Maintenance Agreement


Between


The Port of Seattle


And


The Pacific Northwest Regional Council of

Carpenters

January 1, 2019 — December 31, 2021

           Contents
ARTICLE | UNION RECOGNITION ...ccoiciiremmiinreinrietrinreintern tssieesssatessessabessasssnssnssssassssessrssnnssnnnesnns 2

ARTICLE I MANAGEMENT RIGHTS ...c..oiiiimriiiinintitciircientserrs  essen assessenene 2

ARTICLE Ill PAYROLL DEDUCTIONS.......cooiiiimiiieiitiiiiiicnttieestasssineserenesesss sreserenesareesesesassesesessnenesnnnesane3

ARTICLE IV SPECIAL AGREEMENTS...ociiiiiiiiiiiitii   inertness   nressnee sess snns essrnnene sss annnes 4

ARTICLE V DEFINITIONS....etiimttiiittiiintiiiiniittineiinieseeissaeeseatssatesstssbessosnnessasebesereessescanessannnesnnnsenns4

ARTICLE VI PROBATIONARY PERIOD ....ccoumiiniriiiriiiiiiiiiiitincities cetsssseens necass aenesesereessesnnenenes4

ARTICLE VII HIRING NOTIFICATION ....coiiiiiiiiiniiniintiiitrenccentricnrenescineesssnsatesssressssnnessssanessasnnnesssassannns 4

ARTICLE VIII TERMS AND CONDITIONS .....cotiiiiiiriiiiienintinrenricnerectaseas seaeseinsseensansssbaessanesean 5

ARTICLE 1X WORK WEEK/WORK DAY ....ccueieireitrierirenneerreenseseeeseesessesssssessessessensssssressssssssessosssssosssssssssnne 6

ARTICLE X OVERTIMEniincanstesatesabessenseeee  asseasesasseasestsabbaesesasananes 6

ARTICLE XI SHIFT DIFFERENTIALScoorsteecearssearsessessassnaseasebasssassenane7

ARTICLE XI UNION ACCESS .....oveiiieriiirteiiininieiiiiitentssssisssatssitessssatsesasssaessssnssssnsssesessasensbsesnseesnssesesnssessen 7

ARTICLE XII} SHOP STEWARDS...courtierssins searssteeressenbasesaseasetbseabassbassrnnsaeents 7

ARTICLE XIV FRINGE BENEFITS ...ccoiriiiiiiiiiniiiiiitiniiiieninnrininines   srseresssvseessabasstassss nassss snnasssssans 8

ARTICLE XV DEFERRED COMPENSATION......coooiiriiiiiiiieiniininterestserasersnrecaesareanessaesaseessnnneens 8

ARTICLE XVI NON-DISCRIMINATION ....ocoiiiiiiiiiitiiiiiiiecree      sees resesaaesnsasessereesassessassesasasnnns8

ARTICLE XVII HOLIDAYS....oti   creer    ie testes sears estes seas es ra asses bas seasa essa sess as ssaaestts sateenanna snnsasanans 9

ARTICLE XVIII PAID TIME OFF .....eoiiiiiiiiittiirinirenieiienearestcntescantsneseasesss sasesses snessnessanesssnnsennnnes 10

ARTICLE XIX BEREAVEMENT LEAVE ........ccoiviiiiiiiiniriiiiieicniecescinecasess snr  sssennesetessessesnnssanans 13

ARTICLE XX LABOR/MANAGEMENT ....couiriiririrrererieeritiesienice esinesesessnestssssnsnsanesssantassassessesnssssnessonne 14

AGREEMENT XXI SETTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION........cccccoiviininiiiniiiciecneee, 14

ARTICLE XXII SAVINGS CLAUSE ......ciiiiiiiiiiciinnirtiirtreiriresiieesstbesessessssbesssreessbenessssasanneas 16

ARTICLE XXIII SAFETY SHOES ......oeiiiiiiiiitiinrrcnicnreniecesean  steesssanesearesresassanssaneenaesnnnes 16

ARTICLE XXIV FLEXIBLE SPENDING ACCOUNT o.oo                     eee       ets estseben 16

ARTICLE XXV BI-WEEKLY PAY...                   tiniesteternaesseeetets baseb eesate sebns earns 17

ARTICLE XXVI MISCELLANEOUS.....octetsseesetterassassinsean 17

ARTICLE XXVII EFFECTIVE DATE AND DURATION .....cciiiiiiiiiiittictirecieecneneceseeereeereseaneeeeeeaes 17

APPENDIX A WAGE RATES.......iiiiiiitiiiceterissree sensessees bsenssabesbesesnese snnenennes 18

APPENDIX B  RCW 49.46.210.......ccoiiiiiiiiiiiiieiecientssanctisasesssbsssnbesabesessanaeeanasasenanis19

              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, 2019, 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 | 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.

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
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.

ARTICLE I 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.

The Port of Seattle retains the right:

a.     to determine any given employee's craft or job classification and whether or not such employee
is a unit or non-unit employee;

b.     to direct the work of its employees;

                  C.       to hire, promote, transfer, assign, and retain employees’ positions within a given craft, job
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;

d.     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 efficiency of all Port operations;

g.     to determine the methods, means, and personnel by which such operations are to be
conducted; and

h.     to take whatever action may be necessary to carry out the work of the Port in situations of
emergency.

ARTICLE Ill PAYROLL DEDUCTIONS

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.

Upon request of the Union or the Port, the parties agree to midterm bargaining on the subjects covered
in this Article.

                                         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 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 as Full Time Equivalents (FTE's) in accordance with the Port's required posting and selection
procedures.

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 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

A.    Notification of Vacancies: The Port will advise the Union at the time of any employment openings.
Openings for job vacancies in aviation maintenance will also be posted on the Port of 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.

                                         ARTICLE VIII TERMS AND CONDITIONS


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.

Compound Crew Chief/General Foreman Pay: 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 Pile 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.

Similarly, General Foreman pay will be calculated at ten percent (10%) above the Port of 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 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.

Construction Conditions for Emergency Hires: All emergency employees hired by the Port shall
be paid 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.

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.

                                    ARTICLE IX WORK WEEK/WORK DAY

A.     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.

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).

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
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.
A thirty (30) minute meal period shall be granted in 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 Vill A. and B. apply unless otherwise modified as provided in this Agreement.

ARTICLE X OVERTIME

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 rate. 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.
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 SHIFT DIFFERENTIALS

A.    Day Shift: Day shift shall be the nearest starting time to 8:00 a.m.

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.


ARTICLE XII UNION ACCESS

The Port agrees to allow reasonable access to Port facilities excluding the AOA (Airport Operations Area)
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.

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 abuseof 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.

7

                                            ARTICLE XIV FRINGE BENEFITS

A.     Benefit Coverage:     The Port shall continue to provide benefits coverage under the
conditions set forth in the Area Master 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 Union adopt and shall be bound by the terms and
conditions of such trust or trusts as set forth in the current Area Master 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.

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.

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.

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 this
Maintenance Agreement, the Area Master Agreement or to negotiation by the Union.

ARTICLE XVI  NON-DISCRIMINATION

The Port of Seattle is an equal opportunity employer. The Port embraces, and in fact relies on having a
diverse workforce. Every employee has the right to work in surroundings that are free from all forms of
unlawful discrimination. It is mutually agreed between the Port and the Union that there shall be no
discrimination against any employee or applicant for employment or against any Union member or
applicant for membership because of race, color, creed, national origin, ancestry, sex, pregnancy,
gender identity, age (over 40), sexual orientation, religion, military status, disability, marital status,
political ideology, whistleblower status, use of workers’ compensation, Family Medical Leave Act (FMLA)
use, or any other category protected by applicable federal, state, or local law.

                                                 ARTICLE XVII HOLIDAYS

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
Native American Heritage Day                 (Day After Thanksgiving)

Christmas Day                               December 25

Three (3) Employee Designed Floaters to be taken any time during calendar 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.

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.

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.

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.

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.

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.

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.

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.

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.

ARTICLE XVill  PAID TIME OFF

Rates of Accrual:       Effective upon ratification between the parties paid time off is earned as
follows:


10

                From Date of Hire Through 59*" Month: Based on the first day of employment, from the first full month
to and including the fifty-ninth (59%) 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 60%" Month Through  119" Month: From the sixtieth (60™) full month to and including the
one hundred nineteenth (119") 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 120" Month Through 179%" Month:  From the one hundred twentieth (120%) full month to
and including the one hundred seventy ninth (179") 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 180" Month: After completion of fifteen (15) years of continuous employment starting with one
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.

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:    Non-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
may 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 wil! be examined.

11

                      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.

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.

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.

Sick Leave: Eligible full-time employees will accrue Sick leave at the rate of.025 hours accrued for
all hours compensated. Sick leave may accumulate with no maximum limit. In the event of illness,
Sick Leave up to the accrued balance may be used after employment of at least 30 days.

Sick Leave can be used for an absence resulting from an employee or family member's mental or
physical  illness,  injury,  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:

e   A qualifying FMLA or FCA absence;

e   For absences that qualify for leave under the Domestic Violence Leave Act;

eo   When the employee’s work location has been closed by order of a public official for any
health-related reason;
e   When an employee’s child's school or place of care has been closed for a health-related

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
parents of children of the employee or their spouse or domestic partner; as well as the employee’s
siblings, grandparents or grandchildren.

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                      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 Sick Leave accrued balance at the employee’s hourly rate of pay in effect at termination or
retirement.

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.

Paid Parental Leave. The Port shall continue to provide Paid Parental Leave to members of this
bargaining unit. Eligibility, participation, and termsof 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.

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 BEREAVEMENT LEAVE

Employees who have been employed for at least thirty (30) days of uninterrupted service and 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.
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 an
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.

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                (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

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.

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.

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

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                        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
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.


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.

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

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                       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 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.


ARTICLE XXII SAVINGS CLAUSE

If any provision of this Agreement or the application of such provision shall in any court or other
Governmental action, be held invalid, or if any provision of this Agreement becomes impacted because
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 SAFETY SHOES

The Port shall pay regular employees a $150.00 stipend each contract year for the purchase price or
repair of ANSI approved footwear (Z41-1999), American National Standard for Personal Protection. The
Port shall pay employees who have accrued at least 1,000 hours of work a $150.00 stipend each
contract year for the purchase price or repair of ANSI approved footwear (241-1999), American National
Standard for Personal Protection.

The stipend shall be paid in the first pay period of each contract year.

ARTICLE XXIV FLEXIBLE SPENDING ACCOUNT

Employees shall be eligible for participation in the Port of Seattle’s Flexible Spending account program.
Eligibility and participation of employees shall be subject to the terms and conditions of such plan
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.


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                                             ARTICLE XXV BI-WEEKLY PAY

Pay shall be distributed on a biweekly basis consistent with the payroll procedures for non-represented
employees.  As a condition of employment, all employees are required to 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 MISCELLANEOUS

Whenever 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 XXVII EFFECTIVE DATE AND DURATION

This Agreement shall be in full force and effect for a period of three (3) years from January 1,
2019through December 31, 2021.


PORT OF SEATTLE                                 PACIFIC NORTHWEST REGIONAL
COUNCIL OF CARPENTERS


Stephen P. Metruck                              Jeff Thorsgr”                         neg
Executive Director                                   Contract Administrator

Date:                                           Date:   OSO7/F




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                                         APPENDIX A WAGE RATES


88% of Current Master Labor Agreement

Rates submitted to the Port annually and published online at www.nwcarpenters.org.

EFFECTIVE

CLASSIFICATIONS
6/1/2018  6/1/2019  6/1/2020

Carpenter                   $38.65     $40.41     $42.17
Millwright                     $39.97     $41.73     $43.49
Piledrivers                    $38.87     $40.63     $42.39


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.









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                                           APPENDIX B  RCW 49.46.210


Paid sick leave—Authorized purposes—Limitations—"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;

(i) 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.

(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.


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                 (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;

(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;

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                  (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).]
















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