6a agree
COLLECTIVE BARGAINING AGREEMENT
By and Between
"Port of Seattle
And
Teamsters Local Union No. 117
Affiliated with the
International Brotherhood of Teamsters
REPRESENTING
|
POLICE/FIRE COMMUNICATIONS SPECIALISTS
Term of Agreement
January 1, 2009 - December 31, 2011
NOTICE TO ALL MEMBERS
If you become unemployed, or are off due to an on the-
job injury, in the jurisdiction of the Local Union, you will
be put on a withdrawal status on request providing all
dues and other financial obligations are paid to the Local
Union, including the dues for the month in which the
withdrawal status is effective.
If you are on a dues check-off with your company and
leave for any reason and dues are not deducted, it is
your obligation and responsibility to keep your dues
current or request a withdrawal.
TABLE OF CONTENTS
PORT OF SEATTLE
POLICE/FIRE COMMUNICATIONS SPECIALISTS
ARTICLE PAGE ARTICLE NO.
Appendices & Letters of Understanding 20 27
Incorporated into Agreement
Bereavement Leave 5 12
Bulletin Board 2 6
Business Representative Access 2 5
Compensation for Travel Time 12 ~~ -- 16
Conference Board-------semmmmmmmmmmmmmmmom omen 22 cme 29
DiSCIPliNg =-=-=mrmmmmm mmmmmaeon 4 meee 9
Entire Agreement ------=-m-mmmmmmmmeasm meme 20 —-mmmmmmmeeeeeee 26
Equal Employment Opportunity 2 7
:
Grievance Procedure a 20 28
Holidays 11 15
Hours of Work and Overtime 6 13
Job Share ; 25memeenen 32
Jury Duty & Witness Service --~----m-m-m-=mmmmmmmmsmamen 4 commen 11
Leave Without Pay «-------==rmmeenmsmmmmememoooo 15 mommmmmeimm eee 20
Long Term Disability ----- meme 17 =ammmmmmme- meme 22
Management Rights -- sme Berm 8
Payroll Deduction -- 2 4
Performance of Duty, Strikes, and Lockouts 19 24
Professional Liability 13 17
:
Purpose of Agreement 1 a
Reduction in Force 4- 10
Re-Employment Rights After Voluntary Termination
of Employment «-------=smmmmmeememmeme 23 mmm 30
Requested Benefits 13 19
Savings Clause 19 25
Seniority ; 24 31
Sick Leave 16 21
Teamster Health and Welfare Programs 18 23
Term of Agreement -- 4BE 33
Uniforms and Equipment ----=--m=mzemmmmmmmmmscece ceeen LE 18
Union Recognition =--------=s=mmmemmmmmm mememec oeeeee fa 2
Union Security =-=---------=scmmnmmnmmmmmm-- 1 - 3
Vacation -------- 8 14
Appendix “A” — Pay Rates 26-30
Appendix “B” - Drug Testing / Substance Tests --- 31-35
Letter of Understanding
Re: Lateral Entry. Communication Specialists --- 36
PORT OF SEATTLE
POLICE/FIRE COMMUNICATIONS SPECIALISTS
ARTICLE 1 —- PURPOSE OF AGREEMENT
This mutual Collective Bargaining Agreement (hereinafter referred to as the Agreement) has
been entered into by Teamsters Local Union No. 117, affiliated with the International
Brotherhood of Teamsters (hereinafter referred to as the “Union”), and the Port of Seattle
(hereinafter referred to as the “Port”), which may hereinafter be referred to as Parties. The
purpose of this Agreement is the promotion of harmonious relations between the Port and
the Union; the establishment of equitable and peaceful procedures for the resolution of
differences; and the establishment of rates of pay, hours of work, benefits, and other terms
and conditions of employment.
ARTICLE 2 — UNION RECOGNITION
. The Port recognizes the Union as the sole and exclusive bargaining agent for Port Police
employees performing radio dispatch and police/fire communications duties, except two (2)
Communications Supervisor positions (of the Non-Sworn Supervisors bargaining unit) and
one (1) Communications Center Manager position (non-represented).
ARTICLE 3 — UNION SECURITY
3.01 All employees shall become members of the Union within thirty (30) days
following the beginning of their employment and shall remain members during the life of this
Agreement as a condition of their continued employment. No employee will be terminated
under this Article if the Port has reasonable grounds for believing:
.(@a) That membership was not available to the employee on the same terms and
conditions generally applicable fo other members, or
(b) That 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.
3.02 The Port shall discharge or otherwise cause the termination of employment of
non-complying employees upon receipt of written request by the Port's Director of Labor
Relations from the Union. Prior to sending a written request for termination to the Port, the
Union shall notify the affected employee of its intention to request termination. Such
termination of employment shall be within five (5) working days of receipt of written request
by the Port's Director of Labor Relations.
Port of Seattle
Police/Fire Communications Specialists
3.03 The Union agrees to indemnify and save the Port harmless against any liability,
which may arise by reasons of any action(s) taken by the Port to comply with the provisions
of this Article.
ARTICLE 4 —- PAYROLL DEDUCTION
4.01 Dues Deduction. The Port agrees to deduct from the paycheck of each
member covered by this Agreement who has so authorized it by signed notice submitted to
the Port, the initiation fee, and regular monthly dues. The Port shall transmit such fees to the
.
Union once each month on behalf of the members involved.
4.02 Teamsters Legal Defense Fund Participation. The Port agrees to deduct from
the paycheck of each member covered by this Agreement who has so authorized it by signed
- notice submitted to the Port, the necessary fee, assessment, and regular monthly fee to
provide the Teamsters Legal Defense Fund. The Port shall transmit such fees made payable
to “Teamsters Legal Defense Fund” and send to American Legal Services, Inc.
ARTICLE 5 — BUSINESS REPRESENTATIVE ACCESS
The Port agrees to allow reasonable access to Port facilities 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 Police Department (hereinafter referred to
as the Department) or the Port. This Article shall apply within the constraints of federal or
state regulations, statutes, and the Airport Security Plan.
ARTICLE 6 — BULLETIN BOARD
A bulletin board found to be acceptable and in compliance with the needs of limited use by
the Union shall be provided by the Port. This bulletin board shall be used, maintained, and
controlled by the Union. It is understood and agreed to that no material shall be posted
which is obscene, defamatory, or which would impair Port operations.
ARTICLE 7 —- EQUAL EMPLOYMENT OPPORTUNITY
It is mutually agreed between the Port and the Union that there shall be no discrimination
against any employee, applicant for employment, any Union member, or applicant for Union
membership because of race, creed, color, national origin, sex, honorably discharged
veteran or military status, Vietnam era veteran, marital status, sexual orientation, or the
presence of any sensory, mental, or physical disability, or the use of a trained dog guide or
service animal by a person with a disability, unless the absence of such physical, mental, or
sensory disability, or age, is a bona fide occupational qualification. The Port and Union
agree that this Article shall comply with applicable federal and state laws.
Port of Seattle
Police/Fire Communications Speciallsts
ARTICLE 8 — MANAGEMENT RIGHTS
8.01 The Union recognizes the prerogatives of the Port to operate and manage its
affairs in all respects in accordance with its responsibilities and powers of authority.
8.02 The Port reserves any and all exclusive rights concerning the management
and operation of the Department, except as specifically limited in this Agreement. In
exercise of such exclusive management rights, it is not intended that any other provision of
this Contract providing a specific benefit or perquisite to the covered employees shall be
changed, modified, or otherwise affected, without concurrence of the Union.
8.03 Subject to the provisions of this Agreement, the Port reserves the following
specific and exclusive management rights:
(a) To recruit, assign, transfer, or promote members to positions within the
Department, including the assignment of employees to specific jobs;
(bp) To suspend, demote, discharge, or take other disciplinary action against
members for just cause;
(c) To determine the keeping of records;
(d) To establish employment qualifications for new employee applicants, to
determine the job content and/or job duties of employees, and to execute the
combination or consolidation of jobs;
(e) To determine the mission, methods, processes, means, policies, and personnel
necessary for providing service and Department operations, including, but not
limited to: determining the increase, diminution, or change of operations, in
whole or in part, including the introduction of any and all new, improved,
automated methods of equipment; and making facility changes on Port-owned,
leased, or rented property;
(f) To control the Departmental budget, and if deemed appropriate by the Port, to
implement a reduction in force;
(9) To schedule training, work, and overtime as required in a manner most
advantageous to the Department and consistent with requirements of municipal
employment and public safety, subject to the provisions of this Agreement;
(h) To establish reasonable work rules, and to modify training;
(i) To approve all employees’ vacation and other leaves;
Port of Seattle
Police/Fire Communications Specialists
(i) To take whatever actions are necessary in emergencies in order to assure the
proper functioning of the Department; and
(k) To manage and operate its Departments, except as may be limited by
provisions of this Agreement.
8.04 It is understood by the Parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described.
ARTICLE 9 DISCIPLINE
—
The Parties agree that discipline is a command function. Decisions on disciplinary matters
where discipline imposed involves discharge, suspension, demotion, or written reprimands
shall be subject to the grievance procedure; however written reprimands may not be pursued
to Arbitration. Oral admonishments, verbal warnings, counseling, performance evaluations,
and remedial training shall not be subject to the grievance procedure.
ARTICLE 10 —- REDUCTION IN FORCE
10.01 The Port shall maintain one (1) seniority roster for police/fire communications
employees. Employees laid off as a result of reduction in force shall be laid off according to
reverse seniority on the roster. Employees with the least time shall be the first laid off. In the
event that two (2) or more employees eligible for layoff shall have the same seniority date,
the Chief of Police (hereinafter referred to as Chief) shall determine the order of layoff based
on management's evaluation of individual employee performance and special skills.
10.02 Employees laid off in accordance with the provisions of this Article will be
eligible for rehire in the inverse order of layoff for a period of one (1) year following layoff.
The Port shall provide updated seniority rosters to the Union on a quarterly basis or upon the
Union's request.
10.03 In the event of an imminent reduction in force, written notice shall be provided
to each employee scheduled for layoff at least fourteen (14) days prior to termination.
10.04 Probationary employees shall not be subject to recall, pursuant to Article 31 of
this Agreement.
ARTICLE 11 — JURY DUTY & WITNESS SERVICE
11.01 Compensation. When a Communication Specialist is called for and serves on
jury duty, the Communication Specialist will be compensated for the number of hours that the
Communication Specialist regularly works in a workweek, less any compensation received
from the court for such service. Employees shall forward their jury duty compensation paid
by the court to the Port's payroll section upon return from jury duty and receipt of the
Port of Seattle
Police/Fire Communications Specialists
compensation paid by the court. For a Communication Specialist's service as a subpoenaed
witness on a job related case, Port compensation outside of regularly scheduled work hours
is payable at the overtime rate if such service is in excess of the normal daily or normal
weekly working hours' schedules. (See Appendix A, Section II(F) — Court Appearances).
11.02 Hours of Work. For the period of jury duty service, the Communication
Specialist shall be assigned to a Monday through Friday workweek on day shift schedule.
The Communication Specialist that is released from jury service on any day shall
immediately call-in to work and report for duty if required. Upon final release from jury duty,
the Communication Specialist will return to his or her regular schedule in such a way as to
permit an uninterrupted continuation of compensation, and the maximum amount of work
availability for the Port; provided, that no Communication Specialist regularly scheduled to
work night shift shall be required to work on the night shift immediately following the
conclusion of jury duty.
11.03 This Article shall not be construed to include either grievances or arbitrations as
defined in Article 28 of this Agreement.
ARTICLE 12 — BEREAVEMENT LEAVE
12.01 Employees who have been employed for thirty (30) or more days of
uninterrupted service, and who have suffered the loss by death of a member of their
immediate family, as defined in this Article, shall be eligible to receive up to forty (40) hours
of leave per bereavement, at the discretion of the employee’s supervisor, and under the
supervision of the Chief of Police. Such leave shall not result in compensation for more than
the number of hours in any normal work week.
12.02 “Immediate family” shall be defined as the spouse or domestic partner of the
employee, and the following relatives of either the employee, spouse, or domestic partner:
child, step-child, child's spouse, grandchild, parent, step-parent, grandparent, sibling, and
sibling’s spouse. In special circumstances, the Chief and/or Human Resources may include
- other relatives in the definition for purposes of bereavement leave.
12.03 Individual circumstances, such as distance to the funeral and the extent of
employee involvement with the arrangements for the deceased, shall be considered in
determining the number of hours to be granted an employee.
12.04 Following use of bereavement leave, in case of death of an employee's
spouse, domestic partner (as defined under the Port's Salary and Benefit Resolution), or
child, an employee may take up to two (2) weeks of sick leave.
Port of Seattle
Police/Fire Communications Specialists
ARTICLE 13 — HOURS OF WORK AND OVERTIME
13.01 Designated Workweek. The normally scheduled workweek shall be comprised
of forty (40) hours, defined by the Port as beginning at 12:01 a.m. on Sunday and ending at
midnight on Saturday. Port payroll shall be on an eighty (80) hour biweekly basis.
13.02 Hours of Work. The normally scheduled workweek for employees shall be forty
(40) hours per week as generated by the four/ten (4/10) work schedule.
13.03 Work Schedule. The normal work schedule shall be as follows:
All full-time regular employees shall be assigned by seniority preference to staff the work
shifts per the work schedule.
"As soon as practical within thirty (30) days following a vacancy, employees (who have
completed the training program) shall be provided the opportunity to exercise seniority
preference to fill any open permanent position in the schedule caused by transfer or
termination of employment, provided however, that a senior employee may not displace a
permanently assigned junior employee (no “bumping”).
The normal workweek and normal workday for Communication Specialists may be modified
to accommodate training or educational requirements with as much notice as possible, but
not less than five (5) calendar days’ notice.
13.04 Work Shifts. Starting times for permanently assigned rotating shifts shall be
determined by mutual agreement, subject to the following:
Day Shift shall start between 0500 hours and 0900 hours.
Swing Shift shall start between 1300 hours and 1900 hours.
Graveyard Shift shall start between 2100 hours and 0300 hours.
Effective January 1, 2010, starting times for permanently assigned rotating shifts shall be
determined by mutual agreement, subject to the following:
Day Shift shall start between 0400 hours and 1100 hours.
Swing Shift shall start between 1200 hours and 1700 hours.
Graveyard Shift shall start between 1800 hours and 0300 hours.
Except during a bona fide emergency, or to accommodate training requirements and
requests, or by mutual agreement, permanently assigned employee schedules shall not be
changed.
Port of Seattle
Police/Fire Communications Specialists
Employees shall have a minimum of twelve (12) hours off between shifts. If an employee
returns to work with less than twelve (12) hours off, he/she shall receive pay at the overtime
rate for all time worked until twelve (12) hours have passed since the end of the prior hours
worked.
Each full-time regular employee shall rotate, every four (4) months, so as to work one (1)
cycle in each Day, Swing, and Graveyard shifts. To the extent possible, said rotation shall
occur between one (1) week prior to and one (1) week following the start of each of the four
(4) month cycles (January, May, and September) in conjunction with the two (2) or three (3)
day break in the employee’s schedule.
13.05 Overtime Pay. The overtime rate of pay is one and one-half (12) times the
employee's regular rate of pay for work performed. There shall be ho compounding or
"pyramiding" of overtime pay. Overtime provisions in this Article are subject to the
requirements of the Fair Labor Standards Act (FLSA).
Except as provided below, hours worked in excess of ten (10) hours per day, or in excess of
the normally scheduled workweek as defined in Section 13.01 of this Article, shall be
compensated at the overtime rate.
If, as a result of a bid shift rotation, or as a result of a mandatory change to an employee’s
straight-time schedule, an employee works more than eighty (80) straight-time hours in any.
fourteen (14) day period, such employee shall be compensated at the overtime rate for all
hours worked in excess of eighty (80) straight-time hours.
Exceptions: (a) When an employee is involved in trading days off with another
employee which results in work in excess of the normal workweek.
(b) Overtime consideration in conjunction with travel compensation
shall be reviewed on a case basis.
13.06 Scheduling Days Off. The Port shall not change or reschedule days off to
prevent payment of overtime.
13.07 Trading Days Off. An employee may trade days off with another employee,
provided that the trade involves an even, reciprocal arrangement that is accomplished within
a forty-five (45) day period. When trading days off, employees’ paychecks will vary to show
actual time worked, and hours in excess of the provisions of Section 13.05 of this Article
resulting only from the trade shall be compensated at the straight-time rate.
13.08 Mealtime Disruption. In the event an employee is called back to work from
mealtime and is not provided a meal period of reasonable duration later in the shift, or the
employee is not provided proper relief in order to take a meal period during the shift, the
employee shall be compensated one-haif (2) hour at the overtime rate for the remainder of
the mealtime not taken. An employee shall not be required to take a meal period during the
Port of Seattle
Police/Fire Communications Speciallsts
first two (2) hours or the last two (2) hours of the shift. An employee who works more than
four (4) hours shift extension or more than four (4) hours call-in or scheduled overtime shift,
shall be provided a meal period during the overtime assignment or be compensated at the
overtime rate for the missed meaitime. If any employee independently or without proper
authorization elects not to take a mealtime, and no emergency or extenuating circumstance
exists, such employee shall not receive overtime payment for the mealtime missed.
13.09 Approval and Assignment of Overtime. Authority for the approval of overtime
work shall be limited to Department management or its designees, provided however, that
when unanticipated coverage is needed, in the Supervisor's absence, employees may
authorize, approve, and assign overtime to themselves or to solicit other Communications
employees to work overtime. :
In the event that two (2) or more employees request the same overtime assignment, the
senior employee shall be given preference. However, preference will be given to an
employee willing to work the majority of the available hours of an overtime assignment when
called in on a scheduled day off. An employee who accepts an overtime assignment is
expected to fill that assignment. In the event of involuntary assignment of overtime, the
junior eligible employee shall receive the assignment, provided however, that all other
options should be exhausted prior to calling an employee in on a scheduled day off. Except
in a bona fide emergency, no employee shall be assigned to work more than twelve (12)
hours in any day, including overtime, provided however, that an employee may volunteer to
work up to sixteen (16) hours.
Overtime provisions in this Article are subject to the requirements of the Fair Labor
Standards Act (FLSA).
13.10 Daylight Savings Time. ‘When time is officially changed (as from standard time
to daylight savings time or vice versa) during an employee’s working hours, the employee
shall be paid for actual hours worked. If the employee loses a straight-time (non-overtime)
hour, the employee will not receive pay for that straight-time hour, unless the employee
elects to use vacation to replace the lost hour. If an employee works an extra hour, the
employee will receive pay subject to the overtime provisions of the Collective Bargaining
Agreement.
ARTICLE 14 — VACATION
Annual vacation with pay shall be granted to all employees on the following basis:
14.01 Scheduling of Vacation Leave. At any time after the successful completion of
six (8) months of employment, employees may request and use vacation leave up to the
number of hours accrued at the time of the desired vacation date, subject to the approval of
the Communications Supervisor. Seniority shall be considered in accordance with the
procedures contained herein when scheduling vacations. Normally, requests for approval of
vacation schedules shall he made to the Communications Supervisor on a vacation request
Port of Seattle
Police/Fire Communications Speclalists
form thirty (30) days or more in advance, provided however, that requests made with less
advance notice shall not be denied based only on the time frame and may be granted,
subject to staffing requirements.
An annual vacation bid shall commence between November 15" and December 1% for the
following year, subject to the following provisions.
Prime vacation time is designated as May 1 through August 31%,
Employees may not bid more hours than that which they shall have accrued at the time
of the requested vacation. At the employee’s option, Holiday Pooled Leave (Article 15)
may be included in vacation bids.
Employees may select, by seniority preference, up to one hundred twenty (120) hours,
contained in not more than two (2) periods of consecutive days, during each of three (3)
rounds of bidding, provided however, that no employee shall select more than eighty (80)
hours prime vacation time during any one (1) round.
Two (2) employees may request and shall be granted vacation leave on any one (1) day.
In the event that an employee cancels a bid vacation during a period when two (2)
employees have been granted leave, that period shall be made available to other
employees by seniority preference.
- When a junior employee selects a vacation period that had been available but not
selected by a senior employee, after the initial bidding period, the senior employee may
not displace the junior employee’s bid (no “bumping”).
14.02 Limits on Accumulating Vacation Leave. Vacation leave accumulation shall be
limited to four hundred eighty (480) hours accrual at any time. Any portion above a four
hundred eighty (480) hour accrual of unused vacation leave shall be forfeited, unless the
reason for not taking such vacation leave is at management's direction, as under emergency
conditions. In such event, unused vacation leave shall not be forfeited. Employees shall be
~ responsible for scheduling annual leave in order to avoid any forfeiture of vacation leave.
14.03 Rates of Accrual. Based upon a pro rata share of a full-time work schedule,
vacation leave is earned as follows:
(a) 96 Hours of Vacation. Based on the first day of employment, from the first (1%) full
month, to and including the forty-second (42 ) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of eight
(8) hours per month of active employment, or the equivalent of up to ninety-six (96)
hours per year (8 hours per month X 12 months = 96 hours per year).
Port of Seattle
Police/Fire Communications Specialists
(b) 120 Hours ofVacation: From the forty-third (43) full month, to and including the
eighty-fourth (84!hy full month of continuous employment, permanent employees
shall accrue vacation leave at the rate of ten (10) hours per month of active
employment, or-the equivalent of up to one hundred twenty (120) hours per year
. (10 hours per month X 12 months = 120 hours per year).
(c) 140 Hours of Vacation. From the eighty-fifth 85") full month, to and including the
one hundred thirty-second (132™)full month of continuous employment, permanent
employees shall accrue vacation leave at the rate of eleven and sixty-seven
hundredths (11.67) hours per month of active employment, or the equivalent of up
to one hundred forty (140) hours per year (11.67 hours per month X 12 months =
140 hours per year).
(d) 160 Hours of Vacation. From the one hundred thirty-third (133) full month, to and
including the two hundred twenty-eighth (228) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
thirteen and thirty-four hundredths (13.34) hours per month of active employment,
or the equivalent of up to one hundred sixty (160) hours per year (13.34 hours per
month X 12 months = 160 hours per year).
(e) 176 Hours of Vacation. From the two hundred twenty-ninth (229™) full month, to
and including the two hundred fortieth 240") full month of continuous employment,
permanent employees shall accrue vacation leave at the rate of fourteen and sixty-
seven hundredths (14.67) hours per month of active employment, or the equivalent
of up to one hundred seventy-six (176) hours per year (14.67 hours per month X 12
months = 176 hours per year).
(f) 184 Hours of Vacation. From the two hundred forty-first (241%) full month, to and
including the two hundred fifty-second (252™} full month of continuous employment,
permanent employees shall accrue vacation leave at the rate of fifteen and thirty-
four hundredths (15.34) hours per month of active employment, or the equivalent of
up to one-hundred and eighty-four (184) hours per year (15.34 hours per month X
12 months = 184 hours per year).
(9) 192 Hours of Vacation. From the two hundred fifty-third (253™) full month, to and
including the two hundred sixty-fourth (264" } full month of continuous employment,
permanent employees shall accrue vacation leave at the rate of sixteen (16) hours
per month of active employment, or the equivalent of up to one-hundred and ninety-
two (192) hours per year (16 hours per month-X 12 months = 192 hours per year).
~(h) 200 Hours of Vacation. From the two hundred sixty-fifth 265") full month, to and
including all subsequent full months of continuous employment, permanent
employees shall accrue vacation leave at the rate of sixteen and sixty-seven
hundredths (16.67) hours per month of active employment, or the equivalent of up
to two-hundred (200) hours per year (16.67 hours per month X 12 months = 200
hours per year).
10
Port of Seatfle
Police/Fire Communications Specialists
14.04 Payment for Vacation Leave at Termination/Paid Service Time. Regular,
permanent employees shall be eligible to use accrued vacation leave, up to a limit of four
hundred eighty (480) hours, in the form of paid service time prior to termination. Paid service
time shall be provided as time off work with pay immediately prior to their termination date.
Employees exercising their right to utilize vacation hours as paid service time shall be
required to report for work on their last day of paid service time prior to termination. Any
remaining accrued vacation leave (up to the 480-hour limit) not used as paid service time
shall be cashed-out upon termination of employment. No employee terminated for just cause
will be permitted to utilize vacation hours as paid service time, but rather, shall have vacation
leave cashed-out underthis Article.
If a regular, permanent employee is ineligible to use accrued vacation as paid service time,
as specified in this Article, or elects against taking paid service time, such employee shall
receive a lump sum payment in lieu of unused vacation leave, upon termination, up to a
maximum of four hundred eighty (480) hours. Pay for unused vacation leave shall be
computed through the last day of employment.
In addition, employees who terminate active employment before completing six (6) months of
employment shall receive no vacation pay nor be eligible to use vacation as paid service
time; thus, their vacation leave shall be forfeited.
This Section may be subject to modification to meet legal requirements in the event of further
changes in State law.
14.05 In the event of a bona fide family emergency at the Chief's discretion, the Chief
or his/her designee can permit an employee to take one (1) day off with vacation leave
applied as compensation.
14.06 Hourly Accrual Method Option. The Parties agree that if, during the term of this
Agreement, the Port may exercise its option to convert from the monthly accrual method to
an hourly accrual method for annual vacation as provided in this Article.
ARTICLE 15 —- HOLIDAYS
15.01 In lieu of holidays, employees shall receive a pool of one hundred and forty
'
(140) holiday hours onJanuary 1° of each year. Changes in the number of pooled holiday
hours due an employee resulting from a change of schedule, separation from the
Department, or for any other reason, shall be prorated.
The Parties agree that during the first year of this Agreement, due to the late execution of the
Agreement, employees may have already received a pool of holiday hours as of January 1,
2009. In such event, upon execution of this Agreement, those employees who were
previously credited in 2008 and/or 2010 with more than one-hundred forty (140) holiday
hours, or a pro-rate share thereof, shall be required to: (1) have any overage immediately
deducted from their holiday pool, or (2) in the event of a prior cash-out or insufficient
remaining balance of holiday hours, to immediately repay the Port for any overage.
11
Port of Seattle
Police/Fire Communications Specialists
15.02 Pooled Holiday Leave may be used in one (1) hour increments in the same
manner and with the same restrictions as vacation time, upon approval of the
Communications Supervisor. During the year, employees may request payment for their
unused pooled hours, and such holiday leave cash-out (if requested by an employee) will .
occur twice (2x) per year, on June 30" and December 31%. No pooled holiday hours may be
carried over from year to year.
15.03 Employees who cash out their Pooled Holiday Leave, then separate from the
Department, shall be obligated to repay the value of the prorated pooled hours from the date
of separation until the end of the year, which the Port may deduct from the employee’s final
paycheck. :
15.04 During the first (1°!) year of employment, employees shall receive a prorated
benefit of Pooled Holiday Leave for each full month of employment. Absent supervisory
approval, employees may not use Pooled Holiday Leave during the first six (6) months of
“employment.
15.05 Paid Service Time. Regular, permanent employees, who terminate active
employment after completing six (6) months of employment, shall be eligible to use one
hundred percent (100%) of their unused holiday leave (up to the 140-hour limit) as paid
service time. Such holiday leave shall be prorated based on the employee’s anticipated
termination date. Paid service time shall be provided as time off work with pay immediately
prior to their termination date. Employees exercising their right to utilize holiday hours as
paid service time shall be required to report for work on their last day of paid service time
prior to termination. Any remaining accrued holiday leave not used as paid service time shall
be cashed-out upon termination of employment.
In addition, no employee terminated for just cause, nor an employee who terminates active
employment before completing six (6) months of employment, will be permitted to utilize
holiday hours as paid service time; rather, such employee shall have holiday leave cashed-
out upon termination.
15.06 Holiday leave is payable, in a monetary amount, to the employee's spouse or
other designated beneficiary in the event of an employee's death.
ARTICLE 16 — COMPENSATION FOR TRAVEL TIME
16.01 The Parties recognize federal and state audit requirements, and hereby agree
to comply with the Port's accounting and procurement policies relating to, among other
things, reimbursement for work-related mileage, reasonable out-of-pocket expenses, proof of
expenditures, reporting and audit requirements, travel authorizations, and use of a Port credit
card.
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. Port of Seattle
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16.02 An employee's normal pay and work schedule shall apply as provided for in this
Agreement in connection with travel assignments inside and outside of King County, as
defined under the Fair Labor Standards Act (FLSA) guidelines.
16.03 When travel by an employee's private vehicle is required and authorized by
Department management, such travel shall be reimbursed in accordance with the mileage
reimbursement schedule as approved by the Port Commission for Port employees.
However, at no time shall the amount be less than the IRS-approved mileage rate. Requests
for mileage shall be submitted according to Port policy.
ARTICLE 17 —- PROFESSIONAL LIABILITY
The Port shall continue to provide professional liability coverage for Port Police/Fire
Communications employees when they are acting within the scope of their authority and
duties for the Port of Seattle.
ARTICLE 18 — UNIFORMS AND EQUIPMENT
If the Port decides to require uniforms for Communications Specialists, the Port shall provide
and maintain Communications uniform clothing and equipment in accordance with
requirements that are mutually agreed between the parties.
— REQUESTED BENEFITS
. ARTICLE 19
The Port agrees to provide the following benefits requested by the Union:
(a) Washington State Public Employees Retirement System.
(b) Unemployment compensation benefits under the Washington State Employment
Security Act.
(c) Social Security Insurance (FICA) as covered by the Federal Insurance Contribution
Act.
(d) Free parking limited to employees on duty status.
(e) Credit union participation.
(f) Locker and lunchroom facilities.
(g) Washington State Workers' Compensation.
(h) - Educational assistance for employees shall be subject to approval of the Chief. ltis
agreed that if funds are not available from other sources, such as special Federal or
State programs, with the advance approval of the Chief, the Port shall provide
reimbursement limited to job related educational curricula on the following basis:
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(1) For employees engaged in continuing education at accredited institutions to
obtain a college degree, fifty percent (50%) of tuition costs following one (1)
year of continuous employment and seventy-five percent (75%) following four
(4) years of continuous employment. Payment will be made upon evidence of
satisfactory completion and will cover tuition fees only. Reimbursement may be
applied for following each semester. The employee should normally expect to
provide a minimum of two (2) years of service to the Port upon completion of
study toward a college degree. This is not a repayment provision.
(2) After one (1) year of continuous employment, for individual courses limited to
job related subject matter and not in connection with course work for a college
degree, one hundred percent (100%) reimbursement for tuition only.
Reimbursement shall be provided after evidence of satisfactory completion.
This applies to courses taken as a result of a request initiated by an employee.
However, non-mandatory specialized police/fire training courses taken at the
option of the employee shall result in reimbursement to the Port by the
employee for actual expenses if the employee voluntarily resigns (for other than
medical reasons) or retires in less than two (2) years after completion of the
special training.
(3) For courses or seminars initiated for an individual employee at the direction of
the Chief, reimbursement shall be provided for the entire cost(s) of such
instruction. Reimbursement shall include amounts to cover tuition, books, and
miscellaneous instructional fees. ‘
(4) Such educational assistance shall be linked to a detailed Letter of Commitment,
provided to the Department by the employee, that captures the employee's
study and career goals.
(i) Twenty-four (24) hours training per year per employee.
(1) As provided below in this paragraph, 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 the Grievance
Procedure (Article 28) or to any other provisions of this Labor Agreement or to
negotiation by the Union.
(k) PACIFIC COAST BENEFIT PLAN
Effective January 1, 2009, the Port contribution to the Pacific Coast Benefit Trust
for each employee shall be one dollar and thirty-five cents ($1.35) per hour
compensated, calculated as follows: the Port shall contribute one dollar and thirty
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cents ($1.30) of this amount, and five cents ($0.05) shall be diverted from
employees’ wages. The wage rates in Appendix A reflect the appropriate wage
after the diversion of five cents ($0.05) to the Pacific Coast Benefit Trust.
. Effective on the date this Agreement is signed and executed, and for the remainder
of this Agreement, the Port contribution to the Pacific Coast Benefit Trust for each
employee shall be one dollar and thirty-five cents ($1.35) per hour compensated.
There shall be no longer be diversion from employee’s wages. The wage rates in
Appendix A reflect the removal of the five cent ($0.05) diversion.
(0) The Port of Seattle shall allow all employees the opportunity to attend the Port of
Seattle retirement planning seminars.
(m) Port of Seattle Long Term Care Insurance: Employees shall be eligible to
participate in the voluntary, employee-paid Long Term Care insurance plan made
available to Port non-represented employees. Eligibility and participation of
employees will be subject to the terms and conditions of such plan including any
plan amendments, revisions 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.
(n) 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 Procedure (Article 28) or to any other
provision of this Labor Agreement or to negotiation by the Union. :
(0) Teamsters Legal Defense Fund Participation: The Port agrees to effectuate payroll
deduction for those members wishing to participate in the Teamsters Legal Defense
Fund as provided in Section 4.02.
~
ARTICLE 20 — LEAVE WITHOUT PAY
20.01 After one (1) year's service, an employee shall be eligible for a leave of
absence without pay not to exceed six (6) weeks. Requests for such leaves shall be
submitted in writing to the Chief for approval thirty (30) days in advance of the leave time
period. In emergency situations, the notification may be waived at the option of the Chief.
20.02 Leave approval considerations shall include:
(a) The purpose and length of requested leave;
(b) The employee's length of service;
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(c) Theeffectof such an extended absence on departmental operational
efficiency;
(d) Employee past performance and attendance; and
(e) In establishing the priority for such leaves, mutual benefit to the Port shall also
be a consideration. For example, leaves of absence for educational purposes
shall receive greater priority than leaves for the purpose of travel.
20.03 In the event of special conditions, such as family emergencies or educational
programs, leaves of absence may be extended beyond six (6) weeks with the approval of the
Chief and/or Port's Executive Department. An employee shall suffer no loss of seniority for
time spent on approved leave of absence of six (6) weeks or less.
20.04 Under normal conditions, leaves of absence shall not be granted for the
purpose of seeking orengaging in other employment. Any exception to this provision shall
be at the sole discretion of the Chief.
20.05 Employees shall be eligible for family leave pursuant to the Family and Medical
Leave Act (FMLA), Washington Family Care Act (WCA), and Port policies relating to the
FMLA and WCA.
ARTICLE 21 —- SICK LEAVE
21.01 Regular permanent full-time employees shall accrue up to eight (8) hours per
month of sick leave, accrued per straight-time hour compensated, not to exceed ninety-six
(96) hours in any calendar year. Such sick leave shall be based on a pro rata share of time
worked on a full-time work schedule. Regular permanent part-time employees shall accrue
pro rata sick leave based on time worked on less than full-time schedules.
21.02 Sick leave is accrued after thirty (30) days of continuous employment and is to
be used under the conditions stated in Section 21.03 of this Article.
21.03 Except as provided in Sections 21.07 and 21.08 of this Article, sick leave will
be used only in instances of non-job related employee or dependent illness or injury.
However, sick leave may be used to cover normally scheduled workdays within the three (3)
day exclusion of the Washington State Workers’ Compensation Program. Such special
application of sick leave would be limited to those employees who are not eligible for benefits
provided in Article 22, Sections 22.01 and 22.02.
21.04 Departmental management may at any time require a physician's statement to
justify use of sick leave and/or to determine that an employee's return from absence due to
illness or injury is sanctioned by the attending physician.
21.05 Sick leave shall be applied for employee non-duty disabilities in coordination
with the Teamster Plan A indicated in Article 23, Section 23.02. In no case shall the
combined effect of sick leave and/or other benefits be applied so that compensation exceeds
the employee's normal rate of pay.
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21.06 Sick leave may be accumulated up to nine hundred sixty (960) hours for
permanent employees. Upon termination or retirement following five (6) continuous years of
active employment in a permanent position with the Port, qualified employees shall be
compensated for fifty percent (50%) of their unused sick leave (within the 960-hour limit) at
the rate of pay at termination. Such accumulated sick leave payoff is payable to the
employee's spouse or other designated heneficiary in the event of an employee's death.
21.07 Sick leave hours earned in excess of nine hundred sixty (960) hours shall be
credited to an alternate sick leave account. Hours in this account can only be used in those
instances stated in Section 21.03 above. These hours may not be compensated, nor can
they be used for paid service time upon retirement or termination, as provided above.
21.08 Family Medical Leave. Family leave will be administered in accordance with
current Federal and State laws, and applicable Port policies.
21.09 Shared Leave: The Parties agree to adopt a Shared Leave Program under the
terms and conditions set forth in applicable Port policies covering shared leave of salaried
employees.
(a) Purpose: The Shared Leave Program enables employees to donate accrued
sick leave to fellow employees who are faced with taking leave without pay or
termination due to extraordinary or severe physical or mental illnesses.
Implementation of the program for any individual employee is subject to
agreement by the Port, and the availability of shared leave from other
employees. The Port's decisions in implementing and administering the shared -
leave program shall be reasonable.
(b) Participation: Participation in the Shared Leave Program is voluntary. No
employee shall be coerced, threatened, intimidated or financially induced into
donating accrued leave for purposes of this program.
ARTICLE 22 — LONG TERM DISABILITY
22.01 The Port shall provide employees with Long Term Disability insurance on the
first (1°) day of active employmént following six (6) continuous months of regular
employment. Subject to qualified disability an employee will receive sixty percent (60%) of
covered monthly earnings less income from other specified sources. Benefits begin after an
elimination period of forty-five (45) days for a non-occupational disability and one hundred
eighty (180) days for an occupational disability. Benefits continue during qualified disability,
but not past your sixty-fifth (65™) birthday or ADEA extension. The maximum benefit is three
thousand five hundred dollars ($3,500.00) with a three percent (3%) cost-of-living net benefit
adjuster. The policy contains a three to six (3-6) month preexisting condition limitation and
certain exclusions and limitations for benefit payment.
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This is a brief description of the Long Term Disability plan. Employees may refer to their
Certificate of Insurance or to the group master policy for additional details and controlling
coverage provisions.
22.02 Return To Work. If an employee becomes disabled as a result of duty-
disability, the employee will have his/her job rights protected for two (2) years from the date
of the disability provided the employee is released to return to work and can perform all the
job requirements of a Communications Specialist.
In the event the employee is not able to perform the job requirements of a Police/Fire
Communications Specialist, the Port will make a good faith effort to find other suitable jobs
within the Port for which the employee is qualified. In no event will jobs be created or
modified specifically for this purpose. This understanding is predicated on a good faith
application by the Parties involved.
ARTICLE 23 —- TEAMSTERS HEALTH AND WELFARE PROGRAMS
23.01 The Port agrees to provide and maintain the health and welfare benefits listed
in Sections 23.02 and 23.05 for all active employees working under the jurisdiction of said
Union for not less than eighty (80) hours employment in the previous month which includes
"all compensable time. In the event of a duty-disability covered under Article 22, the hours
requirement shall not apply.
23.02 Effective January 1, 2009 (based on December 2008 hours), the Port agrees to
provide and maintain the following benefits:
a. Medical - Contribute the sum of $889.30 per month for benefits under the
"PLAN A" (Includes an addition of $11.40 for the additional nine (9) month
waiver, from the base price of the plan and $14.00 for domestic partner
coverage).
b. Dental - Contribute the sum of $120.92 per month for benefits under the "PLAN
A" (price includes an addition of $2.20 for domestic partner coverage.)
C. Vision - Contribute the sum of $11.55 per month for continued benefits under
the "EXTENDED BENEFITS" (price includes an addition of $0.20 for domestic
partner coverage.)
d. Life Insurance - The Port agrees to provide life insurance in an amount which
insures each eligible employee shall be covered for an amount of life insurance
equal to forty percent (40%) of his/her total annualized pay rate, based upon the
employee's classification.
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23.03 Maintenance of Plans. The Trustees may modify benefits or eligibility of any
plan, listed above, for the purposes of cost containment, cost management, or changes in
medical technology and treatment. If increases are necessary to maintain the current
benefits or eligibility, or benefits or eligibility as may be modified by the Trustees during the
life of this Agreement, the Port shall pay such premium increases as determined by the
Trustees.
23.04 The Union may establish supplemental insurance programs for the employees
under this Agreement. All of the premiums for such plans, if established, shall be paid for by
the employees covered. If the Port is to process payroll deductions from employees to pay
the insurance carrier on the employees' behalf, the Plan shall be subject to approval by the
Port in regard to the responsibility of ongoing administration and related details.
23.05 Retiree’'s Welfare Trust. The Port shall contribute the following for continued
benefits under the “RWT-PLUS PLAN,” and the Port shall continue to reduce each member
of the Bargaining Units’ wages by an amount equal to one-half (1/2) of the monthly premium
per member.
Effective January 1, 2009 $74.85
Effective January 1, 2010 $84.85
Effective January 1, 2011 $94.85
ARTICLE 24 — PERFORMANCE OF DUTY, STRIKES, AND LOCKOUTS
24.01 Nothing in this Agreement shall be construed to give an employee the right to
strike, and no employee shall strike or refuse to perform assigned duties to the best of
his/her ability. The Union agrees that it will not condone or cause any strike, slowdown,
mass sick call, or any other form of work stoppage or interference with the normal operation
of the Police Department or of the Port.
24.02 The Port agrees that there shall be no lockouts.
24.03 The conditions stated in Sections 24.01 and 24.02 of this Article shall remain in
effect with or without a signed Labor Agreement.
24.04 Should a strike and/or lockout be contemplated and/or performed by one of the
Parties, the Parties agree to submit the matter to expedited binding arbitration.
ARTICLE 25 — SAVINGS CLAUSE
If any Article of this Agreement or any Appendix hereto should be held invalid by operation of
law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
Article or Appendix should be restrained by such tribunal, the remainder of this Agreement
and Appendices shali not be affected thereby, and the parties shall enter into immediate
collective bargaining negotiations for the purpose of arriving at a mutually satisfactory
replacement of such Article.
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ARTICLE 26 — ENTIRE AGREEMENT
26.01 The Agreement expressed herein in writing constitutes the entire agreement
between the parties and no oral statement shall add to or supersede any of its provisions.
26.02- The parties acknowledge that each has had the unlimited right and opportunity
to make demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this Agreement.
ARTICLE 27 — APPENDICES & LETTERS OF UNDERSTANDING
INCORPORATED INTO AGREEMENT
By reference herein, the Letters of Understanding and Appendices listed below are hereby
made part of this Agreement and do not require individual Employer-Union signature.
1. Appendix A — Pay Rates
2. Appendix B — Drug Testing/Substance Tests
3. Letter of Understanding — Lateral Entry Communication Specialists
ARTICLE 28 — GRIEVANCE PROCEDURE
28.01 Grievance Defined. Any dispute regarding the interpretation or application of
this Agreement shall be regarded as a grievance and shall be subject to the terms of this
grievance procedure.
28.02 Time Limits. All grievances shall be presented within twenty (20) days of the -
occurrence or the date the employee actually knew or reasonably should have known of the
occurrence, whichever is later. This time limit and the other time limits set forth in this Article
may be extended by mutual agreement of the Employer and the Union. All references to
time in this Article shall be to calendar days.
28.03 Election of Forum. An employee electing to pursue a matter through the Civil
Service System may not also pursue to arbitration a grievance through the grievance
procedure. Any complaint that a matter constitutes a violation of Article 7-of this Agreement
may not be pursued to grievance arbitration if the matter has been challenged in any other
administrativeor judicial forum,
28.04 Informal Resolution. The Parties acknowledge that every effort should be
made by the employee(s) and the supervisor(s) to resolve issues prior to initiating grievance
procedures.
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28.05 Grievance Procedure.
STEP 1
The affected employee shall present the grievance in writing to his or her Supervisor. If the
Supervisor or the Supervisor's designee and the grievant are unable to arrive at a
satisfactory settlement, the Supervisor (or designee) will issue a written response to the
employee, with a copy to the Union's Business Representative. The response shall be
issued no later than ten (10) days after the date the grievance was initially filed. The Union
may refer the grievance to Step 2 within ten (10) days of receipt of the Supervisor's
response, or if the Supervisor's response is untimely, within ten (10) days of when the
Supervisor's response was due. :
STEP 2
Initiation of Step 2. The Union’s Business Representative shall present the grievance in
writing to the Chief of Police (or designee) or the Port wili present the grievance in writing to
the Union's Business Representative. The written grievance shall contain a statement of the
relevant facts, the section(s) of the Agreement allegedly violated, and the remedy that is
sought.
Class Grievances. With respect to issues affecting more than one (1) bargaining unit
employee, the Union may elect to file a grievance at Step 2 without the need for the
individual employee(s) to file the grievance at Step 1. The twenty (20) day time limit
referenced in Section 28.02, as well as the other requirements of this Article, shall be
applicable to such filing.
Step 2 Meeting. Within fourteen (14) days after the initiation of Step 2, the Union's Business
Representative and the Chief of Police (or designee) shall meet to discuss possible
resolution of the grievance. If the parties are unable to arrive at a satisfactory settlement, or
if the Department's response is untimely, the Union may refer the grievance to Step 3 within
ten (10) days of the meeting.
STEP 3
Initiation of Step 3. The Union shall notify the Chief of Police and the Port's Labor Relations
Representative or the Port shall notify the Union, in writing, of its desire to move the matter to
a Board of Adjustment.
Board of Adjustment. The Parties shall schedule a Board of Adjustment hearing which shall
be heard no later than twenty (20) days after the initiation of Step 3. The purpose of the
hearing is to evaluate all known facts relating to the grievance in order to determine an
appropriate resolution. The Port's Labor Relations Representative, the Chief of Police (or
designee), and two (2) Union Representatives shall be present, and both sides shall have an
opportunity to present all information that they have relating to the grievance. If the parties
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Police/Fire Communications Speciallsts
are unable to arrive at a settlement, or if the Board of Adjustment hearing is not held within
twenty (20) days after initiation of Step 3, the Union may refer the matter to Step 4. The
parties may mutually agree to waive the Step 3 process.
STEP 4 — ARBITRATION
Initiation of Step 4. The Union or the Port initiates Step 4 by filing a written request with the
Port, specifying the issue to be arbitrated. The request must be submitted within ten (10)
days of completion of the Board of Adjustment, or if no Board of Adjustment is scheduled
within twenty (20) days after the initiation of Step 3, then within twenty-seven (27) days after
the initiation of Step 3.
Selecting an Arbitrator. The Port and the Union mutually agree that either Party to this
Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of
seven (7) persons who are qualified and available to serve as arbitrators for the dispute
involved. The Parties agree to equally split any costs associated with obtaining a list of
arbitrators from FMCS. Within ten (10) days of receipt of the FMCS list, the Parties will jointly
select an arbitrator from the list by alternately striking one (1) arbitrator on the list until the
final remaining arbitrator is selected as the arbitrator for the particular hearing. The Parties
shall determine first initiative through a coin flip.
The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall
not apply. The arbitrator shall not have the power to add to, subtract from, or modify the
provisions of this Agreement in arriving at a decision of the issue or issues presented; and
shall confine his/her decision solely to the interpretation, application, or enforcement of this
Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted to
him/her for arbitration, and shall not have the authority to determine any other issue(s) not so
submitted to him/her. The decision of the arbitrator shall be final and binding upon the
aggrieved employee, the Union, and the Port. The fees and expenses of the arbitrator shall
be equally split between the Parties; otherwise, each Party shall pay its own fees, expenses,
and costs, including attorney fees, witness compensation, and transcript requests.
ARTICLE 29 — CONFERENCE BOARD
29.01 There shall be a Department Conference Board consisting of up to three (3)
employees named by the Union and up to three (3) representatives of the Department
named by the Chief. The Chief, or his/her representative, shall sit as one (1) of the three (3)
employer representatives to the maximum extent practicable, but any of the up to six (6)
members may be replaced with an alternate from time to time. The Parties may mutually
agree to bring in additional persons with expertise in the matters being discussed.
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29.02 The Conference Board shall meet at the request of the Union or the Port, and
shall consider and discuss matters of mutual concern pertaining to the improvement of the
Department and the safety and welfare of the employees. These matters may include issues
of development, committee membership, testing, et cetera.
29.03 The purpose of the Conference Board is to deal with matters of general
concern to members of the Department, as opposed to individual complaints of employees;
provided, however, it is understood that the Conference Board shall function in a
communications and consultative capacity to the Chief of Police. Accordingly, the
Conference Board will not discuss grievances properly the subject of the grievance
procedure, except to the extent that such discussion may be useful in suggesting improved
Departmental policies. Either the Union representatives or the Port representatives may
initiate discussion of any subject of a general nature affecting the operations of the
Department or its employees. :
29.04 An agenda describing the issue(s) to be discussed shall be prepared by the
initiating Party and distributed at least three (3) days in advance of each meeting, and
minutes may be kept and made available to members. Nothing in this Section shall be
construed to limit, restrict, or reduce the management prerogatives outlined in this
Agreement.
29.05 The Conference Board shall provide an answer to. those issues/questions
brought before it within a mutually agreed upon time.
ARTICLE 30 — RE-EMPLOYMENT RIGHTS AFTER VOLUNTARY TERMINATION OF
EMPLOYMENT
An employee who was not on probation and was in good standing at the time of voluntary
separation from the Department may apply for re-employment to the Department, subject to
the following conditions:
(a) Must apply for re-employment within one (1) year from the date of separation
from the Department; and
(b) The application request must be for the classification(s) which the employee
held at the time of voluntary separation. An opening for that classification does
not have to exist at the time of request, but if no opening for the position occurs
within the one (1) year period, then this offer is void and any pending requests
will become ineligible. An employee who reinstates under this provision shall
retain longevity accrued at the time of separation; however, the returning
employee shall be placed on the bottom of the seniority roster; and:
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(c) The Department may require any investigation it deems necessary before.the
application is approved for reinstatement. At the discretion of the Chief of
Police, a background investigation, polygraph examination, and medical
examination may be conducted for the period of absence during the first ninety
(90) days. After ninety (90) days, the background investigation, polygraph
examination, and a medical examination will be mandatory. A drug screen test
will be administered regardless of the time away from the department.
ARTICLE 31 — SENIORITY
31.01 As provided within this Agreement, vacation scheduling, assignment to open
positions on the work schedule, and overtime assignments, shall be controlled by
classification seniority with the senior person having preference.
31.02 Probationary Period. Employees shall be subject to a one (1) year probationary
period following such date of hire or appointment to the bargaining unit position. The
probationary period may be extended at the discretion of the Chief if the probationary
employee has been absent due to bona fide illness or other legitimate reason. Employees
that are separated from employment before the completion of their one (1) year probationary
period shall not be subject to recall rights as outlined in Article 10 of this Agreement.
31.03 Acquisition of Seniority. A new employee will attain seniority after one (1) year
from date of hire or appointment to the bargaining unit position. After completion of their
‘probationary period, the employee's seniority date shall be the date of hire or appointment to
the bargaining unit position. Prior to the acquisition of seniority, an employee shall be on
probationary status. :
31.04 Test Scores/Coin Flip. When two (2) or more employees have the same
seniority date, it is agreed that the pre-employment test scores will determine who is the
senior employee for all provisions of this Agreement. When two (2) or more employees have
the same test scores, it is agreed that a flip of the coin will determine who is the senior
employee for all provisions of this Agreement. The coin flip would be made on the date after
the employees have achieved seniority as provided in paragraph 31.03.
31.05 Loss of Seniority. Seniority shall be broken for the following reasons:
a. Justifiable discharge;
b. Voluntary quit;
C. Retirement;
d. Layoffs of twelve (12) months or more;
e. Absence from work because of a non-occupational illness or injury of twelve
(12) months or more;
f. Absence because of an occupational illness or injury of twenty-four (24) months
or more;
g. Failure to return from approved leave of absence;
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h. Transfer to another position in the Port of Seattle which is outside this
bargaining unit, if such transfer extends for a period in excess of ninety (90)
calendar days.
31.06 Time Limit Extension. The time limits specified in Section (e), (f}, and (g) may
be extended by mutual agreement between the Employer and the Union.
31.07 Seniority List. A list of employees arranged in the order of their seniority shall
be posted in a conspicuous location at their place of employment and a copy shall be sent to
the Union on an annual basis or as requested by the Union.
ARTICLE32- JOB SHARE
The Parties agree to reasonably meet to discuss job share agreements for employees,
however, in no event, shall the Port be obligated to create job share agreements.
ARTICLE 33 — TERM OF AGREEMENT: JANUARY 1, 2009 THROUGH DECEMBER 31, 2011
33.01 Wage rate effective dates shall be as provided for in Appendix A.
33.02 Allother conditions shall be effective on the date the Agreement is signed and
executed, or as otherwise identified in this Agreement. All provisions of this Agreement shall
extend from effective date through December 31, 2011. The Agreement may be opened by
either party giving notice in writing not later than sixty (60) days prior to the expiration date.
33.03 It is agreed and understood the Parties will commence negotiations for a new
Agreement by July 1%! of the expiring year. This is intended to allow adequate time to
negotiate in an effort to reach agreement prior to the Agreement’s expiration.
PORT OF SEATTLE TEAMSTERS LOCAL UNION NO.
17/1BT
TAY YOSHITANI TRACEY f THOMPSON
Chief Executive Officer Secretary-Treasurer
5-C0
Date Date
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APPENDIX A
PAY RATES
PAY SCHEDULES
A.
(1) Effective January 1, 2009, base hourly wage rates will remain
unchanged from year 2008, as follows:
Base Minus 5¢
TENURE SINCE Hourly Rate Diversion
Classifications DATE OF HIRE 1/1/09 to PCBT
Communications Specialist After 60 Months $27.72 $27.67
After 36 Months $27.21 $27.16
After 30 Months $26.54 $26.49
After 18 Months $24.82 $24.77
After 6 Months $23.21 $23.16
Starling Rate $21.65 $21.60
Relief Supervisor $30.50 $30.45
Trainer $30.50 $30.45
(2) Effective July 1, 2009, base hourly wage rates will be increased by an
amount equal to three and four-tenths percent (3.4%), prior to the five
cent ($0.05) PCBT diversion from employees’ wages:
Base Minus 5¢
TENURE SINCE Hourly Rate Diversion
Classifications DATE OF HIRE 7/1/09 to PCBT
(+3.4% COLA)
Communications Specialist After 60 Months $28.66 $28.61
After 36 Months $28.14 $28.09
After 30 Months $27.44 $27.39
After 18 Months $25.66 $25.61
After 6 Months $24.00 $23.95
Starting Rate $22.39 $22.34
Relief Supervisor $31.54 $31.49
Trainer $31.54 $31.49
@ Effective January 1, 2010, base hourly wage rates will be increased by
an amount equal to one hundred percent (100%) of the
Seattle/Tacoma/Bremerton CPI-U (All Urban Consumers), October to
October, with a two percent (2%) minimum and a six percent (6%)
maximum. Under this formula, the amount is two percent (2%).
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Port of Seattle
Police/Fire Communications Specialists
Base
Hourly Rate
TENURE SINCE 11110
Classifications ° DATE OF HIRE ~~ (+2.0% COLA)
Communications Specialist After 60 Months $29.18
After 36 Months $28.65
After 30 Months $27.94
After 18 Months $26.12
After 6 Months $24.43
Starting Rate $22.79
Relief Supérvisor $32.12
Trainer $32.12
(4) Effective upon the date of signing and execution of this Agreement, due
to removal of the five cent ($0.05) PCBT diversion from employees’
wages, base hourly wage rates will adjusted to an amount equal to the
following:
Base Hourly Rate
Upon Date of
TENURE SINCE Contract
Classifications DATE OF HIRE Signing &
Execution
{+ $0.05)
Communications Specialist After 60 Months $29.23
After 36 Months $28.70
After 30 Months $27.99
After 18 Months $26.17
After 6 Months $24.48
Starting Rate $22.84
Relief Supervisor $32.17
Trainer $32.17
(5) Effective January 1, 2011, base hourly wage rates will be increased by
an amount equal to one hundred percent (100%) of the
Seattle/Tacoma/Bremerton CPI-U (All Urban Consumers), October to
October, with a two percent (2%) minimum and a six percent (6%)
maximum.
Those employees designated to perform the duties of Relief Supervisor or
Trainer, shall receive the Relief Supervisor or Trainer rate, plus any applicable
differentials to which the employee is otherwise entitled, for all hours during
such assignment.
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Port of Seattle
Police/Fire Communications Specialists
The Parties acknowledge that the base hourly wage rates listed in this
Appendix already include a five and eight-tenths percent (5.8%) premium for
working varying shifts.
D. All base hourly wages shall be rounded to the nearest whole cent.
II. DIFFERENTIALS AND OTHER PAY CONSIDERATIONS
A. Longevity Premium. Effective January 1, 2010, base hourly pay for ali
classifications shall be increased by the following longevity premium schedule,
based upon date of hire or appointment into the Police/Fire Communications
Specialists’ bargaining unit:
(1) 2% Longevity Premium. From the start of the sixty-first (61°) full month
to and including the one hundred twentieth (120") full month of
continuous employment, permanent employees shall be paid a longevity
premium of two percent (2%).
2) 3% Longevity Premium. From the start of the one hundred twenty--first
(121°Y full month to and including the one hundred eightieth (180") full
month of continuous employment, permanent employees shall be paid a
longevity premium of three percent (3%).
(3) 4% Longevity Premium. From the start of the one hundred eighty-first
(181%) full month to and including the two hundred fortieth (240™) full
month of continuous employment, permanent employees shall be paid a
longevity premium of four percent (4%).
(4) 5% Longevity Premium. From the start of the two hundred forty-first
(241% full month to and including the three hundredth (300™)full month
of continuous employment, permanent employees shall be paid a
longevity premium of five percent (5%).
(5) 6% Longevity Premium. From the start of the three hundred first (301°Y)
full month - and beyond of continuous employment, permanent
employees shall be paid a longevity premium of six percent (6%).
Educational Incentive. Base pay for Communications Specialists with six (6)
months service shall be increased by the following educational incentive
schedule.
Percent of "A" Rate Dearee
2% Associate of Arts Degree
4% Bachelor's Degree
6% Advanced Degrees (e.g. MA, MBA, JD)
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. Port of Seattle
Police/Fire Communications Specialists
Out-of-Classification Pay. In the event an employee is required to assume
duties and responsibilities out of his/her classification, he/she will be paid the °
first pay step of the next higher classification to commence immediately upon
assumption of said duties, provided the assignment is for one-half (1/2) shift or
more. Longevity credits shall not be applied when the highest classification falls
outside of the bargaining unit.
Standby. The Port agrees to minimize standby time and to compensate
employees placed on off-duty standby status at fifty percent (50%) of straight-
time rate of pay. Standby time shall be authorized by the Chief or his/her
designee. Beginning and ending times for the standby period shall be
established and communicated to the employee prior to placement on standby.
If an employee is called back to work, the off-duty premium shall cease, and
thereafter normal overtime rules shall apply.
Call Back. In the event that overtime, which has been specifically authorized by
supervisory or command personnel, is not an extension at the beginning or end
of a normal shift, the employee shall be paid for a minimum of four (4) hours at
the overtime rate for the employee's classification or for the actual hours
worked at the overtime rateifin excess of four (4) hours.
However, in the event that overtime occurs telephonically, which has been
specifically authorized by supervisory or command personnel, and is not an
extension at the beginning or end of a normal shift, the employee shall be paid
for a minimum of two (2) hours at the overtime rate for the employee's
classification or for the actual hours worked at the overtime rate if in excess of
two (2) hours.
Court Appearances. Before or after his/her regularly scheduled workday, an
off-duty employee shall be compensated for three (3) hours at the time and
one-half (12) rate, or for the actual time spent for each court appearance at the
time and one-half (12) rate, whichever is greater. To verify time in excess of
three (3) hours spent in court, an employee shall submit to the Port a time slip
signed by an official of the court.
Exceptions to the above are:
- When a court appearance commences on an employee's scheduled
shift and extends after shift completion, the employee shall be
compensated at the overtime rate only for the actual time in court after
his/her regular shift, plus thirty (30) minutes travel time at the overtime
rate.
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Port of Seattle
Police/Fire Communications Specialists
- An employee shall receive a minimum of four (4) hours pay at the
overtime rate when required to appear in court on his/her regularly
scheduled day off.
- Employees who are called in for court while on their vacation shall be
placed on regular, straight-time, pay status and compensated for a full
day's pay. In addition, they shall have the vacation day restored which
was lost due to said appearance.
I. PAY PERIODS
No deductions shall be made from pay checks without the written consent of the employee,
except as provided by federal, state, or municipal law. As a condition of continued
employment, all employees are required to participate in the Port's direct deposit program for
payroll purposes. The Port agrees that if there is a payroll error resulting in an employee
being owed one hundred dollars ($100.00) or greater in gross straight-time pay, the Port shal
make payment to the employee in the form of a separate check given to the employee within
two (2) regular work days. If there is a payroll error resulting in an employee being owed less
than one hundred dollars ($100.00) in gross straight-time pay, or if there is a payroll error
resulting in an employee being owed any amount of overtime, the Port will include the pay
correction on the employee's next regular pay check.
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Port of Seattle
Police/Fire Communications Specialists
APPENDIX B
DRUG TESTING
SUBSTANCE TESTS
PREAMBLE
While abuse of alcohol and drugs among our members is the exception rather than the rule,
the Teamsters Local 117 Police/Fire Communications Specialists Negotiating Committee
shares the concern expressed by many over the growth of substance abuse in American
society.
The drug testing procedure, agreed to by.labor/management, incorporates state-of-the-art
employee protections during specimen collection and laboratory testing to protect the
innocent.
In order to eliminate the safety risks which resuit from alcohol or drugs, the parties have
agreed to the following procedures.
As referred to herein, employee shall mean entry level probationary employee.
A. lllicit substance .or drug abuse by members of the Department is unacceptable and
censurable conduct worthy of strong administrative action.
B. Preconditions to Drug Testing: Before any entry level probationary employee may be
tested for drugs, the Port must meet the following prerequisites.
1. Entry level probationary employees in the bargaining unit must be clearly
informed of what drugs or substances are prohibited by the Port. .
2. The Port must provide in-service training containing an educational program
aimed at heightening the awareness of drug and alcohol related problems.
3. The Port and the Union shall jointly select the laboratory or laboratories which
will perform the testing.
C. The Department shall also have the discretion to order any entry level probationary
sworn employee to submit to a blood, breath, or urine test for the purposes of
determining the presence of a narcotic, drug, or alcohol a minimum of two (2) times
during such employee's entry level probationary period. These tests will be conducted
in the following manner:
1. Tests will be administered to each entry level probationary employee a
minimum of two (2) times, at various intervals, during the probationary period.
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Port of Seattle
Police/Fire Communications Specialists
Entry level probationary employees shall only be tested while on duty.
The providing of a urine sample will be done in private.
Obtaining of urine samples shall be conducted in a professional and dignified
manner.
A portion of urine samples shall be preserved to permit the following:
a. Positive samples shall be tested a GC/MX test.
b. A third test for positive samples shall be conducted if requested by the
employee, at Port expense, by a reputable laboratory of mutual choice.
The exercise of this discretion by the Department shall be deemed a term and condition of
such employee's period of entry level probation, and need not be supported by any showing
of cause.
If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall
be used for administrative purposes only.
D. Testing Mechanisms: The following testing mechanisms shall be used for any drug
tests performed on entry level probationary members of the Department:
1. It is recognized that the Employer has the right to request the laboratory
personnel administering a urine test to take such. steps as checking the color
and temperature of the urine samples to detect tampering or substitution,
provided that the employee's right of privacy is guaranteed, and in no
circumstances may observation take place while the employee is producing the
urine sample. If it is established that the employee's specimen has been
intentionally tampered with or substituted by the employee, the employee is
subject to discipline as if the sample tested positive. In order to deter
adulteration of the urine sample during the collection process, physiologic
determinations such a creatinine and/or chloride measurements may be
performed by the laboratory.
The parties recognize that the key to chain of possession integrity is the
immediate labeling and initialing of the sample in the presence of the tested
employee. If each container is received at the laboratory in an undamaged
condition with properly sealed, labeled and initialed specimens, as certified by
the laboratory, the Employer may take disciplinary action based upon properly
obtained laboratory results.
Any screening test shall be performed using the enzyme immunoassay, (EMIT)
method.
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Port of Seattle
Police/Fire Communications Specialists
Any positive results on the initial screening test shall be confirmed through the
use of the high-performance thin-layer chromatography (HPTLC), gas
chromatography (GC) and gas chromotography/mass spectrometry (GC/MS).
If at any time there exists a test with a higher rate of reliability than the GC/MS
test, and if such test is reasonably accessible at a reasonable cost, such test
shall be used in place of the GC/MS test if requested by the Union.
All samples which test negative on either the initial test or the GC/MS
confirmation test shall be reported only as negative. Only samples which test
positive on both the initial test and the GC/MS confirmation test shall be
reported as positive.
In reporting a positive test result, the laboratory shall state the specific
substance(s) for which the test is positive and shall provide the quantative
results of both the screening and the GC/MS confirmation tests, in terms of
nanograms per milliliter. All positive test results must be reviewed by the
certifying scientist or laboratory director and certified as accurate.
Procedures to be used when the sample is given: The following procedures shall be
used whenever an employee is requested to give a blood or urine sample. Normally,
the sample will be taken at the laboratory. If taken at another location, transportation
procedures as identified shall be followed. All sample taking will be done under
laboratory conditions and standards as provided by the selected laboratory:
1. Prior to testing, or if incapacitated as soon as possible afterwards, the
employee will be required to list all drugs currently being used by the employee
on a form to be supplied by the Port. - The Employer may require the employee
to provide evidence that a prescription medication has been lawfully prescribed
by a physician. If an employee is taking a prescription or non-prescription
medication in the appropriate described manner and has noted such use, as
provided above, he/she will not be disciplined. Medications prescribed for
another individual, not the employee, shall be considered to be illegally used
and subject the employee to discipline.
When a blood test is required, the blood sample shall be taken promptly with as
little delay as possible. Immediately after the samples are drawn, the individual
test tubes shall, in the presence of the employee, be sealed, labeled and then
initialed by the employee. The employee has an obligation to identify each
sample and initial same. If the sample is taken at a location other than the
testing laboratory, it shall be placed in a transportation container after being
drawn. The sample shall be sealed in the employee's presence and the
employee given an opportunity to initial or sign the container. The container
shall be stored in a secure and refrigerated atmosphere, and shall be delivered
to the laboratory that day or the soonest normal business day by the fastest
available method.
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Port of Seattle
Police/Fire Communications Specialists
In testing blood samples, the testing laboratory will analyze blood/serum by
using gas chromatography/mass spectrometry as appropriate. Where
Schedule | and [I drugs in blood are detected, the laboratory is to report a
positive test based on a forensically acceptable positive quantum of proof. All
positive test results must be reviewed by the certifying scientist or laboratory
director and certified as accurate.
When a urine sample will be given by the employee, the employee shall be
entitled, upon request, to give the sample in privacy. In most cases, this
process will take place at laboratory. The sample container shall remain in full
view of the employee until transferred to, and sealed and initialed in the two (2)
tamper resistant containers and transportation pouch.
Immediately after the sample has been given, it will be divided into two (2)
equal parts. Each of the two (2) portions of the sample will be separately
sealed, labeled. If the sample is taken at a location other than the laboratory, it
shall be stored in a secure and refrigerated atmosphere. One of the samples
will then be delivered to a testing laboratory that day or the soonest normal
business day by the fastest available method.
The sample will first be tested using the screening procedure set forth in
Section (D) (3) of this Appendix. If the sample tests are positive for any
prohibited drug, the confirmatory test specified in Section (D) (4) of the
Appendix will be employed.
If the confirmatory test is positive for the presence of an illegal drug, the
employee will be notified of the positive results within twenty-four (24) hours
after the Port learns of the results, and will be provided with copies of all
documents pertinent to the test sent to or from the Port by the laboratory. The
employee will then have the option of submitting the untested sample to a
laboratory of mutual choice, at the Port's expense.
Each step in the collecting and processing of the urine samples shall be
documented to establish procedural integrity and a chain of evidence. All
samples deemed “positive” by the laboratory, according to the prescribed
guidelines, must be retained, for identification purposes, at the laboratory for a
period of six (6) months.
Consequences of positive test results:
An employee who tests positive shall have the right to challenge the accuracy
of the test results before any disciplinary procedures are invoked as specified in
Section (E) (7) and the Departmental Griévance Procedure.
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Port of Seattle
Police/Fire Communications Specialists
2. Consistent with the conditions of the Appendix, the Employer may take
disciplinary action based on the test results as follows:
Confirmed positive test - Employee is subject to discharge.
.G. Employee rights:
1. The employee shall have the right to a Union representative during any part of
the drug testing process.
If at any point the results of the testing procedures specified in the Appendix
are negative, all further testing shall be discontinued. The employee will be
provided a copy of the results, and all other copies of the results (including the
original) shall be destroyed within twenty-four (24) hours after the test results
have been received by the Employer. All positive test results will be kept
confidential, and will be available only to the Chief, one (1) designated
representative of the Chief, and the employee.
Any employee who tests positive shall be given access to all written
documentation available from the testing laboratory which verifies the accuracy
of the equipment used in the testing process, the qualifications of the laboratory
personnel, the chain of custody of the specimen, and the accuracy rate of the
laboratory.
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Port of Seattle
Police/FIre Communications Specialists
LETTER OF UNDERSTANDING
By and Between
PORT OF SEATTLE
And
oo
TEAMSTERS LOCAL UNION NO. 117
Affiliated With The
International Brotherhood of Teamsters
Representing Police/Fire Communications Specialists
Re: Lateral Entry Communication Specialists
The parties, herein, mutually agree that both to be more competitive with our competition and
to succeed in our mutual goal of fully staffing the bargaining unit with the most competent
employees, the parties agree to the following with regard to Lateral Entry Communication
Specialists:
1. Lateral entry employees shall receive compensation based on the
relationship between their verifiable years of service as a Public Safety-
related dispatcher and the “TENURE SINCE DATE OF HIRE” column of
Appendix A (A1) of the current Collective Bargaining Agreement.
2. If the lateral is hired from within the Port of Seattle, he or she shall use
their original hire date with the Port of Seattle for the purpose of vacation
accrual as defined in Article 14, Section 14.03 of the current Collective
Bargaining Agreement.
3. All issues related to seniority will be. based upon the laterals hire date
within the Port of Seattle Police Department. He or she shall not be
credited any time towards seniorityfor either prior dispatch experience or
past Port of Seattle employment.
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