5f attachment 1
Maintenance Agreement Between The Port of Seattle And The Pacific Northwest Regional Council of Carpenters January 1, 2013 - December 31, 2015 8/7/2013 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, 2009, 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 UNION RECOGNITION Since the Pacific Northwest Regional Council of Carpenters is no longer affiliated with the Seattle/ King County Building and Construction Trades Council, and desires to bargain independently from that 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 employed in 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. ARTICLE II MANAGEMENT RIGHTS 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). Port PNRCC'K: iz 8/7/2013 ARTICLE III MAINTENANCE OF MEMBERSHIP 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's 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. ARTICLE IV SPECIAL AGREEMENTS It is agreed that the Port of Seattle and the Union may execute separate special agreements regarding special conditions not covered by this Maintenance Agreement or the letter of 1965 or area Master 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 DEFINITIONS A. Regular Employees: Regular employees shall mean those employees who have been hired by the Port in accordance with the Port's required posting and selection procedures. Port pNchg 8/7/2013 Apprentices: Apprentice employees are those employees who are regular 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. Temporary Employees: Temporary 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 an temporary employee shall not exceed one hundred eighty (180) calendar days between employment and termination. 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 PROBATIONARY PERIOD A new employee, excluding temporary or emergency employees, shall be subject to a one hundred and eighty (180) calendar day probationary period commencing with his/her first compensated day of regular employment. The probationary period shall be extended one (1) day for each day that the employee is 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. ARTICLE VII HIRING NOTIFICATION Notification of Vacancies: The Port will advise the Union at the time of any employment openings. Openings forjob vacancies in aviation maintenance will also be posted on the Port of Seattle's website. 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. ARTICLE VIII TERMS AND CONDITIONS Port Rate: The Port shall pay, on an hourly basis, to all regularjourney 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. This shall not apply under circumstances defined by paragraphs 8. 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. The Port rate applies to all maintenance work. lt shall also apply to new construction pursuant to RCW 53.08.120 if the work is performed by employees covered under this Maintenance Agreement. Port PNRCCdk-Sa 8/7/2013 Compound Crew Chief/General Foreman Pay: Effective upon ratification by the parties, the 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 Pilebuck). Supervision of members of other crafts, contracted employees or for Crew temporary or emergency hires will have no impact on the pay rates Chiefs/Foremen. of Similarly, General Foreman pay will be calculated at ten percent (10%) above the Port Seattle full-time employee Crew Chief/Foreman rates. Termination Pay: A regular employee who is terminated because of lack of work, or a cut back in the rate number of employees, who has worked less than one year will be paid off at the construction wage for holidays and vacations. starting at the date of employment, for the time worked less payment received off Such adjusted construction wage rate termination payments shall be limited to employees who are laid solely to reduction in force. Construction Conditions for Emergency Hires: All emergency employees hired by the Port shall be paid on a per diem basis at the construction rate with fringe benefits as provided for in the Area Master Labor Agreement. Apprenticeship: The Port and the Union agree that it is important to have a highly trained work force. To of this end the Port agrees to work with the Union on developing policies promoting the employment apprentices as part of the work force covered by this Agreement. PNRCW; Port 8/7/2013 ARTICLE IX WORK WEEK/WORK DAY A normal workweek shall be defined as: 1. Standard Work Week Five (5) consecutive days beginning on Monday and ending on 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). A standard workday shall be defined as: 1. Eight and one'half (81/2) 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 shift. 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. Article VI" A. and 8. apply unless otherwise modified as provided in this Agreement. ARTICLE X OVERTIME 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. Hours worked prior to an established shift and hours worked after established shift will be at overtime wage. On a Monday through Friday the first four (4) hours will be at time and half (1 V2). 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 V2). All additional shall be at two (2) times the straight time rate of pay. Unless otherwise agreed with the Port, other premium rates will be the same as those set in the Area Master Labor Agreement. Port PNRCCM65 8/7/2013 ARTICLE Xl SHIFT DIFFERENTIALS A. Day Shift: Day shift shall be the nearest starting time to 8:00 am. B. Swing Shift: Swing shift shall be the nearest starting time to 4:00 pm. Actual start times may be between 1:00pm. and 6:00pm. Employees working a full eight (8) hour shift shall receive a shift differential of 10% shift. When the Area Master Labor Agreement affords over their regular rate when required to work swing shall receive a shift employees eight (8) hours pay for working less than a full eight (8) hour shift, employees differential of 7.5% over their regular rate when required to work swing shift. Actual start times C. Graveyard Shift: Graveyard shift shall be the nearest starting time to 12:00 midnight. shift a full eight (8) hour shift shall receive a may be between 10:00pm. and 1:00 am. Employees working differential of 15% over their regular rate when required to work graveyard shift. When the the Area full eight (8) hour Master Labor Agreement affords employees eight (8) hours pay for working less than a to work shift, employees shall receive a shift differential of 10% over their regular rate when required graveyard shift. Area D. Unless otherwise agreed with the Port, other premium rates will be the same as those set in the Master Labor Agreement. ARTICLE XII BUSINESS REPRESENTATIVE ACCESS The Port agrees to allow reasonable access to Port facilities excluding the AOA (Airport Operations Area) for in a business representatives who have been properly authorized by the Union. Such access shall be permitted of the department or the Port. This Article shall apply within the manner as not to interfere with the functions constraints of Federal or State regulations and statutes, and the Airport Security Plan. Port PNRCJ/gS 8/7/2013 ARTICLE XIII SHOP STEWARDS The Union has the right to appoint a maximum of three (3) shop stewards, one per shift plus an 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 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 FRINGE BENEFITS A. Benefit Coverage: The Port shall continue to provide benefits coverage under the conditions set forth in the Area Master Labor Agreement in the same amount and manner now 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 Unions 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 contribution on benefits increase at any time and such increase exceeds five percent (5.0%) of the employer's premium contribution rate in existence in the previous contract year, the parties agree to reopen the contract on the issue of health benefits only to bargain premium cap limits, premium share, or some other means of controlling future premium increases. Port PNRCC C i!5 8/7/2013 ARTICLE XV DEFERRED COMPENSATION Employees shall be eligible for participation in the Port of Seattle's Deferred Compensation Plan as revised December 8, 1981. Eligibility and participation of employees shall be subject to the terms and 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 the Maintenance Agreement or the Letter of 1965, the Area Master Labor Agreement or to negotiation by the Union. ARTICLE XVI NON-DISCRIMINATION The Union and the Port agree that there shall be no discrimination against any employee by reason of race, creed, age, color, sex, national origin, religious belief, marital status, sexual orientation, political ideology, Vietnam era veteran status, ancestry or the presence of any sensory, mental or physical handicap unless based on a bona fide occupational qualification reasonably necessary to the operations of the Port. Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE XVII HOLIDAYS A. Designated Holidays: The following twelve (12) days, or days in lieu thereof, shall be observed and recognized as paid holidays for regular employees as set forth in this Article. New Year's Day January 1 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 Day After Thanksgiving Fourth Friday in November Christmas Day December 25 Three Employee Designed FloatersTo be taken any time during contract year Port PNRCC :EQj 8/7/2013 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. 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. 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. 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. 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. 0) Port-related court appearances as confirmed by Port counsel, (1) Jury duty when jury service occurs on the employee's regularly scheduled shift, 6) Military leave, f) Non-Port related court appearances should be reviewed on a case-bycase 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), Port PNRCCC' i [es 8/7/2013 10 the day after the holiday, and g) When leave without pay is scheduled the day before or at least forty-eight hours in advance, provided the leave is approved by management is on leave h) Other absences not covered by this article, which occur while the employee without pay, would be disqualifying. the D. Holidays and Vacations: If a holiday falls within the vacation period of a regular employee, such holiday, provided the employee works the last employee shall be paid as set forth above for the employee's vacation. scheduled workday prior to and the first scheduled workday following who perform work on any of the above holidays E. Pay for Time Worked on Holidays: Regular employees worked at the overtime rate; however, the shall be paid, in addition to holiday pay, the actual time of pay. minimum shall be four (4) hours at the overtime rate will be paid at the rate of F. Holiday Pay for Shift Workers: Regular employees normally working shift the shift rate to which the employee is assigned. G. Accumulation of Floating Holidays: Employees will be permitted to accumulate "Employee hours. Any hours in excess a maximum of forty (40) Designated floaters" and may carry from year to year forfeited. of forty (40) not used by the end of a given year will be ARTICLE XVlll PAID TIME OFF Lnu.;:r..:.._x. and based upon a pro rata share of a full-time work schedule, A. Rates of Accrual: Effective January 1, 2005, paid time off is earned as follows: 59"' Month: month to and Based on the first day of employment, from the first full From Date of Hire Through regular employees shall accrue paid time off including the fifty-ninth (59m) full month of continuous employment, = 120 hours per year). time hour (.0577 x 2080 annual hours at the rate of .0577 per compensated straight the on 143"j Month: From the sixtieth (60"") full month to and including From the 60'h Month Through employees shall accrue paid time off at hundred forty-third (143") full month of continuous employment, regular = 160 hours per year). x 2080 annual hours the rate of .0769 per compensated straight time hour (.0769 PNch A port 8/7/2013 11 After 144"I Month: After completion of twelve (12) years of continuous employment starting with the one hundred forty-fourth month, regular employees shall accrue paid time off at the rate of .0961 per compensated straight time hour (.0961 x 2080 annual hours = 200 hours per year). B. Limits on Accumulating Paid Time Off: Paid time off accumulation shall be limited to a 24-month accrual at any time. Any portion above a 24-month accrual of unused paid time off shall be forfeited; unless the reason for not taking such paid time off is at management's direction, as under emergency conditions. In such event unused paid time off shall not be forfeited. Departmental management shall be responsible for encouraging and allowing proper scheduling for employees taking annual leave in order to avoid any forfeiture of paid time off. 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. 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: 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 is required to submit a physician's release as fit for duty to the manager prior to returning to work. Physician's releases with restrictions (Le. light or limited duty) will be considered on a case-by-case basis, and while not guaranteed, accommodations will be examined. Port PNRCCE'EA/S 8/7/2013 12 will be approved on a case-by- Leaves of absence without pay: Leaves of absence without pay (LWOP) are not guaranteed the needs of the work group. Requests for leave without pay case basis, based on leave accruals have be authorized unless all appropriate paid time away from work place and will not and floaters must have for personal reasons, all paid vacation leave been exhausted. When the absence is basis, with LWOP requests will be considered on a case-by-case been exhausted first. Authorization of LWOP will be limited to forty (40) hours per consideration of workload and personal circumstances. at management's discretion. calendar year, with allowance for special considerations accrue from date of Paid time off for regular employees shall Retroactive Paid Time Off Accruals: hired on as regular employees, are subsequently hire. individuals employed as emergency hires, who during the previous one hundred eighty (180) shall have their hire dates adjusted by the time employed Weekends shall be used to compute the adjusted calendar days. The total calendar time period including employed as an emergency hire. date of hire for an individual who was originally Hours: Effective upon ratification by the parties, Voluntary Cash-Out of Paid Time Off the employee has of their accrued vacation hours, provide employees may cash-out any amount immediately following the of two (2) weeks of vacation hours remaining a minimum balance recorded current hourly rate of pay as cash out. Cash-outs shall be processed at the employee's must be submitted Off Cash-Out Request and Waiver" form in the payroll system. A "Paid Time to Payroll by the payroll deadline. full-time employees will Extended illness (El): Effective upon ratification by the parties, eligible, accrue Extended illness leave at the rate of a half-day a month (.02308 hours accrued per limit. In the illness leave may accumulate with no maximum straight-time hour paid). Extended used after employment to the accrued balance may be event of illness, Extended illness leave up of at least 30 days. family member Extended illness leave can be used for instances of employee or immediate .LlLL'...lL.'.." preventive illness leave can also be used for an employee's illness, injury or disability. Extended limited to an employee's care appointments" are health care appointments. "Preventive health examinations. immediate family shall be annual physical, dental, vision and cancer screening or ll the parents or children of the employee, spouse defined as spouse or domestic partner and domestic partner. others and Development Management may include In special circumstances, Human Resources in this definition. PNRCCZS95 Port 8/7/2013 13 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, 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. 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 Illness accrued balance at the employee's hourly rate of pay in effect at termination or retirement. ARTICLE XIX BEREAVEMENT LEAVE Any employee who suffers a death in their immediate family shall be allowed three (3) working days off to attend the funeral and shall be compensated eight (8) or ten (10) hours' pay for each day's absence at the 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. Port PNRCC E LS 8/7/2013 14 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, sisterin-law, brotherin-law, daughter-in-law and son-in-law of a 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 ARTICLE XX LABOR/MANAGEMENT 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. AGREEMENT XXI SETTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION A. Strikes and Lockouts: In recognition of the Port's status as a municipal corporation, there shall be no strikes, lockouts, picketing, work stoppages or similar activities to impede the Port's operation. PNRC'S Port 8/7/2013 15 B. Resolution of Disputes: The parties shall in good faith workjointly 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. 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 forjust 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. F. Protest of DischargeI SuspensionI 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. 45 Port PNRC 8/7/2013 16 ARTICLE XXII SAVINGS CLAUSE court or other Governmental of such provision shall in any or the application If any provision of this Agreement because of a change in Port of this Agreement becomes impacted action, be held invalid, or if any provision affected thereby. and their application shall not be Personnel policy, the remaining provisions to eI policy the parties signatory hereto agree or change in Personn Provided, however, upon such invalidation a mutually affected. The parties agree to arrive at or provisions immediately meet to renegotiate such parts is mutually agreed to. unless a definite extension of time satisfactory replacement within sixty (60) days ARTICLE XXIII SAFETY SHOES or each contract year for the purchase price a $100.00 stipend The Port shall pay regular employees Standard for Personal Protection. The repair of ANSI approved footwear ( 241-1999), American National of work a $100.00 stipend each have accrued at least 1,000 hours Port shall pay employees who footwear ( 241-1999), American National or repair of ANSI approved contract year for the purchase price Standard for Personal Protection. period of each contract year. The stipend shall be paid in the first pay ARTICLE XXIV FLEXIBLE SPENDING ACCOUNT account program. Eligibility in the Port of Seattle's Flexible Spending Employees shall be eligible for participation LIL; of such plan including any plan be subject to the terms and conditions and participation of employees shall l content of the plan itself, plan t is further agreed that .Il. amendment, revision or possible cancellation. or to any other j made under the plan shaII not be subject to the grievance administration and any determination by the Union. I Provision of this Agreement or to negotiation ARTICLE XXV LONG TERM CARE INSURANCE made Term Care insurance plan in the voluntary, employee-paid Long Employees shall be eligible to participate the of employees shall be subject to Eligibility and participation available to Port nonrepresented employees. made under administration and any determination such plan including any plan itself, plan terms and conditions of of this agreement or to procedure or to any other provisions the plan shall not be subject to the grievance negotiation by the Union. PNRCCE te' Port .__ 8/7/2013 . 17 ARTICLE XXVI BI-WEEKLY PAY Pay shall be distributed on a biweekly basis consistent with the payroll procedures for non-represented employees. Effective upon ratification, as a condition of emplo yment, all employees are required to the Port's direct deposit participate in program for payroll purposes. ARTICLE XXVll EFFECTIVE DATE AND DURATION This Agreement shall be in full force and effect for a period of three (3) years from January 1 2013 through December 31, 2015. Signed this day of \ EMPLOYER: UNION: Port of Seattle \- 4%PNW Reional Council of Car Name of Company (Please enters UBC Print) ' -7'_''_'''_ Ken Strou By: (Print Name) By: (Print Name) _."_'_ ' ' ' ' ' ORZSW WA Business Administrator Title Title X. *Signature ' \ Address *Chief of S aff xW /V'* Contract AdministrationI I n \*Required Signers Phone Fax 8/7/2013 18 OF MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT SEATTLE AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL. APPENDIX A FEBRUARY 10, 1965 SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCII 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 Jonrneymen and Apprentices of the Plumbing and Pipcfitting 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 Pipettiug industry for the United States and Canada; International Brotherhood of Teamsters, Chauffeurs and Helpers of America, Local N . 174; and Paint Makers, Sign, Display, Truck Painters 85 Allied Trades, Local No. 1094; all ofwhich are afliated with the Seattle Building and Construction Trades Council and the Seattle Building and Construction Trades Council of (hereinafter collectively referred to as the "Union"), as the collective bargaining representative .. , the employees of the Port of Seattle who are employed in crafts or job classifications which ,W...r..,.. would otherwise be covered by collective bargaining agreements between other employers in this "unit employees"), and which would not otherwise ..._.u..--_... area and the Union (hereinafter referred to as be corered by collective bargaining agreements between other employers in this area and labor organizations other than the Union (hereinafter referred to as "nonunit employees") for the _ following purposes and subject to the following conditions: 1. 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 benets established by the Port's Wage and Benet Resolution and shall continue to enjoy such wages and benets on a basis comparable to the wages and benets paid by other employers of such ' employees in this area. ' 3. The Port of Seattle retains the right: a. to determine any given employee's craft or job classication and whether or not such employee is a unit or non-unit employee; _20- MAINTENANCE AGREEMENTADDENDUM BE'l'WEEN THE PORT OF SEATTLE AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL b. to direct the work ofits employees; 0. to hire, promote, transfer, assign, and retain employees' positions within a given craft, job classication, 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; ' (l. to relieve employees of duties because of lack of work or for other legitimate reasons; e. to subcontract or assign work to other employers; f. . to maintain the efciency of all Port operations; g. . to determine the methods, means, and personnel by which such operations ' be conducted; and are to - h. to take whatever action may be necessary to carry out the work of the Port in ' . situations ofemergency. 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 Lang'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 of Seattle. activity against the Port Should any provisions hereof become unluwil by virtue of State Law or conict with any Federal or any resolution of the Port of Seattle or any rule or regulation promulgated by the Port ofSeattle, such provision shall be modified to comply with such law, resolution, or rule or regulation. ~21-
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