................................................... 22 APPENDIX A WAGE RATES ......................................................................................................................... 26 APPENDIX B RCW 49.46.210 .................................................................................................................... 29 This Agreement is made and entered into by and between the Port of Seattle and the Pacific Northwest Regional Council of Carpenters on January 1, 20092019, for the purpose of establishing wages, hours of work, terms and conditions of employment and other items deemed important by the parties, and shall be subject to any Federal or State Law and the terms of the Port's Salary and Benefit Resolutions and, in accordance with existing State Law. Nothing in this agreement shall be construed to permit either the Union or any employee to cause or engage in a strike or stoppage of work, or slowdown or similar activity against the Port of Seattle. Should any provision hereof become unlawful by virtue of any Federal or State Law, or conflict with any resolution of the Port of Seattle, or any rule or regulation promulgated by the Port of Seattle, such provision shall be modified to comply with such law, resolution, rule or regulation. ARTICLE I Formatted: Font: Not Bold UNION RECOGNITION Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font Since the Pacific Northwest Regional Council of Carpenters is no longer affiliated with the Seattle/ King color: Auto County Building and Construction Trades Council, and desires to bargain independently from that Formatted: Font: Not Bold organization, the Port of Seattle reaffirms its recognition of the Pacific Northwest Regional Council of Carpenters, (hereinafter referred to as the "Union"), as the Collective Bargaining representative of the "unit employees" of the Port of Seattle who are employedin crafts or job classifications which would otherwise be covered by collective bargaining agreements between the Union and other employers performing similar scopes of work in the Puget Sound region, for the following purposes and subject to the following conditions: The Port recognizes the Union as the sole and exclusive bargaining agent for all employees of the Port performing work historically covered by this agreement or agreements prior to this agreement of which the Port and the Union were parties thereto. The Port of Seattle has in the past employed unit employees affiliated with the Union and intends to continue to do so if work performed by the Port of Seattle is available for such employees. All of the Port of Seattle's unit employees shall enjoy the wages and benefits established by the Port's Formatted: Indent: Left: 0", First line: 0" Wage and Benefit Resolution and shall continue to enjoy such wages and benefits on a basis comparable Formatted: Justified, Space After: 10 pt to the wages and benefits paid by other employers of such employees in this area. Formatted: Font: Not Bold Formatted: Heading 1 ARTICLE II Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto MANAGEMENT RIGHTS Formatted: Font: Not Bold Formatted: Footer 1 2 Formatted: Right The Port retains all rights except those rights that are limited by the subsequent Articles of this Agreement or applicable law. Nothing anywhere in this agreement shall be construed to impair the right of the Port to conduct all its business in all particulars except as modified by the subsequent articles of this Agreement and the Letter of 1965 as attached (Appendix A).. The Port _________ PNRCC__________of Seattle retains the Formatted: Left, Space After: 0 pt right: a. to determine any given employee's craft or job classification and whether or not such employee Formatted: Indent: Left: 0" is a unit or non-unit employee; Formatted: Indent: Left: 0", Hanging: 0.5" b. to direct the work of its employees; c. to hire, promote, transfer, assign, and retain employees' positions within a given craft, job Formatted: Indent: Left: 0" classification, or department, to secure its regular or steady employees from the local community, to specify certain employees as steady employees of the Port, and to suspend, demote, discharge, or take other disciplinary action against employees; Formatted: Indent: Left: 0", Hanging: 0.5" d. to relieve employees of duties because of lack of work or for other legitimate reasons; Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", Hanging: 0.5" e. to subcontract or assign work to other employers; f. to maintain the efficiency of all Port operations; g. to determine the methods, means, and personnel by which such operations are to be Formatted: Indent: Left: 0" conducted; and Formatted: Indent: Left: 0", Hanging: 0.5" h. to take whatever action may be necessary to carry out the work of the Port in situations of Formatted: Indent: Left: 0" emergency. Formatted: Justified, Space After: 10 pt Formatted: Font: +Body (Calibri), 11 pt, Font ARTICLE III PAYROLL DEDUCTIONS color: Auto MAINTENANCE OF MEMBERSHIP Formatted: Font: Not Bold Formatted: Heading 1 Formatted: Footer 1 3 Formatted: Right All present employees who are members of the Union on the date of signing of this agreement shall remain members as a condition of employment. Present employees who are not members of the union at the date of the execution of this agreement shall become members of the union within the time period specified under the union's Master Labor Agreement and shall remain members as a condition of employment. No employee will be terminated under this agreement if the Port has reasonable grounds for believing: 1. That union membership was not available to the employee on the same terms and conditions generally applicable to other union members, or 2. That union membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fee uniformly required as a condition of acquiring or retaining membership. The Port shall discharge or otherwise cause the termination of employment of non-complying employees upon receipt of written request to the Port'sSenior Director of Labor Relations from the union. Prior to sending a written request for termination to the Port, the union shall notify the affected employee of its intention to request termination. Such termination of employment shall be within five (5) working days of receipt of written request by the Port's Director of Labor Relations. The Port agrees to deduct from the paycheck of each employee covered by this agreement who has so authorized it by signed notice submitted to the Port, the initiation fee, and monthly dues. The Port shall transmit such fees to the Union once each month on behalf of the members involved. If a dues error is identified the error will be addressed as soon as practicable following notice to the Port. The Union agrees to indemnify and hold the Port harmless against any liability which may arise by reason of any action taken by the Port to comply with the provisions of this Article. The Port will promptly notify the Union in writing of any claim, demand, suit, or other form of liability asserted against it relating to its implementation of this Article. As per the requirements of RCW 41.56.037, the Port agrees to provide authorized representatives of the Union, up to thirty (30) minutes access to new bargaining unit employees within ninety (90) days from the employee's date of hire. It is agreed, that it shall be up to the Union to contact the respective Department Manager or designee to schedule a mutually agreeable time and location at the worksite for the access to take place. It is further agreed that the Port is only obligated to compensate the new employee for the time spent (up to 30 minutes) during regular working hours during this scheduled access. The Port shall advise the Union of the names and addresses of Port employees covered by this Agreement within seven (7) calendar days following the date of employment. Formatted: Footer 1 4 Formatted: Right Upon request of the Union or the Port, the parties agree to midterm bargaining on the subjects covered in this Article. ARTICLE IV Formatted: Font: Not Bold SPECIAL AGREEMENTS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font It is agreed that the Port of Seattle and the Union may execute separate special agreements regarding color: Auto special conditions not covered by this Maintenance Agreement or the letter of 1965 or area Master Formatted: Font: Not Bold Labor agreement. Such special agreements may supplement this Maintenance Agreement or the area Master Labor Agreement. Appendices shall be located at the end of this agreement. ARTICLE V Formatted: Font: Not Bold DEFINITIONS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font A. Regular Employees: Regular employees shall mean those employees who have been hired by the color: Auto Port as Full Time Equivalents (FTE's) in accordance with the Port's required posting and selection Formatted: Font: Not Bold procedures. Formatted: Indent: Left: 0.4", Space After: 0 Port _________ PNRCC__________ pt B. Apprentices: Apprentice employees are those employees who are registered with the State of Washington and are participating in a State approved training program administered by a State approved joint labor-management committee. C. Temporary and Emergency Employees: Temporary and emergency employees shall mean those employees who have been hired by the Port to meet temporary needs. Such employees are hired without the necessary posting requirements to qualify them for regular employment. The employment period for a temporary or emergency employee shall not exceed one hundred eighty (180) calendar days between employment and termination. D. Emergency: Civil emergencies such as, but not limited to, earthquakes, floods, extreme weather, or fire will be declared by the CEO of the Port. ARTICLE VI Formatted: Font: Not Bold PROBATIONARY PERIOD Formatted: Heading 1, Centered, Indent: Left: 0", First line: 0" A new employee, excluding temporary or emergency employees, shall be subject to a one hundred and Formatted: Font: +Body (Calibri), 11 pt, Font eighty (180) calendar day probationary period commencing with his/her first compensated day of regular color: Auto employment. The probationary period shall be extended one (1) day for each day that the employee is Formatted: Font: Not Bold absent. During this period, such employee shall be considered as being on probation subject to termination at any time at the sole discretion of the Employer. Discharge of an employee during this probationary period shall not be subject to the Grievance Procedure. Formatted: Footer 1 5 Formatted: Right ARTICLE VII Formatted: Font: Not Bold HIRING NOTIFICATION Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font A. Notification of Vacancies: The Port will advise the Union at the time of any employment color: Auto openings. Openings for job vacancies in aviation maintenance will also be posted on the Port of Formatted: Font: Not Bold Seattle's website. B. Notification of Employees Hired: The Port shall advise the Union of the names and social security numbers of Port employees covered by this Agreement within seven (7) calendar days following the date of employment. Formatted: Font: Not Bold Formatted: Heading 1 Port _________ PNRCC__________ ARTICLE VIIl Formatted: Font: Not Bold TERMS AND CONDITIONS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto A. Port Rate: The Port shall pay, on an hourly basis, to all regular journey level employees an hourly rate equal to 88% of the construction rates as defined by the Area Master Labor Agreement between the Union and their construction contractors. for the following general classifications only, Carpenter, Pile Driver, & Millwright, and applicable apprenticeship rates. This shall not apply under circumstances defined by paragraphs B. and C. below. Crew Chief/Foreman rates and rates for other classifications shall be adjusted accordingly, keeping their existing relationships to Port journey level rates. Downtown Seattle Zone Pay is not applicable to the maintenance agreement. The Port rate applies to all maintenance work. It shall also apply to new construction pursuant to RCW 53.08.120 if the work is performed by employees covered under this Maintenance Agreement. B. Compound Crew Chief/General Foreman Pay: Effective upon ratification by the parties, theThe Formatted: Underline calculation of Crew Chief/Foreman pay will be fifteen percent (15%) above the Port of Seattle full-time employee (FTE) rate of pay in each classification (Millwright, Carpenter, and PilebuckPile Driver). Supervision of members of other crafts, contracted employees or temporary or emergency hires will have no impact on the pay rates for Crew Chiefs/Foremen. Formatted: Footer 1 6 Formatted: Right Similarly, General Foreman pay will be calculated at ten percent (10%) above the Port of Seattle full-time employee Crew Chief/Foreman rates. C. Termination Pay: A regular employee who is terminated because of lack of work, or a cut back in the number of employees, who has worked less than one year will be paid off at the construction wage rate starting at the date of employment, for the time worked less payment received for holidays and vacations. Such adjusted construction wage rate termination payments shall be limited to employees who are laid off solely to reduction in force. D. Construction Conditions for Emergency Hires: All emergency employees hired by the Port shall Formatted: List Paragraph, Left be paid on a per diem basis at the construction rate with fringe benefits as provided for in the Area Master Labor Agreement. Unless and/or until such time that the Area Master Labor Agreement provides for paid leave as required by law, Emergency Hires shall be entitled to accrue and utilize paid sick leave as defined and administered in accordance with the minimum requirements of the Washington State Paid Sick Leave Law, RCW 49.46.200, which shall be conspicuously posted and updated as required by law. Formatted: Font: 12 pt E. Apprenticeship: The Port and the Union agree that it is important to have a highly trained work force. To this end the Port agrees to work with the Union on developing policies promoting the employment of apprentices as part of the work force covered by this Agreement. Formatted: Font: Not Bold Formatted: List Paragraph, Left Formatted: Justified, Space After: 0 pt Port _________ PNRCC__________ ARTICLE IX Formatted: Font: Not Bold WORK WEEK/WORK DAY Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto A. A normal workweek shall be defined as: Formatted: Font: Not Bold A. 1. Standard Work Week Five (5) consecutive days beginning on Monday and ending on Formatted: Indent: Left: 0.4", No bullets or numbering Friday. There shall be two (2) consecutive days rest period between standard workweeks. 2. 4-10 Work Week Four (4) consecutive days beginning on Monday and ending on Thursday or beginning on Tuesday and ending on Friday. There shall be three (3) consecutive days rest period between 4 -10 workweeks (Friday, Saturday and Sunday or Saturday, Sunday and Monday). Formatted: Footer 1 7 Formatted: Right B. A standard workday shall be defined as: 1. Eight and one-half (8-1/2) consecutive hours of which a meal period of one-half (1/2) hour would be included on the employee's time, or 2. Ten and one-half (10-1/2) consecutive hours of which a meal period of one-half (1/2) hour would be included on the employee's time. 3. A thirty (30) minute meal period shall be granted after four (4) consecutive hours of an eight (8) hour shift and after five (5) consecutive hours of a ten (10) hour shiftin accordance with RCW 49.12, WAC 296-126-092. C. The workweek may be changed or modified to meet operational requirements as provided in the Area Master Labor Agreement. Any changes will occur only after consultation with the Union. D. Article VIII A. and B. apply unless otherwise modified as provided in this Agreement. ARTICLE X OVERTIME Formatted: Font: +Body (Calibri), 11 pt, Font OVERTIME color: Auto Formatted: Heading 1 Formatted: Font: Not Bold A. Overtime in excess of the regular workday and on regular days off will be at time and one-half (1-1/2) unless a higher rate is required by a Union's building and construction trades agreement or by letter of agreement that has been negotiated and agreed to by the Port. B. Hours worked prior to an established shift and hours worked after an established shift will be at overtime wagerate. On a Monday through Friday the first four (4) hours will be at time and half (1 ). All additional shall be at two (2) times the straight time rate of pay. On a four ten (10) hour shift Monday through Thursday the first two (2) hours will be at time and half (1 ). All additional shall be at two (2) times the straight time rate of pay. Port _________ PNRCC__________ C. Unless otherwise agreed with the Port, other premium rates will be the same as those set in the Area Master Labor Agreement. ARTICLE XI Formatted: Font: Not Bold Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto SHIFT DIFFERENTIALS Formatted: Heading 1 A. Day Shift: Day shift shall be the nearest starting time to 8:00 a.m. Formatted: Footer 1 8 Formatted: Right B. Swing Shift: Swing shift shall be the nearest starting time to 4:00 p.m. Actual start times may be between 1:00p.m. and 6:00p.m. Employees working a full eight (8) hour shift shall receive a shift differential of 10% over their regular rate when required to work swing shift. When the Area Master Labor Agreement affords employees eight (8) hours pay for working less than a full eight (8) hour shift, employees shall receive a shift differential of 7.5% over their regular rate when required to work swing shift. C. Graveyard Shift: Graveyard shift shall be the nearest starting time to 12:00 midnight. Actual start times may be between 10:00p.m. and 1:00 a.m. Employees working a full eight (8) hour shift shall receive a shift differential of 15% over their regular rate when required to work graveyard shift. When the Area Master Labor Agreement affords employees eight (8) hours pay for working less than a full eight (8) hour shift, employees shall receive a shift differential of 10% over their regular rate when required to work graveyard shift. D. Unless otherwise agreed with the Port, other premium rates will be the same as those set in the Area Master Labor Agreement. Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto ARTICLE XII UNION ACCESS Formatted: Heading 1 BUSINESS REPRESENTATIVE ACCESS Formatted: Heading 1 Char, Font: +Body (Calibri), 11 pt The Port agrees to allow reasonable access to Port facilities excluding the AOA (Airport Operations Area) Formatted: Left, Line spacing: Multiple 1.15 li for business representatives who have been properly authorized by the Union. Such access shall be permitted in a manner as not to interfere with the functions of the department or the Port. This Article shall apply within the constraints of Federal or State regulations and statutes, and the Airport Security Plan. Port _________ PNRCC__________ ARTICLE XIII Formatted: Font: Not Bold SHOP STEWARDS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto The Union has the right to appoint a maximum of three (3) shop stewards, one per shift plus an Formatted: Font: Not Bold alternate. Those shop stewards shall have the right to engage in necessary contract-related matters including advising employees and assisting those facing discipline without loss of pay irrespective of Formatted: Footer 1 9 Formatted: Right when those events occur. Claims of alleged abuse of this right are matters for the grievance and arbitration procedure set forth in this Agreement Shop Stewards on behalf of the Union shall have the authority to represent employees in the processing of complaints or grievances. The Port understands that Shop Stewards are agents of the Union, but as agents, their decisions in resolving matters are subject to Union approval. ARTICLE XIV Formatted: Font: Not Bold FRINGE BENEFITS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font A. Benefit Coverage: The Port shall continue to provide benefits coverage under the color: Auto conditions set forth in the Area Master Labor Agreement in the same amount and manner now Formatted: Font: Not Bold in effect or hereafter modified during the term of this Agreement which has been historically followed by the Port. Fringe benefit contributions shall not be made on vacation hours paid, on holiday paid hours, or on bereavement paid hours not worked. However, contributions shall be made on holiday hours worked. B. Trust Agreements: The Port and the appropriate UnionsUnion adopt and shall be bound by the terms and conditions of such trust or trusts as set forth in the current Area Master Labor Agreement. The action heretofore or hereafter performed by the Trustees of such trust or trusts are hereby adopted by the Port and the Union. Fringe benefit contributions shall not be made on vacation hours paid or on holiday paid hours not worked. However, contributions shall be made on holiday hours worked. C. Health and Welfare: For the term of the contract, if the employer's premium Formatted: Underline contribution on benefits increase at any time and such increase exceeds five percent (5.0%) of Formatted: Left, Indent: Left: 0.5", Space the employer's premium contribution rate in existence in the previous contract year, the parties After: 10 pt, No bullets or numbering, Adjust agree to reopen the contract on the issue of health benefits only to bargain premium cap limits, space between Latin and Asian text, Adjust space between Asian text and numbers, Tab premium share, or some other means of controlling future premium increases. stops: Not at 0.5" Port _________ PNRCC__________ The Union will assist the Port in acquiring information from the medical benefits trust to insure that the Port is in compliance with the Affordable Care Act. At any time during the term of the agreement, if the benefits provided by the Carpenter's Trust of Western Washington become subject to an excise penalty, the parties agree to meet and discuss the impact. Formatted: Heading 1, Indent: Left: 0", First line: 0" Formatted: Font: Not Bold ARTICLE XV Formatted: Footer 1 10 Formatted: Right DEFERRED COMPENSATION Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font Employees shall be eligible for participation in the Port of Seattle's Deferred Compensation Plan as color: Auto revised December 8, 1981. Eligibility and participation of employees shall be subject to the terms and Formatted: Font: Not Bold conditions of such plan including any plan amendments, revisions, or possible cancellation. It is further agreed that content of the plan itself, plan administration, and any determinations made under the plan shall not be subject to grievance or arbitration procedures or to any other provisions of thethis Maintenance Agreement or the Letter of 1965, the Area Master Labor Agreement or to negotiation by the Union. ARTICLE XVI Formatted: Font: Not Bold NON-DISCRIMINATION Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto The Port of Seattle is an equal opportunity employer. The Port embraces, and in fact relies on having a Formatted: Font: Not Bold diverse workforce. Every employee has the right to work in surroundings that are free from all forms of Formatted: Heading 1 unlawful discrimination. The It is mutually agreed between the Port and the Union will not engage in, or tolerate, any that there shall be no discrimination in the workplace prohibited by local, state or federal law. Specifically, no against any employee will be discriminated against on the basisor applicant for employment or against any Union member or applicant for membership because of his or her age, race, color, creed, national origin/, ancestry, religion, disability, Family Medical Leave Act (FMLA) use, sex, pregnancy, sex/gender, identity, age (over 40), sexual orientation, whistleblower status, marital status, religion, military status, disability, marital status, political ideology, whistleblower status, use of workers' compensation, transgender status, political beliefs, Family Medical Leave Act (FMLA) use, or any other category protected by applicable federal , state, or local law ("Protected Status").. ARTICLE XVII Formatted: Font: Not Bold Formatted: Heading 1 Char, Font: Not Bold Formatted: Heading 1 HOLIDAYS Formatted: Heading 1 Char, Font: +Body (Calibri), 11 pt, Font color: Auto A. Designated Holidays: The following twelve (12) days, or days in lieu thereof, shall be observed Formatted: No Spacing, No bullets or and recognized as paid holidays for regular employees as set forth in this Article. numbering Formatted: No Spacing, Indent: Left: 0" Port _________ PNRCC__________ Formatted: Footer 1 11 Formatted: Right New Year's Day January 1 Formatted: Line spacing: 1.5 lines Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Native American Heritage Day (Day After Thanksgiving Fourth Friday in November) Christmas Day December 25 Three (3) Employee Designed FloatersToFloaters to be taken any time during contractcalendar Formatted: Space After: 0 pt, Line spacing: 1.5 lines year Any date commonly observed, as designated by State or national authority, may be observed as a holiday and paid for as such in lieu of the date designated above for the paid holidays listed. B.A. Other Holiday Observance Considerations: Whenever any of the above holiday falls on a regular employee's normal day off, either the last scheduled workday of the employee's previous workweek or the first scheduled workday of the following week shall be observed as the holiday and paid for accordingly. In such an instance the Port shall decide whether the last preceding workday or the first workday of the following week is to be observed. C.B. Holiday Pay Rate and Qualifications: Each regular employee shall receive eight (8) or ten (10) hours' holiday pay at his/her hourly (day shift) rate of pay for the holidays designated in A. above, provided: 1. The employee has been employed by the Port as a regular employee for thirty (30) calendar days. 2. That the regular employee worked the regularly scheduled workday prior to, and the first scheduled workday following the holiday. (to the extent permitted by law). Exceptions will be made in cases where absence on the workdays prior to or following were due to: a) An industrial injury sustained in the course of his/her employment. Formatted: Footer 1 12 Formatted: Right b) A bona fide illness covered by a Doctor's certificate and when the employee has not been off as a result of such injury or illness for a period of more than two (2) weeks preceding such holiday. Employees who are absent due to an industrial injury on the holiday and who receive Washington State Workers' Compensation for the date of the holiday shall not additionally receive holiday pay. Formatted: Indent: Left: 0", Space After: 10 pt, Line spacing: Multiple 1.15 li Port _________ PNRCC__________ c) Port-related court appearances as confirmed by Port counsel, d) Jury duty when jury service occurs on the employee's regularly scheduled shift, e) Military leave, f) Non-Port related court appearances should be reviewed on a case-by-case basis and may or may not be qualifying. However, appearance as a subpoenaed prosecution witness would be qualifying (date subject to confirmation by counsel of record), g) When leave without pay is scheduled the day before or the day after the holiday, and provided the leave is approved by management at least forty-eight hours in advance, h) Other absences not covered by this article, which occur while the employee is on leave without pay, would be disqualifying. D.C. Holidays and Vacations: If a holiday falls within the vacation period of a regular employee, the employee shall be paid as set forth above for such holiday, provided the employee works the last scheduled workday prior to and the first scheduled workday following the employee's vacation. E.D. Pay for Time Worked on Holidays: Regular employees who perform work on any of the above holidays shall be paid, in addition to holiday pay, the actual time worked at the overtime rate; however, the minimum shall be four (4) hours at the overtime rate of pay. F.E. Holiday Pay for Shift Workers: Regular employees normally working shift will be paid at the rate of the shift rate to which the employee is assigned. Formatted: Footer 1 13 Formatted: Right G.F. Accumulation of Floating Holidays: Regular employees will be permitted to accumulate "Employee Designated floaters" and may carry from year to year a maximum of forty (40) hours. Any hours in excess of forty (40) not used by the end of a given year will be forfeited. Formatted: Heading 1, Centered Port _________ PNRCC__________ ARTICLE XVIII Formatted: Font: Not Bold PAID TIME OFF Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto A. Rates of Accrual: Effective upon ratification between the parties paid time off is earned Formatted: Font: Not Bold as follows: From Date of Hire Through 59th Month: Based on the first day of employment, from the first full month to and including the fifty-ninth (59th) full month of continuous employment, regular employees shall accrue paid time off at the rate of .07538 per compensated straight time hour ( .(.07538 x 2080 annual hours = 156.6 hours per year). From the 60th Month Through 119th Month: From the sixtieth (60th) full month to and including the one hundred ninteenthnineteenth (119th) full month of continuous employment, regular employees shall accrue paid time off at the rate of .09462 per compensated straight time hour ( .(.09462 x 2080 annual hours = 196.8 hours per year). From the 120th Month Through 179th Month : From the one hundred twentieth (120th) full month to and including the one hundred seventy ninethninth (179th) full month of continuous employment , regular employees shall accrue paid time off at the rate of .10423 per compensated straight time hour ( .(.10423 x 2080 annual hours = 216.8 hours per year). After 180th Month: After completion of fifteen (15) years of continuous employment starting with one Formatted: Underline hundred eightieth month, regular employees shall accrue paid time off at the rate of .11385 per compensated straight time hour (.11385 X 2080 annual hours = 236.8 hours per year). B. Limits on Accumulating Paid Time Off: Paid time off accumulation shall be limited to four hundred and eighty (480) hours. C. Paid Time Off for Shift Workers: Regular employees normally working shift will be paid at the rate of the shift rate to which the employee is assigned, provided the employee works more than fifty percent (50%) of their hours on such shift. D. Scheduling of Paid Time Off: Paid time off assignments will be made at the Port's discretion, following six (6) months of continuous service. A reasonable method for giving due consideration to the employee's requests will be developed by management for paid time off schedules. Formatted: Footer 1 14 Formatted: Right Formatted: Indent: Left: 0", First line: 0" Port _________ PNRCC__________ E. Layoff: Employees who are laid off or without work through no fault on the part of the employee will not suffer a break in length of service for paid time off purposes provided they are rehired within six (6) months of the date of the layoff. However, no paid time off will accrue during that period of time. F. Same-Day Call Ins: SameNon-protected (e.g. FMLA, WPSL, FCA), same day call-ins shall be limited to five instances per rolling calendar year. Continuous consecutive days subsequent to the call in shall only count as one call in. G. Physician's Release: If an employee is absent longer than two weeks due to illness, surgery or accident or has experienced hospitalization of any kind, the employee has the responsibility to report the illness, injury or accident to his/her manager at the first opportunity, and he/she ismay be required to submit a physician's release as fit for duty to the manager prior to returning to work. Physician's releases with restrictions (i.e. light or limited duty) will be considered on a case-by-case basis, and while not guaranteed, accommodations will be examined. H. Leaves of absence without pay: Leaves of absence without pay (LWOP) will be approved on a case-by-case basis, based on the needs of the work group. Requests for leave without pay are not guaranteed time away from work place and will not be authorized unless all appropriate paid leave accruals have been exhausted. When the absence is for personal reasons, all paid vacation leave and floaters must have been exhausted first. Authorization of LWOP requests will be considered on a case-by-case basis, with consideration of workload and personal circumstances. LWOP will be limited to forty (40) hours per calendar year, with allowance for special considerations at management's discretion. I. Paid Time Off Accruals for Emergency hires who convert to Regular Employees: Emergency hires who convert to regular employees shall have their hire dates adjusted by the time employed as an emergency hire during the previous one hundred eighty (180) calendar days for the purpose of determining their appropriate paid time off accrual rate, but shall not earn accruals for the time spent as an emergency hire. The total calendar time period including weekends shall be used to compute the adjusted date of hire for an individual who was originally employed as an emergency hire, but in no case shall the adjusted date of hire as a regular employee be more than one hundred and eighty (180) days. Formatted: Footer 1 15 Formatted: Right J. Voluntary Cash-Out of Paid Time Off Hours: Employees may cash-out paid time off (PTO) according to the limits and procedures for the cash out of PTO as applied to non-represented employees. They shall be notified of changes to the limits and procedures affecting PTO cash out. Formatted: Left, Indent: Left: 0.5" Port _________ PNRCC__________ K. Extended Illness (EI): Effective upon ratification by the parties, eligible,Sick Leave: Eligible full- time employees will accrue Extended IllnessSick leave at the rate of a half-day a month (.02308.025 hours accrued per straight-time hour paid). Extended Illnessfor all hours compensated. Sick leave may accumulate with no maximum limit. In the event of illness, Extended Illness leaveSick Leave up to the accrued balance may be used after employment of at least 30 days. Extended Illness leave Sick Leave can be used for instances of an absence resulting from an employee or immediate family membermember's mental or physical illness, injury or disability. Extended Illness leave can also , or health reason; to accommodate a need for medical diagnosis, procedure, care or treatment; or need for preventative medical care. In addition, Sick leave may be used for an: A qualifying FMLA or FCA absence; For absences that qualify for leave under the Domestic Violence Leave Act; When the employee's preventive health care appointments. "Preventive work location has been closed by order of a public official for any health care appointments" are limited to -related reason; When an employee's annual physical, dental, vision and cancer screening examinations. Immediate family shall be child's school or place of care has been closed for a healthrelated reason (not weather related). Employee's manager may require a physician's or health care provider's statement to justify the use of Sick Leave after the absence exceeding three (3) days. Family member, for Sick Leave purposes is defined as a spouse or domestic partner and the Formatted: Normal, Indent: Left: 0.5" parents orof children of the employee, or their spouse or domestic partner; as well as the employee's siblings, grandparents or grandchildren. In special circumstances, Human Resources and Development Management may include others in this definition. In the instance of employee illness, injury or disability, Extended Illness leave may be used only after the equivalent of two working days of absence over the course of three consecutive workdays. The first two working days will be charged to Paid Time Off (PTO) accounts. However, Formatted: Footer 1 16 Formatted: Right Extended Illness leave may be used immediately for in-patient hospitalization; workers compensation injuries or illnesses; approved Family and Medical Leave Act leave related to a medical condition of an employee or an eligible family member; illness, injury or disability of an immediate family member under the Washington Family Care Act; illness, injury or disability of a probationary employee; preventive health care appointments; or if PTO is exhausted. Intermittent leave (with no more than 15 days between absences) caused by the same medical condition may be charged to Extended Illness without using the equivalent of two working days of PTO at the start of each subsequent absence. Management may at any time require a physician's statement to justify use of Extended Illness leave. A physician's release shall be required prior to the return to work by an employee who has experienced inpatient hospitalization of any kind that requires an absence from work or who has suffered an absence of longer than two weeks due to illness, surgery, or an accident. For the purposes of the benefits provided under this article, an employee and their domestic partner must complete an Affidavit of Marriage/Domestic Partnership. Upon termination or retirement immediately following five consecutive years of active employment with the Port of Seattle, an eligible employee shall be compensated for 50% of his or her Extended IllnessSick Leave accrued balance at the employee's hourly rate of pay in effect at termination or retirement. Port _________ PNRCC__________ Reinstatement of unused Sick Leave at Termination will be reinstated upon rehire within 12 months. Employees shall be entitled to accrue and utilize Sick Leave only in accordance with the minimum requirements (e.g. 40-hour accrual rate limits) of the Washington State Paid Sick Leave Law, RCW 49.46.200, which shall be appended to this agreement and conspicuously posted and updated as required by law. L. Paid Parental Leave. The Port shall continue to provide Paid Parental Leave to members of this bargaining unit. Eligibility, participation, and terms of the Paid Parental Leave shall be provided to the bargaining unit members as outlined in Port policy HR-5. The Port may change or modify its Paid Parental Leave policy and/or procedures. If the Port desires a change/modification the Port agrees to provide the Union with advance written notice. In the event a bargaining unit member made application for Paid Parental Leave prior to the written notice of change/modification and said change/modification was to eliminate or shorten Paid Parental Leave, said employee will be allowed Paid Parental Leave in existence at the time of their application. Formatted: Footer 1 17 Formatted: Right M. Paid Family Leave. The Port shall comply with the requirements of the Washington Paid Family and Medical Leave Act and shall have full discretion on meeting those requirements (e.g. Voluntary Plan), which shall not be subject to the grievance procedure or to any other provision of this Agreement or to negotiation by the Union. However, the Port agrees, that for the term of this agreement, the Port shall make contributions to the chosen plan (i.e. State, Approved Voluntary) on the employee's behalf. ARTICLE XIX Formatted: Font: Not Bold BEREAVEMENT LEAVE Formatted: Heading 1, Tab stops: Not at 0.88" + 1.88" + 2.63" Employees who have been employed for at least thirty (30) days of uninterrupted service and who Formatted: Font: +Body (Calibri), 11 pt, Font suffers a death in their immediate family shall be allowed three (3) working days off to attend the color: Auto funeral and shall be compensated eight (8) or ten (10) hours' pay for each day's absence at the Formatted: Font: Not Bold employee's straight-time rate as a result of the employee's absence. In cases where emergency factors of long distances are involved, the employee may request up to two (2) additional paid days leave. Individual circumstances such as the distance to the funeral and the extent of employee involvement with the arrangements for the deceased shall be considered in determining the number of days to be granted an employee. Immediate family shall be defined as spouse or domestic partner or daughter, son, mother, father, sister, brother, grandparents, grandchildren, stepmother, stepfather, stepchildren, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law and son-in-law of aan employee or spouse or domestic partner. An employee and a domestic partner must complete an Affidavit of Marriage/Domestic Partnership which requires them to declare that they: (1) Share the same regular and permanent residence. (2) Have a close personal relationship. (3) Are jointly responsible for basic living expenses. (4) Are not married to anyone. (5) Are each 18 years of age or older. (6) Are not related by blood closer than would bar marriage in the State of Washington. (7) Were mentally competent to consent to contract when the domestic partnership began. (8) Are each other's sole life partner and are responsible for each other's common welfare Formatted: Font: Not Bold Formatted: Heading 1 ARTICLE XX Formatted: Font: +Body (Calibri), 11 pt, Font LABOR/MANAGEMENT color: Auto Formatted: Font: Not Bold Formatted: Footer 1 18 Formatted: Right The parties recognize it is in their best interest to develop and maintain a good on-going working relationship that promotes further development of trust, communication and cooperation. Therefore, the parties agree to establish a Labor/Management Committee for the purpose of developing a cooperative problem-solving forum on issues of common concern. It is understood and agreed that the Labor/Management Committee has no authority to amend or negotiate the Labor Agreement. Port _________ PNRCC__________ AGREEMENT XXI Formatted: Font: Not Bold SETTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font A. Strikes and Lockouts: In recognition of the Port's status as a municipal corporation, there color: Auto shall be no strikes, lockouts, picketing, work stoppages or similar activities to impede the Port's Formatted: Font: Not Bold operation. B. Resolution of Disputes: The parties shall in good faith work jointly toward resolution of disputes. If any dispute cannot be settled at the plant (shop) level, it shall be reduced to writing and referred to a representative of the Union and the Port. Formatted: Indent: Left: 0" In the event that a dispute arising on the job the following grievance procedure shall be followed to address the dispute: Step One: In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the dispute shall promptly (not later than fifteen (15) working days), be referred to the authorized representative of the Union and the Employer or their authorized representative. Should they fail to affect a settlement, the matter shall proceed to Step Two. By mutual agreement Step Two may be waived. Step Two: The dispute shall be referred to a Board of Conciliation within fifteen (15) working days or at the option of either party this Step may be waived, and the matter will proceed to Step Three. This Board shall consist of two (2) persons who have no direct involvement in the dispute, appointed by each party. If these four (4) persons cannot affect a settlement within seven (7) days after the dispute has been referred to them the matter shall proceed to Step Three. Step Three: The issue shall be referred to mediation. The parties shall request a mediator from either the Federal Mediation & Conciliation Service (FMCS), or the Public Employment Relations Commission (PERC), or other mutually acceptable services. This person shall serve as the mediator to resolve the dispute. The expense of employing the mediator shall be borne Formatted: Footer 1 19 Formatted: Right equally by both parties and each party shall be responsible for their own attorney fees and costs. Should the parties fail to reach agreement, the matter shall proceed to Step Four. Step Four: The parties shall request a list of seven arbitrators from FMCS, PERC, or other acceptable services and shall alternately strike names until only one name remains. This person shall serve as the arbitrator to resolve the dispute. The expense of employing the arbitrator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs. The decision of the arbitrator shall be final and binding. Any decision rendered relative to the aforementioned steps shall be within the scope and terms of this Agreement. By mutual agreement, the aforementioned time frames in this Article may be waived or extended. C. Union Representation: The Union shall not be required to press employee grievances if, in the Union's opinion, such lack merit. With respect to the processing, disposition and/or settlement of any grievance, including hearings and final decisions of arbitrators, the Union shall be the exclusive representative of the employee(s) involved. D. Discharge or Suspension for Just Cause: The Port may discharge or suspend any employee for just and sufficient cause. With the exception of a discharge or suspension for gross misconduct, no regular employee shall be discharged or suspended unless a written notice shall previously have been given to such employee of a complaint against the employee concerning the employee's work or conduct. Discipline to be considered valid shall be issued within thirty (30) working days of the date of violation or knowledge of the violation. Should the employer request an extension of time for further investigation, such thirty (30) work day period shall be extended for purposes of that investigation. In cases of gross misconduct, such as, but not limited to, instances involving theft or physical assault, immediate discharge or suspension may be accomplished without prior warning notice. Warning notices must be timely. With the exception of a discharge or suspension for gross misconduct or disciplinary investigation in which an extension of time is requested by the employer, any disciplinary action shall be null and void unless issued in writing and given to the employee and sent to the Union within thirty (30) working days of such violation. (If the employee is unavailable, the warning notice may be sent to his/her last reported home address.) E. Written Warnings: A copy of a warning notice shall be sent to the Union at the time it is given to the regular employee. Formatted: Footer 1 20 Formatted: Right Formatted: Justified, Indent: Left: 0", Space After: 10 pt Port _________ PNRCC__________ F. Protest of Discharge, Suspension, or Written Warnings: Any regular employee may request an investigation of his/her discharge, suspension, or warning notice; and the Union shall have the right to protest any such discharge, suspension, or warning notice. Any such protest shall be presented to the Port in writing within fifteen (15) working days after the discharge, suspension, or warning notice; and if not presented within such period, the right of protest shall be waived. G. Notice of Discharge: The Port shall give to a discharged regular employee a written notice of termination and at the same time send a copy to the Union. Formatted: Heading 1 ARTICLE XXII Formatted: Font: Not Bold SAVINGS CLAUSE Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font If any provision of this Agreement or the application of such provision shall in any court or other color: Auto Governmental action, be held invalid, or if any provision of this Agreement becomes impacted because Formatted: Font: Not Bold of a change in Port Personnel policy, the remaining provisions and their application shall not be affected thereby. Provided, however, upon such invalidation or change in Personnel policy the parties signatory hereto agree to immediately meet to renegotiate such parts or provisions affected. The parties agree to arrive at a mutually satisfactory replacement within sixty (60) days unless a definite extension of time is mutually agreed to. ARTICLE XXIII Formatted: Font: Not Bold SAFETY SHOES Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font The Port shall pay regular employees a $100150.00 stipend each contract year for the purchase price or color: Auto repair of ANSI approved footwear ( Z41-1999), American National Standard for Personal Protection. The Formatted: Font: Not Bold Port shall pay employees who have accrued at least 1,000 hours of work a $100150.00 stipend each contract year for the purchase price or repair of ANSI approved footwear ( Z41-1999), American National Standard for Personal Protection. The stipend shall be paid in the first pay period of each contract year. Formatted: Font: Bold Formatted: Footer 1 21 Formatted: Right Port _________ PNRCC__________ ARTICLE XXIV Formatted: Font: Not Bold FLEXIBLE SPENDING ACCOUNT Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font Employees shall be eligible for participation in the Port of Seattle's Flexible Spending account program. color: Auto Eligibility and participation of employees shall be subject to the terms and conditions of such plan Formatted: Font: Not Bold including any plan amendment, revision or possible cancellation. It is further agreed that content of the plan itself, plan administration and any determination made under the plan shall not be subject to the grievance or to any other Provision of this Agreement or to negotiation by the Union. ARTICLE XXV Formatted: Font: Not Bold BI-WEEKLY PAY Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font Pay shall be distributed on a biweekly basis consistent with the payroll procedures for non-represented color: Auto employees. Effective upon ratification, asAs a condition of employment, all employees are required to Formatted: Font: Not Bold participate in the Port's direct deposit program for payroll purposes. If an employee is overpaid the Port shall be entitled to collect the overpayment through the deduction of the employee's subsequent wages as consistent with RCW 49.48.200. Nothing in this article precludes the employee from agreeing to a larger deduction. ARTICLE XXVI Formatted: Font: Not Bold MISCELLANEOUS Formatted: Heading 1 Formatted: Font: +Body (Calibri), 11 pt, Font Whenever words denoting a specific gender are used in this Agreement, they are intended and shall be color: Auto construed so as to apply equally to either gender. Formatted: Font: Not Bold Formatted: Font: Not Bold ARTICLE XXVII Formatted: Heading 1 EFFECTIVE DATE AND DURATION Formatted: Font: +Body (Calibri), 11 pt, Font color: Auto Formatted: Font: Not Bold Formatted: Footer 1 22 Formatted: Right This Agreement shall be in full force and effect for a period of three (3) years from January 1, 2016 through2019through December 31, 20182021. Signed this __day of _______________________ EMPLOYER: Union PORT OF SEATTLE PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS Port of Seattle PNW Regional Council of Carpenters, UBC Name of Company (please print) By (print name): By: Title: Title: *Signature: *Signature: Address *Regional Manager: *Jeff Thorson Deleted Cells Contract Administration:Administrator Formatted Table Stephen P. Metruck Executive Director Formatted: Font: Not Bold Formatted: Space After: 0 pt Formatted: Space After: 0 pt Phone: Fax: Formatted: Footer 1 23 Formatted: Right *Required Signers Formatted: Footer 1 24 Formatted: Right MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL Date: ____________________________________ Date: __________________________________ Formatted: Footer 1 25 Formatted: Right Formatted: Font: +Body (Calibri), 11 pt, Font color: Text 1 APPENDIX CA WAGE RATES Formatted: Heading 1 FEBRUARY 10, 1965 Formatted: Font: Not Bold, Font color: Text 1 SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL 2800 FIRST AVENUE SEATTLE, WASHINGTON 98101 Gentlemen: The Port of Seattle recognizes International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Lodge No. ] 04; District Council of Carpenters of Seattle, King County and Vicinity; Hod Carriers and General Laborers Union, Local No. 242; Western Washington District Council, International Hod Carriers, Building and Common Laborers of America; International Union of Operating Engineers, Local No. 302; Painters District Council No.5 of Seattle and King County; United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, of the United States and Canada, Local Union No. 32; Sheet Metal Workers International Association, Local No. 99; Sprinkler Fitters and Apprentices, Local Union No. 699 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry for the United States and Canada; International Brotherhood of Teamsters, Chauffeurs and Helpers of America, Local No. 174; and Paint Makers, Sign, Display, Truck Painters & Allied Trades, Local No. 1094; all of which are affiliated with the Seattle Building and Construction Trades Council and the Seattle Building and Construction Trades Council (hereinafter collectively referred to as the "Union"), as the collective bargaining representative of the employees of the Port of Seattle who are employed in crafts or job classifications which would otherwise be covered by collective bargaining agreements between other employers in this area and the Union (hereinafter referred to as "unit employees"), and which would not otherwise be covered by collective bargaining agreements between other employers in this area and labor organizations other than the Union (hereinafter referred to as "non-unit employees") for the following purposes and subject to the following conditions: I. The Port of Seattle has in the past employed unit employees affiliated with the Union in the above crafts and job classifications and intends to continue to do so if work performed by the Port of Seattle is available for such employees. 2. All of the Port of Seattle's unit employees shall enjoy the wages and benefits established by the Formatted: Indent: Left: 0", First line: 0" Port's Wage and Benefit Resolution and shall continue to enjoy such wages and benefits on a basis comparable to the wages and benefits paid by other employers of such employees in this area. Formatted: Justified, Space After: 10 pt 3. The Port Formatted: Footer 1 CLASSIFICATIONS EFFECTIVE 26 Formatted: Right 88% of Seattle retainsCurrent Formatted: Font: Bold Master Labor Agreement Rates 6/1/2018 6/1/2019 6/1/2020 submitted to the Formatted: Centered, Space After: 10 pt, Line right:Port annually and spacing: Multiple 1.15 li published Carpenter $38.65 $40.41 $42.17 online at Formatted: Font: Bold Millwright $39.97 $41.73 $43.49 Piledrivers $38.87 $40.63 $42.39 www.nwcarpenters.org. Formatted: Font: Bold Formatted: Left, Line spacing: Multiple 1.15 li MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE AND THE SEATTLE Formatted: Left, Space After: 0 pt BUILDING AND CONSTRUCTION TRADES COUNCIL a. to determine any given employee's craft or job classification and whether or not such employee Formatted: Indent: Left: 0" is a unit or non-unit employee; Formatted: Indent: Left: 0", Hanging: 0.5" b. to direct the work of its employees; c. to hire, promote, transfer, assign, and retain employees' positions within a given craft, job Formatted: Indent: Left: 0" classification, or department, to secure its regular or steady employees from the local community, to specify certain employees as steady employees of the Port, and to suspend, demote, discharge, or take other disciplinary action against employees; Formatted: Indent: Left: 0", Hanging: 0.5" d. to relieve employees of duties because of lack of work or for other legitimate reasons; Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", Hanging: 0.5" e. to subcontract or assign work to other employers; f. to maintain the efficiency of all Port operations; g. to determine the methods, means, and personnel by which such operations are to be Formatted: Indent: Left: 0" conducted; and Formatted: Indent: Left: 0", Hanging: 0.5" h. to take whatever action may be necessary to carry out the work of the Port in situations of Formatted: Indent: Left: 0" emergency. Formatted: Justified, Space After: 10 pt 4. This agreement shall be subject to any Federal or State Law and the terms of the Port's Wage and Benefit Resolutions and, in accordance with existing State Law, nothing in this agreement shall be construed to permit either the Union or any employee to cause or engage in a strike or stoppage of work, or slow-down, or similar activity against the Port of Seattle. Should any provisions hereof become Formatted: Footer 1 27 Formatted: Right unlawful by virtue of any Federal or State Law or conflict with any resolution of the Port of Seattle or any rule or regulation promulgated by the Port of Seattle, such provision shall be modified to comply with such law, resolution, or rule or regulation. Certified Welder +2.5% of the applicable journeymen scale* per hour while performing welds required by the plans or specifications to be certified. *Bargaining unit employees receive *88% of the total hourly rate of the applicable Master Labor Agreement journeymen scale after the premium has been added. Formatted: Footer 1 28 Formatted: Right APPENDIX B RCW 49.46.210 Paid sick leaveAuthorized purposesLimitations"Family member" defined. (1) Beginning January 1, 2018, every employer shall provide each of its employees paid sick leave as follows: (a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee. An employer may provide paid sick leave in advance of accrual provided that such front-loading meets or exceeds the requirements of this section for accrual, use, and carryover of paid sick leave. (b) An employee is authorized to use paid sick leave for the following reasons: (i) An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and (iii) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason. (c) An employee is authorized to use paid sick leave for absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW. (d) An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment. (e) Employers are not prevented from providing more generous paid sick leave policies or permitting use of paid sick leave for additional purposes. Formatted: Footer 1 29 Formatted: Right (f) An employer may require employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee's lawful use of paid sick leave. (g) For absences exceeding three days, an employer may require verification that an employee's use of paid sick leave is for an authorized purpose. If an employer requires verification, verification must be provided to the employer within a reasonable time period during or after the leave. An employer's requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law. (h) An employer may not require, as a condition of an employee taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave. (i) For each hour of paid sick leave used, an employee shall be paid the greater of the minimum hourly wage rate established in this chapter or his or her normal hourly compensation. The employer is responsible for providing regular notification to employees about the amount of paid sick leave available to the employee. (j) Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of forty hours. (k) This section does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon the employee's termination, resignation, retirement, or other separation from employment. When there is a separation from employment and the employee is rehired within twelve months of separation by the same employer, whether at the same or a different business location of the employer, previously accrued unused paid sick leave shall be reinstated and the previous period of employment shall be counted for purposes of determining the employee's eligibility to use paid sick leave under subsection (1)(d) of this section. (2) For purposes of this section, "family member" means any of the following: (a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; Formatted: Footer 1 30 Formatted: Right (b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; (c) A spouse; (d) A registered domestic partner; (e) A grandparent; (f) A grandchild; or (g) A sibling. (3) An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee. (4) An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave. [2017 c 2 5 (Initiative Measure No. 1433, approved November 8, 2016).] Formatted: Font: 12 pt Formatted: Heading 1, Centered, Indent: Left: 0", First line: 0" Formatted: Footer 1 31
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