6c Attach
MAINTENANCE AGREEMENT ADDENDUM
between
THE PORT OF SEATTLE
and
THE SEATTLE BUILDING AND CONSTRUCTION
TRADES COUNCIL
and
1965 LETTER OF AGREEMENT
Signed on behalf of
THE SEATTLE BUILDING AND CONSTRUCTION
TRADES COUNCIL
and its
AFFILIATED LOCALS
and
THE PORT OF SEATTLE
JANUARY 1, 2011 DECEMBER 31, 2012
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
TABLE OF CONTENTS
ARTICLE TITLE w
PREAMBLE 3
.........................................................................................................
UNION RECOGNITION....................................................................................... 3
II MANAGEMENT RIGHTS 3
..................................................................................
III MAINTENANCE OF MEMBERSHIP 4
.................................................................
IV SPECIAL AGREEMENTS ....................................................................................4
DEFINITION OF EMPLOYEE 5
............................................................................
VI HIRING NOTIFICATION ..................................................................................... 5
VII TERA/IS AND CONDITIONS 5-6
...........................................................................
VIII WORK WEEK/WORK DA Y ........................................................................... 6-7
IX OVERTIME 7
...........................................................................................................
SHIFT DIFFERENTIALS 7
....................................................................................
XI BUSINESS REPRESENTATIVE ACCESS 8
.........................................................
XII SHOP STEWARDS 8
..............................................................................................
XIII FRINGE BENEFITS 8
..............................................................................................
XIV DEFERRED COMPENSATION ........................................................................... 9
XV NON~DISCRIMINATION 9
...................................................................................
XVI HOLIDAYS 9-1 1
.....................................................................................................
XVII PAID TIME OFF ........................................................................................... 1 1-13
XVIII BEREAVEMENT LEAVE 13
.................................................................................
XIX LABOR/MANAGEMENT .................................................................................. 1 3
XX SETTTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION ............... 13-14
XXI SAVINGS CLAUSE ...................................................................................... 14-15
XXII OUTSIDE AGREEMENTS ................................................................................. 15
XXIII SAFETY SHOES 15
.................................................................................................
XXIV FLEXIBLE SPENDING ...................................................................................... 15
XXV LONG TERM CARE ........................................................................................... 15
XXVI BIWEEKLY PAY............................................................................................... 15
XXVII EFFECTIVE DATE & DURATION ................................................................... I6
APPENDIX A, OPERATING ENGR LOCAL #302 .......................................... 18
APPENDIX B, AIRPORT -LOCAL #440 LABORERS 19
....................................
APPENDIX C, 1965 LETTER OF AGREEMENT 20-21
......................................
MEMORANDUM OF UNDERSTANDING, DIST COUNCIL NO. 5 ..............22
MEMORANDUM OF UNDERSTANDING, LOCAL 1094 23
.............................
MEMORANDUM OF UNDERSTANDING. 24
....................................................
MEMORANDUM OF UNDERSTANDING, LOCAL 1094 .............................. 25
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
MAINTENANCE AGREEMENT ADDENDUM
Between
THE PORT OF SEATTLE
and
THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
This Agreement made and entered into by and between the Port of Seattle (hereinafter referred
to as the Port) and the Seattle/King County Building and Construction Trades Council and its
afliate local unions signatory hereto (hereinafter designated as the Union) on January 1, 2010
is for the purpose of establishing wages, hours of work, terms and condition of employment
and other items deemed important by the parties.
ARTICLE I
UNION RECOGNITION
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 as those rights are limited by the subsequent Articles of this
Agreement or applicable law. Nothing anywhere in this Agreement (for example, but not
limited to the Recognition and/0r Grievance Articles) 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.
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
ARTICLE III
MAINTENANCE OF MEMBERSHIP
All present employees who are members of a union on the date of signing of this Addendum
shall remain members as a condition of employment. Present employees who are not members
of the appropriate union at the date of the execution of this Addendum shall become members
and shall remain members of the appropriate union as a condition of employment. All
employees hired after the execution of this Addendum shall become members of the
appropriate union within the time periods specied respectively under each of the appropriate
union's 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 P01": 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 appropriate union. Prior to sending a written request for termination
to the Port, the appropriate union shall notify the affected employee of its intention to
ve (5) working
request termination. Such termination of employment shall be within
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 individual local unions afliated with the Seattle
Building and Construction Trades Council may execute separate special agreements regarding
special conditions not covered by this Maintenance Agreement Addendum or area construction
Addendum
agreements. Such special agreements may supplement this Maintenance Agreement
1965 Letter of Agreement or the applicable area labor agreement. All addendum or or the
of
special agreements between the Port and an individual union shall be subject to approval
Seattle/King County Building and Construction Trades Council.
Appendices shall be located at the end of this Agreement.
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
ARTICLE V
DEFINITION OF EMPLOYEE
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.
B. 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.
C. Emergency Employees: 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 an emergency employee shall not exceed one hundred eighty
(180) calendar days between employment and termination.
ARTICLE VI
HIRING NOTIFICATION
A. Notification of Vacancies: _The Port will advise the Council as well as the appropriate
affiliated local union at the time of any employment postings.
B. Notification of Employees Hired: The Port shall advise the Council and the appropriate
afliated local union of the names and social security numbers of Port employees covered
by this Addendum within seven (7) calendar days following the date of employment.
ARTICLE VII
TERMS AND CONDITIONS
The terms and conditions of this Maintenance Agreement Addendum interpret and supplement
Appendix A. Item 2 ofthe Appendix A shall be interpreted as indicated in A., B. and C. below.
A. Port Rate: The Port shall pay, on an hourly basis, to all regular journey level employees
dened by the labor agreements
an hourly rate equal to 88% of the construction rates as
between the Unions and their construction contractors. This shall not apply under
circumstances dened by paragraphs B. and C. below. Crew Chiefs (was formerly
Foreman) rates and rates for other classications shall be adjusted accordingly, keeping
their existing relationships to Port journey level rates.
The Port rate applies to all maintenance work. It shall also apply to new construction
this
pursuant to RCW 53.08.120 if the work is performed by employees covered under
Maintenance Agreement Addendum.
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
B. Termination Pay: A regular employee who is terminated because of lack of work, or a
off
cut back in the number of employees, who has worked less than one year will be paid
worked less
at the construction wage rate starting at the date of employment, for the time
payment received for holidays and vacations. Such adjusted construction wage rate
termination payments shall be limited to employees who are laid off solely due to
reduction in force.
C. 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 benets as
provided for in respective area construction agreements.
D. Apprenticeship: The P01t 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 individual local unions
of apprentices as part of the work
on developing policies promoting the employment
force covered by this Agreement.
ARTICLE VIII
WORKWEEK/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.
2. 4-10 Work Week - Four (4) consecutive days beginning on Monday and ending
There shall be three
on Thursday or beginning on Tuesday and ending on Friday.
(3) consecutive days rest period between 410 workweeks (Friday, Saturday and
Sunday or Saturday, Sunday and Monday).
B. 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 thhty (30) minute meal period shall be granted after four (4) consecutive hours
of an eight (8) hour shift and after ve (5) consecutive hours of a ten (10) hour
shi.
C. The workweek may be changed or modied to meet operational requirements as
with
provided in the uptown agreements. Any changes will occur only after consultation
the Union involved.
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
D. Article VIII, A. and B. apply unless otherwise modied as provided in this Agreement.
ARTICLE IX
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
and agreed to by the Port.
or by a letter of agreement that has been negotiated
Unless otherwise agreed with the Port, other premium rates will be the same as those set in the
various construction agreements.
ARTICLE X
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% over their regular rate when required to
work swing shift. When the applicable Uptown 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 shi.
C. Graveyard Shift: Graveyard shift shall be the nearest starting time to 12:00 midnight.
Actual start times may be between 10:00pm. and 1:00 am. Employees working a full
eight (8) hour shift shall receive a shi differential of 15% over their regular rate when
required to work graveyard shift. When the applicable Uptown Agreement affords
employees eight (8) hours pay for working less than a full eight (8) hour shi,
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 various construction agreements.
ARTICLE XI
BUSINESS REPRESENTATIVE ACCESS
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
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 state or the Port. This Article shall apply within the constraints of federal or
regulations and statutes, and the Airport Security Plan.
ARTICLE XII
SHOP STEWARDS
Each 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
loss of pay
matters including advising employees and assisting those facing discipline without
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.
in the
Shop Stewards on behalf of the Union shall have the authority to represent employees
of
processing of complaints or grievances. The Port understands that Shop Stewards are agents
the Unions, but as agents, their decisions in resolving matters are subject to Union approval.
ARTICLE XIII
FRINGE BENEFITS
A. Benefit Coverage: The Port shall continue to provide benefits coverage under the
conditions set forth in the appropriate local union's construction labor agreement in the
hereafter modied during the term of this
same amount and manner now in effect or
Agreement which has been historically followed by the Port. Fringe benet 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 construction
of such trust or
agreements. The action heretofore or hereafter performed by the Trustees
trusts are hereby adopted by the Port and the appropriate Unions. Fringe benet
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.
ARTICLE XIV
DEFERRED COMPENSATION
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
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 Addendum or 1965 Letter of Agreement,
the Area Construction Agreements, or to negotiation by any Union.
ARTICLE XV
NON-DISCRIMINATION
The appropriate 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, martial status,
sexual orientation, political ideology, Vietnam era veteran status, ancestry or the presence of any
de occupational qualication
sensory, mental or physical handicap unless based on a bona
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 XVI
HOLIDAYS
A. Designated Holidays: The following eleven (11) days, or days in lieu thereof, shall be
observed and recognized as paid holidays for regular employees as set forth in this
Article and Article IV, A.
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 Designated
Floaters To be taken any time during contract 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.
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
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 rst workday of the following
week is to be observed.
C. Holiday Pay Rate and Qualications: _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 de illness covered by a Doctor's certicate 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.
Port-related court appearances as confirmed by Port counsel,
Jury duty when jury service occurs on the employee's regularly scheduled
shift,
Military leave,
Non-Port related court appearances should be reviewed on a case-by-
case basis and mayor may not be qualifying. However, appearance as a
subpoenaed prosecution witness would be qualifying (date subject to
conrmation by counsel of record), .
g) When leave without pay is scheduled the day before or the day alter 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.
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
D. 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 rst scheduled workday
following the employee's vacation.
E. 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
PEW-
F. Holiday Pay for Shift Workers: Regular employees normally working shi wili be paid
at the rate of the shift rate to which the employee is assigned.
G. Accumulation of Floating Holidays: 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 offorty (40) not used by the end ofa given year will be
forfeited
ARTICLE XVII
PAID TIME OFF
A. Rates of Accrual: Effective January 1, 2005, and based upon a pro rata share of a
full-time work schedule, paid time offis earned as follows:
From Date of Hire Through 59"1 Month: Based on the rst day of employment, from the
rst full month to and including the fty-ninth (59th) full month of continuous
employment, regular employees shall accrue paid time offyat the rate of .0577 per
compensated straight time hour (.0577 x 2080 annual hours = 120 hours per year).
From the 60th Month Through 143rd Month: From the sixtieth (60th) full month to and
including the one hundred forty-third (l43rd) full month of continuous employment,
regular employees shall accrue paid time off at the rate of .0769 per compensated
straight time hour (.0769 x 2080 annual hours = 160 hours per year).
After 144th 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
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
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 shi rate to which the employee is assigned, provided the
employee works more than fty 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 one (1) year 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.
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
of any kind, the employee has
surgery or accident, or has experienced hospitalization
the responsibility to report the illness, injury or accident to his/her manager at the
rst opportunity, and he/she is required to submit a physician's release as t 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 caseby-case basis, and while not
guaranteed, accommodations will be examined.
H. Leaves of absence without pay: Leaves of absence without pay (LWOP) will be
approved on a case-by-case basis, based on the needs of the work group. Requests
for leave without pay are not guaranteed time away from the 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 oaters must have
been exhausted rst. Authorization ofLWOP 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.
Retroactive Paid Time Off Accruals: Paid time off for regular employees shall
accrue from date of hire. Individuals employed as emergency hires, who are
subsequently hired on as regular employees, shall have their hire dates adjusted by
the time employed during the previous one hundred eighty (180) calendar days. 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.
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
ARTICLE XVIII
BEREAVEMENT LEAVE
shall be allowed three (3)
Any employee who suffers a death in the their immediate family
or ten (10) hours'
working days off to attend the funeral and shall be compensated eight (8)
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 the
as the distance to the funeral and the extent of employee involvement with
the number of days to be
arrangements for the deceased shall be considered in determining
granted an employee. Immediate family shall be defined as wife, husband, 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.
ARTICLE XIX
LABOR/MANAGEMENT
The parties recognize it is in their best interest to develop and maintain a good on-going
working relationship that and
promotes further development of trust, communication
cooperation. Therefore the parties agree to establish a Labor/Management Committee for
the purpose of developing issues of common
a cooperative problem-solving forum on
concern. It is understood and agreed that the Labor/management Committee has no
authority to amend or negotiate the labor Agreement.
AGREEMENT XX
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.
B. Resolution of Disputes: The parties shall in good faith work jointly toward resolution of
it shall be reduced to
disputes. If any dispute cannot be settled at the plant (shop) level,
writing and referred to a representative of the Union and the Port. If the Port and the
Union representatives are unable to reach agreement within two weeks, the dispute may
be referred by either party to a mutually acceptable arbitrator within thirty (30) days. If
agreement cannot be reached for arbitrator selection, the Federal Mediation and
Conciliation Service shall appoint an arbitrator. The decision of the arbitrator shall be
final and binding, and shall be limited by the terms and provisions of this Addendum or
of the applicable agreements referenced by this Addendum. The cost of arbitration shall
be shared equally by 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
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
and/or settlement of any grievance, including hearings and nal decisions of
arbitrators, the Union shall be the exclusive representative of the employee(s)
involved.
D. Discharge or Suspension for Just Cause: The Port may discharge or suspend any
employee for just and sufcient 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 within fteen (15) working
days of the date of violation. In cases of gross misconduct, such as, but not limited to,
instances involving theft or physically assaulting a supervisor, immediate discharge or
suspension may be accomplished without prior warning notice. Warning notices must be
timely. A written warning notice shall be null and void unless given to the employee and
sent to the Union within fteen (15) 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 local 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 fteen (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 local union
involved.
ARTICLE XXI
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 denite extension of time is
mutually agreed to.
ARTICLE XXII
OUTSIDE AGREEMENTS
The Aiticles and Appendices of this agreement and any understandings related hereto
comprise the fundamental agreement of the parties. Any items not amended by this
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MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
agreement or otherwise interpreted by the parties are covered in the appropriate uptown
outside agreements.
ARTICLE XXIII
SAFETY SHOES
The Port shall pay regular employees a $100.00 stipend each contract
year for the purchase
price or repair of ANSI approved footwear (Z41.1 1991/1999). The Port shall pay employees
who have accrued at least 1,000 hours of work a $100.00 stipend each contract
year for the
purchase price or repair of ANSI approved footwear (Z41.l i991/1999).
The stipend shall be paid in the rst 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 Addendum or to
negotiation by the Union.
ARTICLE XXV
LONG TERM CARE INSURANCE
Employees shall be eligible to participate in the voluntary, employeepaid Long Term Care
insurance plan made available to Port non-represented employees. 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 the content of the plan
itself, plan administration and any determination made under the plan shall not be subject to the
grievance procedure or to any other provisions of this agreement or to negotiation by the
Union.
ARTICLE XXVI
BI-WEEKLY PAY
Payroll checks shall be distributed on a biweekly basis consistent with the payroll procedures
for non~represented employees. Employees are encouraged to enroll in direct deposit with their
designated nancial institution.
ARTICLE XXVII
EFFECTIVE DATE AND DURATION
This Addendum shall be in full force and effect for a period of two (2) year from January 1,
2011 through December 31, 2012
Signed this day of 2 12.
,
-15_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
FOR THE SEATTLE BUILDING & CONSTRUCTION TRADES COUNCIL
AND ITS AFFILIATED UNIONS:
By_____
SEATTLE BUILDING & CONSTRUCTION TRADES COUNCIL
ByW
Painters District Council No.5
By _.,,_____
United Association of Plumbing and Pipetting Industry, Local No. 32
By ___________
Sheet Metal Workers International Association, Local No. 66
Bym
Hod Carriers and General Laborers, Local No. 242
By _w____I___
Laborers. Pavers. Sewer. Watermain and Tunnel Workers, Local No. 440
ByM
International Union of Operating Engineers, Local No. 302
By W_________
United Association of Plumbing and Pipettings Industry, Local No. 699
By_______
International Union of Painters and Allied Trades District Council 5
FOR THE PORT OF SEATTLE
By,_____
Tay Yoshitani, Executive Director
"16
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
APPENDIX A
OPERATING ENGINEERS LOCAL 302
1. Rates of Pay: The Port agrees to pay the Condor Operator 88% of the Group lAAA. All
other equipment operators will be paid at 88% of Group 2.
Day Shift
Effective June 1, 2004 Group 1AAA $31.67
Effective June 1, 2004 Group 2 $29.63
2. Eguipment Operator: Port of Seattle Marine Maintenance has a Local 302 Equipment
Operat0r(s) position that supports all crafts. With the exceptions of craft jurisdictions
historically recognized, the operation of the sweeper, vactor, boom truck (stinger) hook,
Condor crane, back hoe/excavator and crane maintenance when assigned, is the agreed work
for this operator position.
3. Pension: Effective January 1, 2003, the pension contribution rate will be equal to the AGC.
All monies collected for Pension by the Employer shall be paid to the agent of Local 302,
namely: Engineers Employers Trust, c/o Welfare and Pension Administration Services,
Inc., P.O. Box 34205, Seattle, Washington 98124-1205.
4. Dues Check off: In accordance with the terms of an individual and voluntary written
authorization for check off of membership dues in form permitted by the provisions of
Section 302 @ of the Labor Management Relations Act, as amended, the Employer agrees to
deduct for working dues check off at two percent (2%) of gross wages up to a maximum of
173.3 hours per month, effective upon the signature date. The Employer shall remit on a
monthly basis working check off dues that have been authorized by the membership of Local
302. Working dues check off shall not be deducted on paid time off hours paid but not
worked holiday hours paid but not worked, or on bereavement hours paid but not worked.
All monies collected for working dues by the Employer shall be paid to the agent of Local
302, namely: Engineers-Employers Trust, c/o Welfare and Pension Administration Services,
PO Box 34205, Seattle, Washington 98124-1205.
_17_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
APPENDIX B
AIRPORT -LOCAL #440 LABORERS
All overtime will be paid at double time (2X), in accordance with an agreement that the travel
time provisions in the uptown agreement be waived for heavy, highway, and engineering project
work outside the city. Otherwise such work would require paying travel costs to SeaTac
employees on a daily basis. Paying all oveitime at the double time rate was a trade off to avoid
application of travel cost provisions.
In addition, other conditions exist which are favorable to the Port at Sea-Tac as a result of long-
term informal agreements. Sea- Tac Laborers are on a multiple shift/split workweek where days
off are other than Saturdays and Sundays, but Saturday and Sunday are not overtime days unless
they happen to be the sixth and seventh day of an employee's workweek. The contract
specically provides for double time on Sunday and makes no mention of split workweeks,
which have been in effect for many years at Sea-Tao. Also, the airport does not pay premiums
for jack hammer and sewer work and this has never been questioned by the Local #440 Union
ofce.
The Crew Chief's differential (Foremen's differential) shall be in addition to the shift premium
of the highest shift over which the Crew Chief has direct responsibility (highest shift
differential plus Foremen's differential). This adjustment applies retroactively to the contract
date, and only during the time the specic job assignment (Crew Chief) is performed.
-13_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
APPENDIX C
FEBRUARY 10, l965
SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
2800 FIRST AVENUE
SEATTLE, WASHINGTON 98101
Gentlemen:
The Port of Seattle recognizes International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers & Helpers, Lodge No. ] 04; District Council of Carpenters of Seattle, King
County and Vicinity; Hod Carriers and General Laborers Union, Local No. 242; Western
Washington District Council, International Hod Carriers, Building and Common Laborers of
America; International Union of Operating Engineers, Local No. 302; Painters District Council
No.5 of Seattle and King County; United Association of Journeymen and Apprentices of the
Plumbing and Pipetting 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
Pipetting Industry for the United States and Canada; International Brotherhood of Teamsters,
Chauffeurs and Helpers of America, Local No. 174; and Paint Makers, Sign, Display, Truck
Painters & Allied Trades, Local No. 1094; all of which are afliated with the Seattle Building and
Construction Trades Council and the Seattle Building and Construction Trades Council
(hereinafter collectively referred to as the "Union"), as the collective bargaining representative of
the employees of the Port of Seattle who are employed in crafts or job classications which
would otherwise be covered by collective bargaining agreements between other employers in this
area and the Union (hereinafter referred to as "unit employees"), and which would not otherwise
be covered by collective bargaining agreements between other employers in this area and labor
organizations other than the Union (hereinafter referred to as "non-unit employees") for the
following purposes and subject to the following conditions:
1. The Port of Seattle has in the past employed unit employees afliated with the Union in
the above crafts and job classications 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 Benefit 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 classification and whether or not
such employee is a unit or non-unit employee;
_19_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
b. to direct the work of its employees;
c. 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;
d. to relieve employees of duties because of lack of work or for other legitimate
reasons;
6. 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 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.
This agreement shall be subject to any Federal or State Law and the terms of the Port's
Wage and Benet 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 provisions hereof become unlawful by virtue of any Federal or
State Law or conict with any resolution of the Port of Seattle or any rule or regulation
promulgated by the Port of Seattle, such provision shall be modied to comply with such
law, resolution, or rule or regulation.
_20_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE '
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
MEMORANDUM OF UNDERSTANDING
Port of Seattle
And
The International Union of Painters and Allied Trades
. AFLCIO, District Council No. 5
This Memorandum of' Understanding shall be effective in conjunction with the
Mnintenmiee Addendum. The purpose ofthis memorandum ofunderstanding is to modily
the Full Time Regular Painter wage rate, pension and benets stated in the Uptown
Agreement and Maintenance Addendum as follows:
i. The Painters shall receive 83% of the rate tinder the Painters Uptown
Agreement as their regular full-time mice
2. in lieu efall premium pay for special assignments, Painters shall receive
a 9%
premium pay on top of the base wage rate established in paragraph 1 above,
on all regularly compensated hours.
3. Painter Foreman shall receive $1.56 above the highest joumeyman rate in the
shop in which the Foreman is assigned.
4, When a Port of Seattle Division determines that a General Foreman is needed
for the management of operations at their location; the Palmer General
Foreman shall receive $1.50 above the highest paid joumeyman (including
_ Foreman) supervised at the shop in which the General Foreman is assigned.
5. Painters shall receive pensions listed in the Striping Agreement for
Washington a. Idaho. Specically, Painters shall be eligible for Westem
Washington Painters Pension Trust, Article XX of the Striping Agreement,
and the lUPAT Pension, Article XXII ofthe Striping Agreement.
(3, Paid Time oft'shall t'teeme at the rate specied in the Maintenance Addendum,
on all compensated hours up to 2080 hours.
7. Painters who perform work on any of the Observed and designated holidays
Shall be paid the actual time worked at double the regular tll-time rate.
8. Marine Maintenance shall provide each Painter in that division with ve (5)
pairs ofwhites-eoveralls, and, provide laundry service.
9. All wage, benet, pension, PTO, and holiday accrual shall be retroactive to
January I, 2008.
This agreet'nent is entered into on theJ 3'11: day of Q5;ng_ ,4g 2008.
_
International Union of Painters Allied Tradw, THE PORT OF SEA'lTLE:
DiSIriet Council No. 5:
/ .t .srrff -
-
F
--
Ran Eastburn I I To}, shttam
Field Renresentntiva ChiefExecutive Ofcer
_21_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
MEMORANDUM OF UNDERSTANDING
Between the
PAINT MAKERS, SIGN, DISPLAY,
TRUCK PAINTERS & ALLIED TRADES LOCAL UNION 1094
And the
PORT OF SEATTLE
The purpose of this memorandum of understanding is to modify the foreman differential stated
in the uptown agreement as follows:
ARTICLE V. CLASSIFICATIONS AND MINIMUM RATE OF PAY
f. FORBMAN
Effective on signing of this memorandum of understanding, Sign Painter Foreman shall receive
ten percent (10%) above the highest classication supervised.
IN WITNESS WHEREOF, the parties concur this day of 2009.
,
By
PORT OF SEATTLE
By
PAINT MAKERS, SIGN, DISPLAY, TRUCK PAINTERS & ALLIED TRADES
LOCAL UNION 1094
"22_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
Memorandum ofUnderstanding
by and between
THE PORT OF SEATTLE
AND
SEATTLE BUILDING TRADE AND CONSTRUCTION TRADES COUNCIL
The parties, the Port of Seattle and the Seattle Building and Construction Trades
Council, agree to memorialize the paSt practice and process ofthe Port of Seattle
Marine Maintenance pre-employment drug screen testing. The parties agree
as
follows:
1. Marine Maintenance has historically and shall prospectively require all
applicants called from the Union Halls, to pass a post-offer/pre-employment
drug-screening test.
i
2. Marine Maintenance shall pay forthe screening test. However, the pre-
employment screening shall not be Compensated time.
3. Local members sent back to the Union Hall and recalled to employment at the
i
Port of Seattle Marine Maintenance shop shall not undergo additional pre-
employment testing unless there is more than a six month break in service.
4. If the Port of Seattle Marine Maintenance should enter into the Drug Free
Workplace Program in the future, this issue and MOU will be revisited.
In WITNESS WHEROF, the aforementioned have executed this memorandum
ofunderstanding on day of 2011.
Port of Seattle
. Seattle'Building and Construction
Trades Council
Tay Yoshitani Lee Newgent
CEO, Port of Seattle Executive Secretary
.
-23_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
LOCAL UNION NO. 1094
(WWW
hm!" Mam
323:3};33'Eg'm PAINT MAKERS, SIGN,DISPL1W,Q mmg
rmnommmm
TRUCKPAMTEES s:ALLIED TRADES
:- aerzh -
Waslngmm OmanandMake g
l
,
E
& MEMORNUMOFUNDERSTANDING
1
E
Between the
INTqumamI;HERE! {:5mmmasArm ALLIED-mama
313mm EQUNQILN83
Andthe
ram {PF SEATTLE
5:110? and in cmuimtian will}
This Mnmarandum erndaxslanding shall be effeclivc
13funderstanding is :0
the Maintenance Adcfndum. The pgmasaz Dfs memorandum
stated. in the Hptewn Agreemgmi and
MIKE? me Sign Painter wage rate and benets
Mamie-name. Addandum as failows:
under tin: Hamlets Uptown Agree-mam as
1. Sign Painters shall receivc 38% 9fthe rat;
their regular run time wags rate. .
for spceial assigunmnts. 3:111:11; of
2, Sign Painter-s shah 1m iegcr ctive ramium pay
can top
all premium pay, Sign Paintem almli reccive a nine percgnl {9%) prcmhsm pay
1 above, an nil- {gulay
Qfm hase wage mic established mam-ding ta Paragraph
namgcnmted hunts.
the lgbcs: glassicagn
3; aWage my; 6f IDEIE above
Sign Painter Format: snail receive
supervised.
.
.
"I? mecive the {mansion amoums tistcd in
4. Full Time Emplgyce {FTE) Sign minim shall
for Washhlgian 5:: [68319.
Article XX and ArticluXXII afx; Striping Agracmcn;
in 1113 Paint Makers Panama (lg-ned
Syccicnlly, WE- Sign Painters shalt paniqipaic
dc-ne benet plan.
ccnuibuiim plan 11116 lbs: I'UI'AT induauy P13115101:
Bank: msmvm
Scan H. Elam
Business Repmsaaiath-a
Easiness Hepmsanmn'm .
{mistrial CW3 5
DEW: Councif
T & ALLIED TRADES
INTERNATIONAL UNION m: PAINTERS
_24_
MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE
AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL
5. Emergency Hire (EH) Sign Painters shall receive the pension
malnums listed in the
Sign i'nintcrs Uptown Agreement. Specically, EH Sign Painters
shall pnnlcipmc in
the IUPA'I' Industry Pension dcned benet
plan.
6. WE and EH Sign Painters shall receive the
health and welfnrc amounts required
to
mainlnin the benets ofthe Local 1094
HQQIIII and Welfare Medical Trust.
7. Sign Painters who perform work
on any ofu: observed and designated
shall 1x; paid the actual time marked holidays
at double the mgulnr full-zimc mac.
..
,,_ ,7 fMW
V
__
IONAL UNION OF PAImsN'I'E' AND ALLIED
TRADES
__25_
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