8s. Attachment - New Collective Bargaining Agreement
Agenda Item: 8s_Attach_01 Meeting Date: December 14, 2021 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE PORT OF SEATTLE and INTERNATIONAL LONGSHORE and WAREHOUSE UNION LOCAL NO. 9 Aviation Security Collective Bargaining Agreement Incorporating: Security Access Specialist Part Time Security Access Specialist Aviation Security Trainer EFFECTIVE January 1, 2020 December 31, 2023 Table of Contents Contents ARTICLE 1: Purpose of Agreement ........................................................................................................ 3 ARTICLE 2: Union Recognition .............................................................................................................. 3 ARTICLE 3: Union Security .................................................................................................................... 3 ARTICLE 5: Business Representative Access ........................................................................................ 4 ARTICLE 6: Bulletin Board.................................................................................................................... 4 ARTICLE 7: Equal Employment Opportunity ........................................................................................ 4 Page 1 of 2 ARTICLE 8: Management Rights ........................................................................................................... 4 ARTICLE 9: Grievance Procedure .......................................................................................................... 5 ARTICLE 10: Seniority ........................................................................................................................... 8 ARTICLE 11: Advancement ................................................................................................................... 9 ARTICLE 12: Jury Duty ....................................................................................................................... 12 ARTICLE 13: Bereavement Leave ....................................................................................................... 12 ARTICLE 14: Hours of Work, Overtime, and Pay Periods .................................................................. 12 ARTICLE 15: Holidays .......................................................................................................................... 15 ARTICLE 16: Harry Bridges Day ......................................................................................................... 17 ARTICLE 17: Paid Time Off (PTO) and Sick Leave ........................................................................... 17 ARTICLE 18: Leave Without Pay ........................................................................................................ 20 ARTICLE 19: Other Benefits ................................................................................................................ 21 ARTICLE 20: Health and Welfare Programs ........................................................................................ 23 ARTICLE 21: Pensions ......................................................................................................................... 25 ARTICLE 22: Safety ............................................................................................................................. 25 ARTICLE 23: Equipment ...................................................................................................................... 25 ARTICLE 24: Job Related Training and Development ........................................................................ 26 ARTICLE 25: Shop Stewards ............................................................................................................... 26 ARTICLE 26: Discipline and Personnel Records ................................................................................. 26 ARTICLE 27: Good Faith Guarantee .................................................................................................... 27 ARTICLE 28: Performance of Duty. Strikes and Lockouts .................................................................. 27 ARTICLE 29: Emergency Conditions ................................................................................................... 27 ARTICLE 30: Personnel ........................................................................................................................ 27 ARTICLE 31: Compensation for Travel Time ...................................................................................... 28 ARTICLE 32: Savings Clause ............................................................................................................... 28 ARTICLE 33: Entire Agreement ........................................................................................................... 28 ARTICLE 34: Labor Management Committee ...................................................................................... 28 ARTICLE 35: Drug Testing .................................................................................................................. 29 ARTICLE 36: Term of Agreement ........................................................................................................ 29 APPENDIX A: WAGE RATES ............................................................................................................. 30 APPENDIX B: JOB DESCRIPTIONS .................................................................................................. 32 APPENDIX C ......................................................................................................................................... 37 APPENDIX D ......................................................................................................................................... 38 MEMORANDUM OF AGREEMENT .................................................................................................. 41 Page 2 of 3 ARTICLE 1: Purpose of Agreement This Mutual Agreement has been entered into by the International Longshore and Warehouse Union, Local No.9 (hereinafter referred to as the Union), and the Port of Seattle (hereinafter referred to as the Port). 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 all regular full-time and regular part time Security Personnel in the classifications of Security Access Specialist, Part-time Security Access Specialist, and Aviation Security Trainer employed by the Port of Seattle at the Sea-Tac Airport in the Airport Security Division, excluding supervisors, confidential employees, and all other employees of the employer. The parties agree that they intend this Agreement will operate to maintain the existing scope of work historically performed by members of this bargaining unit. If technology is implemented that changes the method of work such that the work is better suited to the Operations Unit, the Port will bargain the effects of such a change with the Union. In all other circumstances, the Port shall not skim bargaining unit work. The Port agrees that it will not contract out any of the work presently being performed by the employees covered by this contract. Such work shall be done under the terms and conditions of this contract. ARTICLE 3: Union Security Section 1. Recognition - The Port recognizes the Union as the exclusive bargaining representative of all employees whose job classifications are covered by this agreement. Section 2. Membership Rights - All employees working in the bargaining unit shall have the right to become a union member upon hire. Whenever possible, supervisors and managers who supervise represented workers will refer all questions from employees about union membership directly to the union. Section 3. Automatic Payroll Deduction - Upon receipt by the Union of written authorization individually signed by the employee, the Port will deduct from the pay of such employee the amount of dues and initiation fees as certified by the Union. The Port shall transmit such fees to the Union once each month on behalf of the members involved along with a detailed report listing the hours that each member worked. Section 4. Dues Deduction Cancellation - An employee may cancel their payroll deduction of dues and fees by giving written notification to the Union and copying the Port. The Port will make every effort to end the automatic dues deduction effective on the first pay period but no later than the second pay period after receipt of the written cancellation notice. The Port will not cancel the payroll deduction without the Union's authorization or confirmation. Section 5. Indemnification - The Union will indemnify and hold the Port harmless against claims made and/or against any suit instituted against the Port on account of check-off of dues and initiation fees for Page 3 of 4 the Union. The Union agrees to refund to the Port any amounts paid to it in error upon presentation of proper evidence thereof. Section 6. New Employee Orientation: The Employer shall notify and provide the Union the names and addresses of all new employees hired into the bargaining unit. The Union, through a Shop Steward, Union Member, or Union Representative shall at a mutually agreeable time with the employer be provided with, at a minimum, thirty (30) minutes during the employees' new hire orientation program in order to meet with the employee(s) to present information concerning the rights, responsibilities of the bargaining unit and Union membership as an employee. Only the employee being oriented to the Union will be paid for this time. ARTICLE 5: Business Representative Access The Port agrees to allow reasonableaccess to Port facilities (consistent with regulations controlling 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 departments or the Port. This Article shall apply within the constraints of federal or state regulations and statutes and the Airport Security Plan. ARTICLE 6: Bulletin Board Bulletin boards found to be acceptable and in compliance with the needs of limited use by the Union shall be provided by the Port. These bulletin boards 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 or applicant for employment or against any Union member or applicant for membership because of race, color, creed, national origin, ancestry, sex, pregnancy, gender identity, age (over 40), sexual orientation, religion, military status, disability, marital status, political ideology, whistleblower status, use of workers' compensation, Family Medical Leave Act (FMLA) use, or any other category protected by applicable federal, state, or local law. ARTICLE 8: Management Rights Section 1. 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. The Port reserves all rights of Management except as specifically limited in this Agreement. Among such rights are the determination of the methods, processes, and means of providing service, including the increase, or diminution, or change of operations, in whole or in part, including: a. the determination of job content and/or job duties; b. the combination or consolidation of jobs; Page 4 of 5 c. With regard to a and b above, at the Union's request, the Port shall conduct a job evaluation to determine if the combination or consolidation of jobs warrants an increase in wages, with the result of the evaluation being subject to the grievance procedure; provided, however, in exercise of such rights, it is not intended any other provision of this contract providing a specific benefit or perquisite to employees shall be changed, modified, or otherwise affected, without concurrence of the Union. Section 2. Subject to the provisions of this Agreement, the Port has the right to schedule work as required in a manner most advantageous to the operation and consistent with requirements of federal and state laws, rules, regulations and directives, and consistent with the Airport Security Plan. Section 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Section 4. Subject to the provisions of this Agreement, the Port reserves the right: (a) To recruit, assign, transfer, or promote employees to positions within the bargaining unit; (b) To suspend, demote, discharge, or take other disciplinary action against employees for just cause; (c) To determine methods, means, work locations and personnel necessary for airport operations and security; (d) To determine the number of personnel assigned on duty at any time. (e) To control the departmental budget, and if deemed appropriate by the Port, to implement reduction(s) in force; (f) To take whatever actions are necessary in emergencies in order to assure the proper functioning of operations; (g) To determine the need for additional educational courses, training programs, on-the-jobtraining , and cross training, and to assign employees to such duties for periods to be determined by the Employer; and (h) To manage and operate its departments except as may be limited by provisions of this Agreement. Section 5. The Union has all rights which are specified in the subsequent Articles of this Agreement and retains all rights granted by law except as such rights may be limited by provisions of this agreement. ARTICLE 9: Grievance Procedure Page 5 of 6 The parties acknowledge that every effort should be made by the employee(s) and the appropriate supervisor to resolve issues prior to initiating grievance procedures. A grievance shall be defined as an alleged violation of the terms of this Agreement. If a grievance is initiated by the Port or the Union regarding the application or interpretation of the terms of this Agreement, the grievance may be filed at Step 2 within 21 calendar days of knowledge of the circumstances giving rise to the grievance; otherwise, the grievance must be initiated at Step 1. A four-step grievance procedure is established as follows: Step One: Informal Resolution. An employee who believes that a provision of this Agreement has been violated must submit a "Grievance Filing" form (See Appendix C) to the Port and the Union within twenty-one (21) calendar days from the date he/she knew or reasonably should have known of the alleged violation. Within fourteen (14) calendar days of the filing of the completed "Grievance Filing" form, the Port will send a written response to both the employee and to the Union. Step Two: Labor Relations Committee. If the written response in Step One has not resolved the grievance satisfactorily, or if the Union initiated the grievance, the Union may, in its sole discretion, elect to advance the grievance to Step 2. If a grievance is brought by the Port against the Union, it may be filed at Step 2. To advance a grievance to Step 2, either the Union or the Port shall submit a written statement setting forth in detail the facts upon which the grievance is based, the sections of the Agreement alleged to have been violated, and the remedy sought. The Union shall submit such written statement to the Senior Director or designee of Labor Relations and the Port shall submit such written statement to the Secretary/Treasurer/Business Agent of the Union. For a grievance to be timely initiated at Step 2, the written statement must be submitted within twentyone (21) calendar days from the date the grieving party knew or reasonably should have known of the alleged violation. Where a grievance was initiated at Step 1, the Step 2 written statement must be submitted within fourteen (14) calendar days of the receipt of Port's written Step One response. A Labor Relations Committee (LRC) shall consist of the Union's Business Agent and up to two (2) members of the bargaining unit selected by the Union, and up to three (3) persons selected by the Port. The LRC will meet within fourteen (14) calendar days of the request that it do so to discuss and attempt to resolve the grievance. Any resolution reached by the LRC shall be reduced to writing and signed on behalf of the Port and the Union. If the grievance is not resolved at the Step 2 meeting, the Port will send a written response to Union within fourteen (14) calendar days of the Step 2 meeting. The written response will include the Port's position on the grievance. Step Three: Voluntary Mediation. If the grievance is not resolved at Step 2 of the procedure, upon mutual agreement, the Port and the Union may, within seven (7) days of the Port's written Step 2 response, agree to submit the grievance to a mediator appointed by the Public Employment Relations Commission or another mutually agreed upon mediator for mediation. If mediation fails to resolve the issue(s), or if both parties do not agree to submit the grievance to mediation, then the matter may be referred to arbitration by the grieving party. Nothing said or done by the parties or the mediator during the grievance mediation can be used in the arbitration proceeding. Page 6 of 7 Step Four: Arbitration. A. Arbitration Procedures Within thirty (30) days of the date that the Union received the written Step 2 response or, if the parties attempt mediation, within thirty (30) days of the failure of the mediation process, either party to this Agreement may, in its sole discretion, apply to the Federal Mediation and Conciliation Service for a list of five (5) persons who are qualified and available to serve as arbitrators for the dispute involved. Within five (5) days of receipt of this list, the Labor Relations Committee will jointly select the arbitrator from the list in the following manner: The representatives of the Union and the Port shall each privately identify (strike) two (2) of the five (5) available arbitrators. The person whose name was not struck shall be the arbitrator. If more than one (1) person is not struck by either party, the person not struck whose last name comes first in the alphabet shall be selected. The decision of the arbitrator shall be final and binding to all parties to the dispute. The Union and Port shall pay any compensation and expenses relating to its own witnesses and/or representatives, except that Port employees whose presence is (1) requested by the Union or the Port and (2) reasonably necessary or related to the proper conduct of the arbitration, and who otherwise would be "on the clock," will be treated as if they are still working and thus will suffer no loss of pay as a result of their presence at the arbitration. In order to ensure parity for all employees in this regard, an employee who is assigned to swing or graveyard shift and whose presence meets the criteria set forth above shall be released from some or all of either the shift immediately preceding the date of his/her presence at the arbitration, or the shift following such presence, depending on the circumstances, for an amount of time equal to the amount of time such employee is directed to spend at the arbitration. If either party requests a stenographic record of the hearing, the party requesting the copy will pay the cost of said record. If the other party also requests a copy, the party will pay one-half (1/2) of the stenographic costs. The fees and expenses of the arbitrator shall be shared equally by the parties. The Union does not hereby waive any rights it may have, subsequent to a successful arbitration, to seek an award of reasonably incurred attorneys fees pursuant to RCW 49.48.030. B. Limitation on Power of the Arbitrator The powers of the arbitrator shall be limited to the application and interpretation of this agreement and its appendices. Decisions shall be based on whether or not a contract violation is deemed to have occurred. The arbitrator shall have jurisdiction to decide any dispute arising under this Agreement, but shall not add to, delete, or modify any section of the Agreement. EXCEPTION: Should the Union contend that it is (or could be) entitled to an award of reasonably incurred attorneys fees pursuant to RCW 49.48.030, and should the Port agree, the Port and the Union may specifically request that the arbitrator retain jurisdiction, subsequent to his/her ruling on the merits of the grievance, to determine all issues related to the amount of such an award and to determine the appropriate amount of such an award. Such an agreement may occur either prior to or subsequent to the arbitrator's decision on the merits. C. Time Limits/Intent of the Parties It is the intent of the parties that disputes be resolved in an amicable and orderly fashion based on the merits. In pursuing this end, the parties do not want disputes forced to either the LRC or arbitration that might be resolved at earlier stages. For this reason, the time limits and all other requirements set forth above may be waived by written agreement or acknowledgement of the primary representatives of the parties, i.e., the Port's Labor Relations Director or his/her delegate, and the Union's Business Representative or his/her delegate. Page 7 of 8 D. Time Limitation as to Back Pay Grievance claims involving retroactive compensation shall be limited to one hundred and eighty (180) calendar days prior to the written submission of the grievance to the Port and the Union, provided, however, this one hundred and eighty (180) day limitation may be waived by mutual consent of the parties. ARTICLE 10: Seniority Section 1. Seniority Roster. The Port shall maintain one (1) seniority roster for the bargaining unit. Seniority for the purpose of this Article is the employee's most recent date of hire into the bargaining unit, except as noted below. A. If there are multiple employees hired on the same day into the bargaining unit, seniority will be determined by random drawing jointly by the Parties. The Union will promptly notify the Employer of the result of the drawing. Section 2. Shift Bid. Employees shall have the right to exercise shift preference for shifts available to their classification according to their seniority. Section 3. Reduction in Force. One purpose of classification seniority is to give credit to employee service in layoff and recall situations. Employees will be laid off and recalled according to seniority; thus the last employee hired into the bargaining unit shall be the first laid off if there is a reduction in force. The parties recognize that they have also negotiated and implemented furloughs in lieu of layoffs in the past. Section 4. Bumping Rights. Persons employed in a particular classification who are laid off from that classification may bump into a previously held equivalent or lower level position within the bargaining unit based on their seniority. For the purpose of this section, the Aviation Security Trainer is a higher level classification than the other classifications in the bargaining unit. Employees within the Aviation Operations bargaining unit, who are laid off from their classification may bump into a previously held position within the Aviation Security bargaining unit based upon their seniority. Should that occur, their seniority will be the same as when they left that classification. Section 5. Recall to Classification. Employees laid off from their classification position who bump to any other bargaining unit position in accordance with the provisions of this Article will be entitled to be recalled in their seniority order to their prior position for a period of two years following the layoff. EXCEPT: the right to be recalled to a classification from which an employee has been laid off will be forfeited if an offer of recall is made and declined. Additionally, an employee must be qualified, or qualifiable for the position within a reasonable amount of time. Nothing in this Article precludes the Port from actually reducing the number of positions available for bargaining unit members. Section 6. Loss of Seniority. All seniority rights shall be broken and forfeited by resignation, or termination for cause, retirement, or voluntarily accepting a position outside of this, or the Aviation Operations bargaining unit. Except: If an employee accepts a transfer out of the unit in lieu of a layoff, that employee shall maintain his or her classification seniority until such time as he or she has been working away from the unit in excess of twenty-four (24) months, or declines an offer of recall to the classification, whichever is sooner. Page 8 of 9 Section 7. Retention of Seniority. Seniority is not lost through promotion to any position in this or the Aviation Operations bargaining unit, or as a result of exercising a bumping right under Article 10 Section 4. Section 8. Notice of Layoff. In the event of an imminent reduction in force, written notice shall be provided to each employee scheduled for layoff and the Union at least five (5) weeks prior to the date of layoff. Section 9. Probationary Period. There shall be a six (6) calendar month probationary period after being hired into any position in this bargaining unit. Employees on such probation shall work as directed. Additionally, they shall report to work as called and shall accept designated shift assignments and work assignments. Continued employment shall be based on evidence of the employee's ability to meet the above standards and to maintain a satisfactory level of performance as judged by the Port during the probationary period following hire into a bargaining unit position. Probationary employees have the same rights as all other employees and have the same access to the grievance procedure as all other employees although they can contest termination only on the basis that the termination is arbitrary or capricious or for an illegal reason. ARTICLE 11: Promotion/Advancement Section 1. Line of Progression. The general line of progression for advancement,promotions, and regression shall be as follows: Security Access Specialist to Aviation Security Trainer. Employees may apply for the Airfield Operations Specialist/Senior Operations Controller positions outside of the bargaining unit. Section 2. Selection Process for Aviation Security Trainer. At the outset of any promotional process to fill an open AVSEC Trainer position, the Employer shall select to sit on the promotional team one member of the Security bargaining unit. Such promotional team shall jointly create and score the assessment and interview portions of the process (as described below). In addition, the Union may designate one person from the bargaining unit or the Union to observe the promotional process. The observer is responsible for arranging their own availability to observe the promotional process, and the Port will not pay the observer. 50% Assessments: The assessments shall include some demonstration of knowledge, skills and ability as determined by mutual agreement between the Employer and the bargaining unit member on the promotional team. 50% by Interview with questions determined by mutual agreement between the Employer and the bargaining unit member on the team. All members of the interview team will keep the interview questions confidential until after the promotional process is complete. The Port shall assess and interview the qualified applicants for the position. After the assessment period and interview, the promotional team (including the bargaining unit member on the team) will jointly consider which applicant should be selected for the position. The Port has the discretion for selection of employees for promotion to AVSEC Trainer. However, if the Port deems the qualifications of two candidates to be equal, seniority shall be the deciding factor in choosing between the two candidates. The Port's decision regarding promotion/hire cannot be arbitrary or capricious. In Page 9 of 10 the event no internal applicant is qualified to fill an AVSEC Trainer opening, the employer may fill the position externally using equivalent or greater qualifications. Section 3. Job Qualifications. Only reasonable and actually necessary qualifications may be set as the qualifications necessary to be selected for any position. The employer may create training programs and objective testing to ensure that an employee has such qualifications and the employer may create an objective certification process to create a record of such qualifications. Section 4. Advancement to SOC and AOS Positions. Requirements: 1. To advance, employees must have demonstrated satisfactory performance in their current position. 2. To advance, employees must have the following job related certifications or higher: for AOS AAAE Ace Operations Certificate; for SOC AAAE Ace Communications or AAAE Ace Operations Certificate. Qualification Training Opportunities: 1. The Operations Division will make available a minimum of five, and up to the number of people who passed the ACE exam in the prior calendar year, AAAE self-paced certification programs, based upon seniority to SACs seeking promotion to SOC and/or AOS positions on a seniority basis for each year of this agreement. 2. Requests to participate in the AAAE certification programs will be accepted and candidates identified by December 1st of each year. Access to such program materials will occur no later than the following January 1. Candidates who fail to take the test within six months of receiving access to the program materials will forfeit their seniority preference for the remainder of the year. The Parties agree that two AAAE certification programs to interested SACs based upon seniority shall be given upon ratification of this agreement. Selection Process. At the outset of any promotional process to fill an open SOC or AOS position, the Employer shall select to sit on the promotional team one member of the Operations bargaining unit who is in the same position as the open position. Such promotional team shall jointly create and score the assessment and interview portions of the process (as described below). In addition, the Union may designate one person from the bargaining unit or the Union to observe the promotional process. The observer is responsible for arranging their own availability to observe the promotional process, and the Port will not pay the observer. 50% Assessments: The assessments shall include some demonstration of knowledge, skills and ability as determined by mutual agreement between the Employer and the bargaining unit member on the promotional team. Page 10 of 11 50% by Interview with questions determined by mutual agreement between the Employer and the bargaining unit member on the team. All members of the interview team will keep the interview questions confidential until after the promotional process is complete. The Port shall assess and interview the three (3) most senior qualified applicants for the position (or the number of qualified applicants, if fewer than three). After the assessment period and interview, the promotional team (including the bargaining unit member on the team) will jointly consider which applicant should be selected for the position. The Port has the discretion for selection of employees for promotion to AOS/SOC. However, if the Port deems the qualifications of two candidates to be equal, seniority shall be the deciding factor in choosing between the two candidates. The Port's decision regarding promotion/hire cannot be arbitrary or capricious. In the event no internal applicant (AVSEC Trainer or SAS) is qualified to fill an AOS or SOC opening, the employer may fill the position externally using equivalent or greater qualifications. Section 5. Out of Class Assignments Within the Bargaining Unit. Employees with the necessary qualifications may be used as substitute or fill-in temporary employees in higher positions on the basis of seniority in the employee's regular position. An employee so utilized shall be compensated at the rate of the higher position for all time worked in that position. The right to use fill-in or substitute employees shall not be used to diminish normal work weeks or normal overtime expectations of the affected group. Section 6. Trial Service. Any employee promoted un der the terms of this Article shall work subject to a six calendar month trial period in the new position beginning on the first day of assignment after selection. All time worked as a substitute, fill-in, or temporary employee in the preceding 12 month period will be counted toward the 6 month trial period. Some positions may also require additional certification requirements. If within the trial period the employee is unable to meet the standards of performance for the new position, the employee shall have the right to return to his/her position in the classification that he/she left. Section 7. Out of Class Assignments Outside of the Bargaining Unit. The Port may, with the concurrence of the Union, assign an employee from the bargaining unit to a position outside of the bargaining unit for a period not to exceed six (6) months. Assignments may be extended with mutual agreement by the Parties. All such temporary, out of class assignments shall be voluntary on the part of the employee who is offered the assignment. The Port and the assigned employee each reserve the right to end the assignment at any time. During such assignment the employee shall be compensated at a rate determined by Port Human Resources and hours of work shall be as assigned by management. Such compensation shall not be less than the compensation the employee would receive in his/her bargaining unit position. Medical and leave benefits shall continue during such out of class assignments as under the Parties' collective bargaining agreement. The employee will continue to meet his/her union security obligations consistent with his/her bargaining unit position during the out of class assignment. Dues deduction will continue to be made available to the employee as set forth in RCW 41.56.110 and the CBA. Bargaining unit employees shall have the right to return to their bargaining unit position without loss of seniority at the conclusion of such out of class assignment. Any backfilling of bargaining unit positions resulting from a temporary assignment to a position out of the bargaining unit will be made on the basis of seniority, as provided under the Parties' collective bargaining agreement. Assignment of bargaining Page 11 of 12 unit members to out of class assignments shall not change the scope of recognition of the ILWU Local 9 Aviation Security bargaining unit. ARTICLE 12: Jury Duty When an employee is called for and serves as a subpoenaed witness or on jury duty, that employee shall, during such service period, receive full regular compensation from the Port, less any compensation received from the court for such service (excluding travel, meals, or other expenses). Port compensation for service as a subpoenaed witness (Port-related), or on jury duty will satisfy the employee's work requirement for the day of service. It is the intent of this provision to provide relief on those days an employee is assigned to report for jury duty or as a subpoenaed witness. An employee who is assigned to swing or graveyard shift and who is required to serve on a jury shall be released from either the shift immediately preceding his or her jury service or the shift following his or her jury service depending upon the circumstances and compensated for such shift. An employee assigned to day shift shall be released and compensated for the shift which coincides with his or her service. Leave for Jury Duty shall not result in compensation for more than the number of hours in any normal workweek. If the employee is excused on any regular workday from the jury panel, he or she will be expected to report to the Port for regular duty. ARTICLE 13: Bereavement Leave Bereavement Leave shall be granted to 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. Immediate family shall be defined an employee's spouse or domestic partner, the employee's (or employee's spouse or domestic partner's) parent, child, step-child, sibling, grandparent, grandchild, aunt, uncle; or a sibling's spouse, domestic partner or child. Domestic partner shall be defined in accordance with the Port Policy HR-31. In special circumstances, the Director of Human Resources may include others in the definition of immediate family. Three (3) days paid leave will be granted if the funeral is in Washington State. Up to five (5) days paid leave will be granted if to cover required travel time to attend the funeral outside of Washington State. ARTICLE 14: Hours of Work, Overtime, and Pay Periods Section 1. Hours of Duty. The normally scheduled workweek for full-time employees affected by this contract shall be the equivalent of forty (40) hours per week on a Port payroll week basis. The workweek for full-time employees shall consist of five (5) consecutive eight (8) hour days with two (2) consecutive days off, or four (4) consecutive ten (10) hour days with three (3) consecutive days off except as otherwise noted. The normally scheduled workweek for part-time employees affected by this contract shall be the equivalent of at least twenty-one (21) hours per week on a Port payroll week basis, with at least two (2) consecutive days off per week. The normally scheduled work day for part-time employees will be no shorter than four (4) hours or longer than ten (10) hours. Page 12 of 13 The normal scheduled workday of eight or more hours shall include a one-half (1/2) hour meal period and two (2) fifteen (15) minute rest periods. A shift of five hours or longer will have a one-half (1/2) hour meal period. Employees shall receive a fifteen (15) minute rest period every four hours of work. These rest and meal periods shall be paid at the employee's regular rate of pay. If an employee does not get a lunch break, the employee shall be paid an extra one-half (1/2) hours pay except as otherwise noted. For all full-time employees covered by this agreement, the break and lunch periods specified above can be combined into a one (1) hour lunch meal period, and such lunch period can be taken during the period ninety (90) minutes prior to and following the midpoint of the shift, with management and employee agreement. All employees covered by this agreement may be required to carry electronic communication devices and keep them activated during break and lunch periods. Employees called back to work during a paid break or paid lunch period shall be required to report to their assignments within ten (10) minutes, or a longer period of time if necessary to return in a safe manner. Section 2. Overtime Pay and Exceptions. Hours worked in excess of the normally scheduled work day, or in excess of the normally scheduled work week on a Port payroll basis, shall be compensated at the overtime rate of one and a half (1.5) times the employee's regular rate of pay. Work in excess of forty (40) hours in a week shall also be paid at the overtime rate. There shall be no pyramiding or compounding of overtime. "Holiday pay" does not count toward calculating hours worked for purposes of calculating overtime for those employees who do not actually work on the holiday. (See "Holidays" article for additional clarification.) Every effort will be made not to schedule unreasonable overtime. Work over twelve (12) hours in a twenty-four (24) hour period or over fifty (50) hours in a week shall be considered unreasonable, except in an emergency. The Port shall make its best efforts to equalize overtime opportunities within a shift on a semi-annual basis. Employees shall receive quick turnaround pay in the event there are not at least eight (8) hours between shifts. When this occurs, the affected employee will be paid four (4) hours minimum time and a half. Section 3. Shift Differentials. Employees shall receive a shift differential of 7.5% over their regular rate when working swing shift hours and 10% over their regular rate when working the mid shift hours. Overtime shall be calculated using the rate of pay for the shift that the employee actually worked. Time brackets defining day shift/swing shift/mid shift are as follows: Day Shift: between 7:00 A.M. - 2:59 P.M. Swing Shift: between 3:00 P.M.-10:59 P.M. Mid Shift: between 11:00 P.M.-6:59 A.M. The majority of hours worked within a particular time bracket will determine the shift differential that an employee is entitled to be paid for the entire shift. In the event that an equal number of hours are worked in two (2) separate shifts, the employee will be paid at the higher shift differential for the entire period of hours worked. Page 13 of 14 Section 4. Scheduling of Days Off. The Port shall not make temporary changes to employee's bid schedule or reschedule days off, solely to prevent payment of overtime. Schedule adjustments to accommodate training while maintaining a forty (40) hour workweek for employees shall be considered appropriate with advance notice as required in Section 7, below. Normal days off at the end of the schedule week shall be consecutive. Section 5. Approval for Overtime Work. Authority for approval of any overtime work shall be limited to departmental management or its designees. Section 6. Minimum Show-Up Time. Any person called in to work on a day off or called in to work before or after the conclusion of their shift shall be paid a minimum of four (4) hours pay at the appropriate rate regardless of the length of the call, unless the call lasts more than four (4) hours. This pay shall be in addition to any pay paid for the person's regular shift. This does not apply to extension of shifts before or after the scheduled shift or to optional meetings offered by management that are attended virtually. Section 7. Notice of Shift Change. Except in emergencies and as specified below, employees shall be provided with fifteen (15) calendar days notice in the event of shift change. Section 8. Pay Periods and Pay Processes. All employees shall be paid bi-weekly, and in the same manner established by the Port's Payroll Procedures and Policies applicable to non-represented employees. Employees covered by this Agreement may be required to use time clocks or other attendance verification technology. Section 9. Special Conditions by Classification. i. Seniority Shift Bid. Based on seniority within their job classification, (with separate bids for regular/lead SASs, part-time SASs, and AVSEC trainers), employees shall bid shifts, and/or days off that will be effective no later than the last day of the months of January, May and September. Management will ensure that there are at least fourteen (14) calendar days notice from the time the bid process has been completed and the time that the new shifts, assignments and/or days off are implemented. In the event of a significant change in operations, employees will have the option to re-bid shifts. ii. Vacation Bidding. Vacations shall be bid on a first come, first serve basis. Management will provide a rolling calendar binder or electronic equivalent so that employees may look out one (1) year in advance in order to put in for vacation. iii. Shift Duty Full-time/lead SASs, part-time SASs, and AVSEC trainers shall each be divided into a shift system; each shift shall begin at a specified time and continue for the duration of their scheduled shift. Each shift will have a Relief position(s) as necessary. Shift vacancies shall be filled on a one-time basis with the highest seniority volunteer from within that shift. If there are no volunteers within the shift, it shall be filled by the most senior volunteer from the section. Assignments will be posted four weeks in advance. Beginning no earlier than January 1, 2018, Senior Access Controllers will not have seniority preference for duty assignments. Page 14 of 15 iv. Lead. The Port may, at its discretion, designate one or more bid shift position on each scheduled shift (i.e. "Day", Swing," and "Mid") as the "lead" position, and limit bidding for that shift to those employees who are willing to undertake Lead responsibilities and do not have discipline on record in the last 12 month period. The Lead position will be compensated at a rate of 5% above the pay rate that would otherwise apply. v. Shift Trades. Trades between individuals within equivalent classifications after shift bidding is completed (but within the same pay period) shall be permitted as follows: Trades will not cause overtime. Trade will not disturb any other established vacation bid. Employees will provide reasonable advance notice to management of trades pursuant to department policy and procedure. The appropriate supervisor will approve trade in writing after the above conditions have been met. vi. Training. The normal workday and/or workweek for Senior Access Controllers may be modified to accommodate training or educational requirements. Such modifications shall not be made unless the employee is given 5 working days notice. Employees required to attend approved training shall be compensated at the assigned shift rate of pay. vii. Percentage of Part-time Security Access Specialist. The Employer has the ability to employ up to 25% of the bargaining unit as Part-time Security Access Specialist. In the event that the Employer determines a need for a new Security Access Specialist, then the most senior Part-time Security Access Specialist will have the right of first refusal for that position. The Employer will also consider converting a Part-time Security Access Specialist to a Security Access Specialist position if the Part-time Security Access Specialist employee works more than 1664 hours over the course of a calendar year, not including trades/pickups of another SAS's hours without trading back the same hours. After the transition process described in MOU Transition to Security Access Specialist, the Employer will maintain staffing of part-time up to this percentage through hiring and volunteers. Section 10. Direct Deposit. As a condition of employment, all employees who currently have direct deposit, and all employees HIRED AFTER December 31, 2019, are required to participate in the Port's direct deposit program for payroll purposes. Those that choose not to participate in the Port's direct deposit program, must sign the application to receive a pay card in lieu of direct deposit, or may request a physical check. ARTICLE 15: Holidays Section 1. Effective at the signing of this agreement, the following paid holidays shall be recognized and observed, as follows: 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 MayJuneteenth To be designated by the Port Independence Day July 4 Page 15 of 16 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Christmas Day December 25 One (1) "Floating Holiday" To be designated by the Port When the Port's salary and benefit resolution shifts the day of observance of any of the above holidays, that shift shall apply to the holidays under this contract as well. Section 2. Premium Pay for Working on a Holiday. Employees scheduled to work on a Port observed holiday shall receive one and one half times regular rate of pay for hours worked on a Port designated holiday. Employees who work on the actual holiday of Christmas Day, New Year's Day or Independence Day shall receive one and one half times regular rate of pay for hours worked, if different from the Port's designated day of observance for those three holidays. In no case shall an employee be eligible for holiday premium pay for more than one day for each of the ten holidays. Section 3. Compensation for Holidays. "Holiday pay" for bargaining unit employees shall be the number of hours that is their bidded shift at the straight-time rate subject to the following conditions: All employees (except Construction Support Specialists- See Below), whether they work or don't work on the holiday, will receive "Holiday Pay" in one of two forms: Either a) A "cash out" of the 'holiday pay', OR b) An "in lieu of holiday" day off (equivalent of the number of hours that is their bidded shift) The choice between a and b is subject to certain limitations described below: 1. If employees choose to cash out the "holiday pay", there is no choice of when it is cashed out- it attaches to the contractually listed holiday. OR 2. If employees choose the "in lieu of" day off option, such day would have to be asked for by the employee and approved by management before it can be taken (just like PTO). Such "in lieu of" days must be taken before PTO is used. It is up to the employee to keep track of their "in lieu of" days. All such "in lieu of" days will be cashed out at the straight time rate at the end of the same Port payroll calendar year in which they were earned. (e.g., all 'in lieu of" days earned in 2008 will be cashed out at end of the Port's payroll calendar year for 2008.) If the employee does not make the choice on their time cards during the pay period of the holiday, they will get the "holiday pay cash out" (of 8 or 10 hours straight time, whatever is their usual shift) by default. Page 16 of 17 Also, for only those employees who actually work on the holiday they get, in addition to "Holiday Pay", an OT premium for hours actually worked on the holiday. The premium is time-and-a-half for their bidded shift, and two-and-a-half their regular rate for hours worked beyond their normal shift. It is the intent of this Holiday Pay Article that only those employees who actually work on the holiday will receive the benefit of the overtime premium in addition to "Holiday Pay". "Holiday pay" does not count as hours worked for purposes of calculating overtime for those employees who do not work on the holiday. (i.e. if the holiday falls on a Monday, and an employee's normal work schedule is Tuesday-Saturday, the fact that the employee is paid eight (8) hours of 'holiday pay' for Monday would not cause the employee to be paid OT for working on Saturday, their bidded day of work.) This Section shall be effective starting with the first contractually listed holiday after the signing of this Agreement. Holiday pay shall be prorated for all employees who work less than a full time schedule. ARTICLE 16: Harry Bridges Day Harry Bridges Day. Each employee who works on July 28 for each year during the term of this agreement shall receive one and one half times their regular hourly rate of pay for all hours worked for that day. ARTICLE 17: Paid Time Off (PTO) and Sick Leave Section 1. Paid Time Off (PTO) A. Scheduling of PTO. At any time after the successful completion of the six (6) month probationary period, eligible employees may request and use PTO of up to the number of days accrued (explained in detail below) at the time of the desired PTO date, subject to the approval of management or his/her designee. Employees will endeavor to give thirty (30) days' notice to the Manager of a requested PTO leave and in no case, barring an emergency or by mutual consent, shall there be less than five (5) days' notice. The Manager will endeavor to approve an employee's vacation request within two (2) weeks of notice by the employee. Payment for PTO may be made only to the extent of unused PTO accruals at the time of the leave. B. Limits on Accumulating PTO: PTO accumulation shall be limited to four hundred and eighty hours (480): Employees Hired Before 12/20/98: Balances over the limit will be cashed out at a 100% rate during the first (1st) pay period of the payroll year. Accruals over the limit will be cashed out quarterly. i. Accruals will cease when the limit is reached and will resume only when the balance is below four hundred and eighty (480) hours. Page 17 of 18 Management shall be responsible for encouraging and allowing proper scheduling for employees taking annual leave in order to avoid any forfeiture of PTO. It is not the intent that employees be allowed to forfeit PTO. C. Rates of Accruals: Eligible employees shall receive PTO accruals based upon a pro rata share of a full-time work schedule. PTO is earned as follows: i. Based on the first day of employment from the first (1st) full month to and including the thirtysixth (36) full month of continuous employment, eligible employees shall accrue PTO at the rate of .07538 hours per straight-time hour paid. (e.g. .07538 x 1950 annual hours = 147.0 hours, .07538 x 2080 annual hours=156.8 hours) ii. From the thirty-seventh (37) full month to and including the eighty-fourth (84) full month of continuous employment, eligible employees shall accrue PTO at the rate of .09462 hours per straight-time hour paid. (e.g. .09462 x 1950 annual hours = 184.5 hours; .09462 x 2080 annual hours = 196.8 hours) iii. From the eighty-fifth (85) full month to and including the one-hundred thirty-second (132) full month of continuous employment, eligible employees shall accrue PTO at the rate of .10423 hours per straight-time hour paid. (e.g. .10423 x 1950 annual hours = 203.3 hours; .10423 x 2080 annual hours = 216.8 hours) iv. After completion of eleven (11) years of continuous employment starting with the one hundred thirty-third (133) month, eligible employees shall accrue PTO at the rate of .11385 hours per straight-time hour paid.11385 x 2080 annual hours =236.8 hours). Cash Out Option. Employees who have taken at least two weeks (80 hours) of paid time off in the previous twelve (12) months may elect for a cash-out option in accordance with the Provisions of HR- 5. The Port may change or modify its PTO cash out policy and/or procedures. If the Port desires a change/modification the Port agrees to provide the Union with advance written notice. Section 2. Payment for Accrued Leave at Termination. Leave that is cashed out at termination shall be at the scheduled hourly rate of pay as recorded in the payroll system. A. Sick Leave. Upon termination or retirement immediately following five complete years of active employment in a continuous period of employment with the Port of Seattle, qualified employees shall be compensated, as described below, for 50% of their unused sickleave at their rate of pay at termination. B. Paid Time Off (PTO). Upon termination, eligible employees shall receive compensation at 100% value in lieu of unused accrued PTO. PTO may be cashed out, used as service time after the last day worked, or taken in a combination of cash and service time. A probationary employee who terminates active employment before satisfactorily completing the probationary period shall receive no PTO pay. Due to the effects of accrued leave on service time and of federal laws on rights to continuation of medical insurance, terminating and retiring employees should notify the Total Rewards Team in Human Page 18 of 19 Resources as soon as possible in order to obtain the appropriate counseling. In the case of a regular employee's death, a lump sum payment for payable amounts of unused accrued leaves, sick leave, and PTO shall be paid to the employee's heir or estate as appropriate. Section 3. Sick Leave Sick Leave: Sick Leave for employees is earned as follows. Part-time employees earn a proportional share of hours. Accrued Sick Leave may be used for employee or family member illness, injury or disability: see below for further information. Reasonable notice must be provided for the use of Sick Leave if the situation is foreseeable, and prior to the start of the employee's shift if practicable. Sick Leave will accrue in two banks. Bank 1) Protected Sick Leave .027 per hour worked will accrue as Washington Protected Sick Leave. Employees may utilize this leave in accordance with the minimum requirements of the Washington State Sick Leave Law, RCW 49.46.210. Employees shall be notified on each paystub of the amount of Protected Sick Leave they are entitled to use for authorized purposes as defined by the law. Bank 2) Paid Sick Leave .027 will accrue as Paid Sick Leave per hour paid but not worked. On the first pay stub of each calendar year Protected Sick Leave (if any) from Bank 1 in excess of forty (40) hours will be transferred to Bank 2. There is no limit on the amount on the amount of Washington Protected Sick Leave that may be accrued in a calendar year. Protected Sick Leave can be used for an absence resulting from an employee or family member's mental or physical illness, injury, or health reason; to accommodate a need for medical diagnosis, procedure, care, or treatment; or need for preventative medical care. In addition, Sick Leave may be used for: a qualifying FMLA or FCA absence, for absences that qualify for leave under the Domestic Violence Leave Act when an employee's work location has been closed by order of a public official for any health-related reason, or, when an employee's child's school or place of care has been closed for a health-related reason (not weather related). Upon termination or retirement following five or more consecutive years of active employment with the Port of Seattle, an eligible employee shall be compensated for 50% of his or her Protected Sick Leave and Sick Leave accrued balance at the employee's hourly rate of pay in effect at termination or retirement. Unless cashed out upon termination or retirement, unused, accrued Protected Sick Leave will be reinstated upon rehire within twelve (12) months subject to the provisions above. Page 19 of 20 A. Payoff. Unused Sick Leave leave may not be converted to cash payment except upon termination or retirement and after five (5) years of continuous service, qualified employees shall be compensated for fifty percent (50%) of their unused Sick Leave leave at their rate of pay at termination. B. Abuse of Sick Leave. Both parties are committed to work to minimize or eliminate any abuse of extended illness leave. Section 4. Shared Leave. Employees may participate in the Port of Seattle's Shared Leave Program as outlined in HR-5. The Port may change or modify its Shared Leave Program. If the Port desires a change/modification the Port agrees to provide the Union with advance written notice. Section 5. Paid Parental Leave. The Port agrees to provide Paid Parental Leave to regular, nonprobationary employees for the term of this agreement. Eligibility, participation and terms of the Paid Parental Leave shall be as provided to non-represented employees as outlined in Port policy HR-5. Changes and/or modifications to Paid Parental Leave shall not be a bargainable issue. However, the Port agrees to provide advance notice of any changes to Paid Parental Leave to the Union. ARTICLE 18: Leave Without Pay Section 1. When an employee requests leave without pay (LWOP) in conjunction with any other leave, the requests should be combined so the Manager or designee may assess the consequences of the entire period of time off being requested. LWOP may not be approved unless it will occur after all appropriate paid leave accruals are exhausted. When the absence is for personal reasons, all vacation or PTO leave and sick leave must be exhausted. If the employee's request for LWOP is due to a reason that Washington Paid Sick Leave may be used for, the employee must first exhaust PTO leave and non-protected Sick Leave (Bank 2 under Article 17.3), but need not exhaust Protected Sick Leave (Bank 1 under Article 17.3). . Approval of a leave under the conditions and limits of this section assumes the employee's right to reinstatement without loss of pay. However, if a reduction in force should occur during a period of leave, the returning employee would be subject to the action, which would have taken place, if the employee had remained at work. If any employee does not return within the agreed time and does not notify the Port of the reason or request an extension, a termination personnel action form shall be prepared following final determination by the Manager or his/her designee. Section 2. The following types of leave shall be authorized by the Manager or designee within the conditions and limits indicated: A. Military Leave: Military leave shall be provided as stated in the current Port of Seattle Policy HR-5, and in accordance with RCW 38.40.060. B. Personal LWOP: Page 20 of 21 A request for LWOP for non-military or non-medical reasons shall be considered a personal LWOP. Approval is not automatic. Port management considers leaves extending beyond an employee's accrued PTO as a special consideration to be granted only after careful evaluation. Each request will be considered on its own merits and the factors to be considered by the Manager or designee shall include: The purpose and length of requested leave The employee's length of service The effects of such an extended absence on the operational efficiency of the department. A personal LWOP with a mutual benefit for the Port and the employee would receive greater priority, than a request with limited or no benefit to the Port.. After an evaluation, the Manager or his designee may authorize up to ninety (90) calendar days LWOP to a regular employee whose performance and attendance are satisfactory. C. Medical LWOP: A disability period is the time an employee is unable to perform the duties of his/her position due to illness or injury as determined and certified by a health care provider in writing to Human Resources or a firm designated by the Port. Illness may include, but is not limited to, disabilities related to pregnancy or childbirth, alcoholism, drug addiction, and psychological disorders. When LWOP is requested in excess of the certified period of disability, it is handled as for Personal LWOP. Medical LWOP required to cover certified periods of disability may be granted to employees suffering from either job-related or non-job related disabilities for up to ninety (90) calendar days. The ninety (90) calendar days are to run concurrently with any applicable FMLA leave. Medical leaves in excess of ninety (90) calendar days are covered under Special LWOP considerations. D. Special LWOP Considerations: Personal LWOP in excess of ninety (90) calendar days and medical LWOP in excess of ninety (90) calendar days shall be granted only upon the recommendation of the Manager and the Director of Human Resources. E. Probationary Employees LWOP: Leaves without pay for probationary employees may be granted at the discretion of the Manager or his designee under emergency circumstances. However, if the authorized leave is in excess of two weeks, the probationary period shall be extended by a time period equal to the authorized leave. F. Seniority Status While on LWOP: An employee's seniority ranking will remain unchanged while on LWOP. However, an employee's rate of vacation accrual will not change. ARTICLE 19: Other Benefits The Port agrees to contribute to the following benefits: Page 21 of 22 A. Unemployment Compensation Benefits under the Washington State Employment Security Act. B. Social Security insurance and Medicare (FICA) as required by the Federal Insurance Contribution Act. C. Washington State Workers' Compensation. D. Educational assistance for employees shall be subject to the approval of the Manager. Employees are eligible to apply for College Degree Completion support under the terms of HR-12. The Parties understand and agree that HR-12 is subject to revision by the Port. The Port will provide other job-related training and education in accordance with Article 23. E. Employees shall be eligible for participation in the Port of Seattle's Deferred Compensation Plan. Eligibility and participation of employees shall be subject to the terms and conditions of such plan including any plan amendments, revisions or other 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 or to any other provision of this Labor Agreement or to negotiation by the Union. F. 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 9) or to any other Provision of this Labor Agreement or to negotiation by the Union. G. Employees shall be eligible for transportation and parking benefits as established by the Port Policy HR-14. H. Permanent Reduction in Work Force. In the event that any of the positions currently held by any member of the bargaining unit or any of the work currently done by bargaining unit members is altered or eliminated by technological changes (subject to Article 2) or changes in security requirements so as to cause a reduction in overall work for the bargaining unit, excluding Construction Support Specialist, the following will apply: Section 1. The Port shall provide detailed information to the Union as to the nature of these changes and shall make its best effort in estimating the number of full time equivalent positions that will permanently be reduced. The Port shall consider in good faith all proposals by the Union to mitigate the impact of the anticipated reduction in work force, including but not limited to alternative configurations and/or more efficient utilization of existing bargaining unit employees, training for employees to perform existing jobs changed or modified by the Port's decision to introduce technological, or other operational changes, and the replacement of affected employees in other positions within the Port. Section 2. If the Port notifies the Union that it anticipates a permanent reduction in workforce for bargaining unit members, it shall soon thereafter notify all bargaining unit employees in the affected Page 22 of 23 classifications. By classification, bargaining unit employees shall have the right to volunteer to surrender their seniority rights in lieu of less senior employees in the classification being laid off, and accept the severance benefit provided for under this Article. If it is determined that permanent reduction will occur, this notice will state the date by which an employee must notify the Port in writing that the employee will exercise the employee's right to volunteer for severance. This deadline will be a minimum of seven (7) calendar days following the notification. If more volunteers request severance than there is permanent reduction, the most senior employees will have preference in exercising this option. If there are more permanent reductions than volunteers requesting severance, the least senior employees will be laid off first. Employees notified that they are subject to a lay-off must select in writing, on a form provided by the Port, one of the following options. Failure by the affected employee to inform the Port of his/her selection within one hundred eighty (180) days after the written notice from the Port to the employee that the employee is being laid-off as a result of an anticipated permanent reduction shall result in the employee being provided option A. Option A. Seniority shall be broken by lay-off of eighteen (18) calendar months, or the expiration of this agreement, whichever is greater. Any recall to Port employment from lay-off shall serve to reactivate seniority rights and seniority shall be retained for an additional eighteen (18) calendar months, or the expiration of this agreement, whichever is greater. Option B. Surrender all seniority rights, including the right to recall. Receive severance pay in the amount of one week of regular pay for each year in service. Employees with less than one (1) year of seniority shall receive one (1) week of pay as their severance. After a one (1) month grace period, the employee will have the option to self-pay for coverage under one of the Port medical plans for the second through the eighteenth (18) month after severance from employment from the Port, as provided by COBRA legislation. If other benefits are provided by law subsequent to the execution of this agreement, the Port will comply with such laws. Section 3. Assistance will be provided in seeking other suitable employment for up to one year after being subject to permanent reduction in work force. This outplacement may be provided by either the Port's Human Resources staff or by retained consultants, at the Port's discretion. Section 4. The Port's policy providing preference for Port employees on lay-off status for subsequent openings, as stated in HR-10, or as modified or amended from time to time by the Port, shall be applied to employees covered under this agreement in the manner as to other Port employees. ARTICLE 20: Health and Welfare Programs Employees shall be covered by the Medical, Dental, Life Insurance and long-term Disability Insurance benefits described in paragraphs A, B, C, and D below. The Port retains the right to modify and/or change insurance benefits and/or carriers at any time during the term of the agreement. Coverage under this Article shall not be a bargainable issue. However, the Port agrees to meet and discuss any changes in Port coverage with the Union. Employees may be required to pay a portion of some insurance premiums if required of other Port employees. Employee costs shall be by payroll deduction or by electronic payment of check if payroll deduction is not available. Employees are responsible for notifying the Port through approved enrollment Page 23 of 24 processes of their eligible dependents. Any extra costs associated with a lack of notification shall be the employee's responsibility. Employees shall be eligible to maintain continuity of coverage as provided for under the Consolidated Omnibus Reconciliation Budget Act (COBRA). A. Medical Insurance: Regular full-time, part time, and limited duration employees who are scheduled to work at least 21 hours per week shall be eligible for medical insurance coverage for themselves and their eligible dependents. For eligible employees, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month. The eligibility and other conditions of coverage are established between the Port and the insurance companies or agencies selected to provide such benefits. Coverage for dependents shall be provided by the same medical insurance plan, that the employee has chosen. B. Dental Insurance: Regular full-time, part time, and limited duration employees who are scheduled to work at least 21 hours per week shall be eligible for dental insurance coverage for themselves and their eligible dependents. For eligible employees, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month. The eligibility and other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. Coverage for dependents shall be provided by the same medical insurance plan that the employee has chosen. C. Vision Insurance: Regular full-time, part time, and limited duration employees who are scheduled to work at least 21 hours per week shall be eligible for dental insurance coverage for themselves and their eligible dependents. For eligible employees, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month. The eligibility and other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. Coverage for dependents shall be provided by the same medical insurance plan that the employee has chosen. D. Life Insurance: For regular full-time and part time, and limited duration employees who are scheduled to work at least 21 hours per week, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month. Eligible employees shall receive life insurance benefits in the amount of two (2) times their annual base rate and their eligible dependents shall receive life insurance benefits in such amounts and in such manner as are provided in contracts with insurance companies or agencies selected by the Port to provide such benefits. Such employees shall also be covered by the Accidental Death and Dismemberment policy provided by the Port, which provides a benefit in the amount of two (2) times their annual base rate. E. Long-term Disability: Page 24 of 25 For regular full-time and part time, and limited duration employees who are scheduled to work at least 21 hours per week, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month.Other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. F. Light Duty: For regular full-time and part time, and limited duration employees who are scheduled to work at least 21 hours per week, coverage begins the first day of the month following the date of hire, or immediately if hired the first day of the month shall receive light duty work as they are released to perform such duty through a care-provider and in accordance with the policies and procedures that govern the Port's self-insured Worker's Comp program. ARTICLE 21: Pensions The Port shall continue coverage for employees covered by this agreement under the Washington State Public Employees Retirement System. ARTICLE 22: Safety The Port will take all steps necessary to maintain a safe work place and safe work environment. No employee is expected to risk injury or illness during the course of employment. Employees should take reasonable steps, such as notifying management of any unsafe conditions that occur during the course of their work. ARTICLE 23: Equipment Section 1. The Port shall provide the employees with uniforms (when required) and equipment that the employee is expected to utilize in the job and in accordance with the requirements as established by the Director. The Port shall provide cleaning service for all authorized uniforms. Employees will be allowed to purchase uniform pants at their own expense if such pants are on an approved list of alternatives (such as 5.11 pants). Section 2. All employees covered by this collective bargaining agreement are subject to the same requirements, processes, fees, and fines as non-represented employees. Section 3. The Port shall provide an annual allowance equal to 100% of the price of required footwear, up to$150.00, to employees. The foot wear must be made of leather or other equally firm material. The soles and heels of appropriate footwear must be of a material that will not create a slipping hazard. Athletic shoes with canvas tops, sandals, clogs, slippers, open toed or open heeled shoes, high heels, and dress shoes are examples of footwear that is not to be worn. Additionally, footwear that has deteriorated to a point where it does not provide the required protection shall not be worn. New employees must report to work with the required footwear within three weeks of their hire date. Employees reporting to work without the required footwear in proper condition may be sent home without pay and/or be subject to discipline. Page 25 of 26 ARTICLE 24: Job Related Training and Development It is recognized that the positions covered by the contract are important evolving positions that involves an ever-increasing range of responsibilities. The Port will provide training for all employees and will maintain a careful record of the training accorded employees. The training opportunities will be made available to all employees without discrimination or distinction. In addition, employees may be involved in all post-incident critiques or hearings relating to or affecting matters within the scope of their responsibilities. All pre-approved training, meetings and/or critiques will be considered work time and will be compensated as such. Employees will be reimbursed for any travel or meals incurred as a result of management directed training approved by the Manager or designee under this article and consistent with Port policy. The Union and the Port will continue to support employee participation in the Port's internship programs. The Port's internship program is not a bargainable issue and is subject to change at any time. Employees who are successful applicants to internship programs will remain members of the bargaining unit covered by the terms of the Collective Bargaining Agreement. Temporary schedule adjustments and/or alternate work schedules to accommodate internship activities will be allowed as agreed by the intern and the sponsoring departments. ARTICLE 25: Shop Stewards The Union has the right to appoint shop stewards. Those shop stewards shall have the right to engage in necessary contract-related matters including advising employees and assisting those facing discipline without loss of pay irrespective of when those events occur. Claims of alleged abuse of this right are matters for the grievance and arbitration procedure set forth in this Agreement. ARTICLE 26: Discipline and Personnel Records Section 1. Just Cause. The Port shall not discipline or discharge any employee except for just cause or as provided in Article 10,Section 9 (probationary period). All discipline after the probationary period shall be subject to review in Article 9, Grievance Procedure. Section 2. Progressive Discipline. The following progressive discipline procedure shall be followed. A. Verbal Notification. An employee shall be notified at least once by his or her manager or designee of undesirable performance or conduct, or an undesirable trend in performance or conduct and the need for correction. A written record of said verbal notification shall be placed in the employee's personnel file. At the employee's option, the employee may submit written comment regarding the basis for the verbal notification within fifteen (15) working days. B. Written Notification. If the employee's performance or conduct does not improve following verbal notification, a written notice will be issued to the employee by his or her direct supervisor. At the employee's option, the employee may submit written comment regarding the basis for the written warning within fifteen (15) working days. C. Suspension or Discharge. Suspension, demotion, corrective probation or discharge may only be issued for just cause and so long as the employee has received both verbal and written notification. Page 26 of 27 No prior notification shall be necessary if the cause for discipline is gross insubordination or serious misconduct. Section 3. Personnel Files. Every employee shall have the right to look at his/her personnel file and copy or have copied at the employee's expense, any material that is in the file. Every employee shall have the right to submit written material for addition to their file and that material shall be kept in the file so long as the material it rebuts is in the file. No warning notice or other documentation or evaluation regarding the employee shall be considered valid unless it was first given to the employee and the Union and the employee was given a chance to prepare a rebuttal statement. No personnel file material other than routine payroll information may be used in any grievance proceeding or disciplinary proceeding involving the employee unless that material was shown to the employee at the time it was created and before it was placed in the file. Written warnings and other evidence of discipline shall not be valid for more than twelve (12) months unless a similar or related offense is committed within that period. In the case of a similar or related offense, the twelve (12) month period begins anew. Nothing precludes the Port from using discipline documentation older than 12 months to establish notice. ARTICLE 27: Good Faith Guarantee The Port and the Union agree to deal with each other in good faith and observe their commitments without resorting to gimmicks or subterfuge. ARTICLE 28: Performance of Duty. Strikes and Lockouts Section 1. 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 crusade any strike, slowdown, mass sick call, or any other form of work stoppage or interference with the normal operation of the Port. Section 2. The Port agrees that there shall be no lockouts. Section 3. The conditions stated in Sections 1 and 2 of this Article shall remain in effect with or without a signed labor agreement. ARTICLE 29: Emergency Conditions Employees may be required to report to work under emergency conditions such as snow or other natural emergencies or security emergencies. In such case, regular shift regulations may be suspended as necessary to deal with the emergency. (The suspension of the regular schedule does not alter the overtime rules except such rules as might apply to short notice of shift changes.) If required by management to stay overnight or between shifts, the employees will be provided reasonable accommodations and sufficient and reasonable subsistence. ARTICLE 30: Personnel The Port shall maintain sufficient qualified personnel to comply with the requirements of its airport certification manual or airport certification specifications and the applicable rules of this part. Page 27 of 28 ARTICLE 31: Compensation for Travel Time Section 1. The Port agrees to reimburse employees required to travel outside of King County for reasonable out-of-pocket expenses that may be incurred for transportation, meals, and lodging. Expenses covered shall be limited to those incurred only in connection with the assignment and shall cover employee expenses only. Proof of expenditures shall be required for reimbursement. Claims for expenses shall be submitted to the Administrative Section no later than three (3) business days prior to the due date on the Travel Authorization and Fund Advance, except in emergencies. While a specific dollar amount for meals is not specified, the charges must be reasonable. Reasonable expenses shall be consistent among department personnel. Absence of a meal(s) does not substantiate an excessive amount for another meal. As a guideline, the approximate amounts charged in the Anthony's Restaurant at Sea-Tac International Airport represent the upper limit of reasonable. Section 2. An employee's normal pay and work schedule shall apply as provided for in this Agreement in connection with travel assignments outside of King County. Section 3. When travel by an employee's private vehicle is required and authorized by management, such travel shall be reimbursed in accordance with the mileage reimbursement schedule in AC-2. The Port may change or modify the mileage reimbursement schedule. ARTICLE 32: 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 shall 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. ARTICLE 33: Entire Agreement Section 1. 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. Section 2. Under the Port's commitment in Article 26 - Good Faith Guarantee, the Port agrees to notify the Union in advance and meet and discuss any major or significant changes in the operation and/or working conditions before those changes become effective unless they are necessitated by any emergency situation. In that event the notification, meeting, and/or discussions will take place as soon as possible thereafter. ARTICLE 34: Labor Management Committee At the request of either the Port or the Union, the other party agrees to meet on an informal basis outside the grievance procedure to discuss issues of concern to either party, including but not limited to: new projects, new equipment, safety, training, and questions of interpretation and administration of this Agreement. The Parties agree to keep accurate minutes of every committee meeting. Any Page 28 of 29 understandings or agreements reached as a result of such meetings shall be reduced to writing and signed on behalf of the Port and the Union or such understanding shall be null and void. The Port will provide a detailed report with the number of hours worked by members of the bargaining unit upon request. ARTICLE 35: Drug Testing Employees may be required by the National Transportation Safety Board (NTSB), the FAA, or the Port to submit to toxicological testing necessary as a result of an incident or accident under investigation by the parties specified in this Article. The Parties agree to the need to maintain a drug free work place. Employees shall also be subject to reasonable suspicion drug testing. An employee may only be subject to reasonable suspicion drug testing based upon the recommendation of two observers, one of which must be a trained observer and one shall not be the employee's direct supervisor. The Port shall notify the Union by telephone regarding its suspicion of employee impairment as soon as possible, and if the Union Business Representative, or his designee declines to attend, or is not at the testing site within 90 minutes from notification, the Port shall be free to conduct the test without a Union official present. The 90 minutes may be extended by mutual agreement of the parties. ARTICLE 36: Term of Agreement Effective date of this contract is will be the first full pay period at least 14 days after ratification by the parties. . This agreement signed ________________________shall remain in effect until December 31, 2023, and shall be deemed renewed thereafter from year to year unless either party gives written notice to the other of a desire to modify or terminate the same, said notice to be given at least sixty (60) days prior to the expiration date. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this ___________day of_______. FOR THE UNION: FOR THE PORT OF SEATTLE: _________________________________ __________________________________ Michael Pavelic, Business Agent Stephen P. Metruck, Executive Director ILWU, Local 9 Port of Seattle Page 29 of 30 APPENDIX A: WAGE RATES Classifications Security Access Specialist Part-time Security Access Specialist AVSEC Trainer Effective upon implementation of this agreement, all employees covered by this Agreement (except for Full Employee Screeners and Construction Support Specialists transitioning to Security Access Specialist) shall be subject to the following Tiered Wage Rates: Effective on the first day of the first pay period in payroll year 2020, current wage rates in the above categories will be increased by three percent (3%) Tier SAC CSS FES 1 $25.31 $22.34 $22.36 2 $26.80 $23.66 3 $28.29 $24.97 4 $29.78 $26.29 No wage change in payroll year 2021. Effective January 2, 2022, the wage steps will also be adjusted as follows: Step 1: 0-12 months = 80% Step 2: 13-24 months = 90% Step 3: 25+ months = 100% New Steps Rate 1 $25.19 2 $28.34 3 $31.49 The AVSEC Trainer position will be compensated at a rate of 10% above the top SAS Step. Effective on the first day of the first pay period in payroll year 2022, wage rates in the above categories will be increased by 100% of the June 2020 through June 2021 Seattle/Tacoma/Bremerton CPI-U plus 0.25%. This increase will not be less than zero percent (0%) nor greater than six percent (6%). Effective on the first day of the first pay period in payroll year 2023, wage rates in the above categories will be increased by 100% of the October 2021 through October 2022 Seattle/Tacoma/Bremerton CPIU. This increase will not be less than zero percent (0%) nor greater than six percent (6%). Page 30 of 31 Page 31 of 32 APPENDIX B: JOB DESCRIPTIONS The job descriptions for each bargaining unit position are appended to the agreement for reference purposes. The Port and the Union agree that the job duties listed do not encompass every job duty that employees are expected to perform. Further, being listed below does not indicate whether or not each job duty is exclusive to the bargaining unit or exclusive to a singular bargaining unit position. It is also understood that the Port has the discretion to assign employees any portion of the duties listed within their particular job classification. Compensation and conditions of assignment to employees of duties normally performed by another bargaining unit position shall be governed by Article 11, Section 5. SECURITY ACCESS SPECIALIST Position Summary This position performs duties related to the control, monitoring and granting of access into the Air Operations Area and other restricted/controlled areas of the Airport. Conducts security inspections of gates, fence lines, baggage make up area and security devices. Performs preventive maintenance and functional tests of Access Control, inspection and screening system and equipment to ensure proper operation. Monitors construction activities and notifies the Construction Coordination Supervisors or Duty Airport Manager of any violations of airport rules and regulations, Federal Aviation Regulations or other activities that may be considered unsafe. Responsible for challenging any person(s) not displaying proper ID media. Monitors, ensures compliance and enforces applicable Port of Seattle rules, the Airport Security Plan and associated directives, and applicable CFRs. Inspect, screen and/or search individuals that work at the airport (these individuals may be Port employees, airline employees, other tenant employees, or anyone requiring escorted access to restricted areas) to ensure compliance with Port of Seattle and Transportation Security Administration ("TSA") rules and regulations. Operate basic security equipment, including but not limited to x-ray machines, walk-through metal detectors ("WTMD"), handheld metal detectors ("HHMD"), and explosive detection equipment (ETD) at screening checkpoints, and conduct visual searches and pat-down searches of an employee and accessible property as required.. Accountabilities Using closed circuit television and communication systems, maintains surveillance of access points to monitor and control access of people and vehicles onto restricted areas. May be requested to operate an un-staffed access point to allow authorized ingress/egress from the Air Operations Area. Provide assistance and instruction to persons requesting access, or those not familiar with access control procedures, such as contacting parties that do not have the required authorization in order to minimize delays or interruptions in normal business. Monitors alarms associated with the ID/Access Control System: Page 32 of 33 Is the primary responder to Access Control Alarms in the terminal and on the airfield. Dispatches Security Access Specialists and/or Port of Seattle Police, according to airport security procedures. May do initial troubleshooting of an alarm to avoid the need for a physical response. Controls access into the Air Operations Area: Staffs perimeter and interior access control gates and staffs other normally un-staffed gates as directed to control access onto the AOA. Verifies required credentials of those requesting access. Denies access to those without proper identification. Issues visitor's badges, Vehicle Under Escort signs and coordinates escort for personnel and ground vehicles requesting access on official business. Informs escorts regarding proper escort procedures, as defined in airport rules and regulations and ensures procedures are maintained while operating in restricted areas. May provide escort as required, including escort of outside care agencies responding to medical emergencies, as assigned at management discretion. Conducts routine and special security inspections of: Baggage make-up area, airport perimeter fencing, clear-zone fencing and other airport restricted areas. Access Control System card readers and associated equipment. Doors and gates secured with Access Control System devices. Advises appropriate maintenance personnel of all ill Access System malfunctions and operational problems. Performs routine tests and preventive maintenance on Access Control System card readers and ensures all equipment is functional and valid information is received at alarm workstations. Performs these tests utilizing procedures outlined in the RCOM. Documents and reports all discrepancies, notifies appropriate Airfield Supervisor and maintenance of discrepancies that require immediate response and/or resolution. Performs follow-up inspections on equipment reported as repaired. Conducts random and programmed ID challenging while performing routine security inspections in the Security Identification Display Area (SIDA). Responsible for challenging any person(s) not displaying proper ID media and resolving their status on the AOA. Issues citations in accordance with applicable Port of Seattle Rules and Regulations, the CASP and CFR 1542 and other applicable directives for Security violations within the SIDA. In addition, issues citations for individuals smoking in non-designated areas. Responds to all non-ramp alarms associated with the Access control system. When required responds to ramp alarms during emergencies and unforeseen events of short duration. Complies with procedures outlined in RCOM when responding to alarms. Must be familiar with all areas of assigned duties and be able to identify anything out of the ordinary and report it for immediate resolution. Page 33 of 34 Maintains a variety of written and electronic documentation of daily activities. Documents security violations when observed for follow-up by Airport Security Coordinator. Implements security measures required for the designated threat level, as specified in the Airport Contingency Plan. Maintains a high level of vigilance in enforcing access restrictions and preventing unauthorized persons or vehicles from gaining access to the Air Operations Area. Reports suspicious or unusual occurrences to the Airfield Supervisor, their designee, i.e. Port of Seattle police. In the event of a declared aircraft emergency or incident, assumes special duties as designated in the Emergency Plan or as directed by Incident Command personnel. These include, but are not limited to: Responding to ramp alarms. Establishing a non-injured passenger care site. Assisting in establishing security points at a specific area or staffing a restricted area entry point not normally staffed. Responsible for reporting and or picking up FOD as necessary. Contacts Performs duties in a public area, working with, providing directions and information to, and assisting other Port of Seattle employees, airline and tenant employees, contractors, vendors, consultants. Ensures a high level of customer service to the general public in traffic and routing directions, and going the extra mile to satisfy when it can be done without compromising security. Instructs personnel in proper use of Access Control System and may do routine trouble shooting to resolve problems and identify defects. Denies access to those without required identification, enforcing regulations while maintaining harmonious relations with customers and members of the public. Occasionally, may be required to make decisions regarding access into restricted or secured areas. May be required to take command of an assigned area in the event of a declared emergency, exercising higher levels of security procedures designated for the level of threat. Inspects for, and enforces safety regulations of the Port of Seattle, including but not limited to, advising vehicle occupants to use seat belts; preventing unsafe vehicle conditions at the gate of entry onto the AOA, and smoking on the ramp Position Requirements Knowledge Thorough knowledge of security clearance levels, security policies and procedures, restricted area entry procedures and the layout of the airport and applicable current FAA directives and alert bulletins. Location of all access points controlled by the airport's integrated Access Control System. Working knowledge of CASP procedures, POS rules and regulations and RCOM procedure manual. Skills Good written and verbal communication skills for presenting information, describing procedures and responding to questions. Reading comprehension for rules, regulations and operations manuals documentation. Basic writing and computer literacy for logs and other documentation. Page 34 of 35 Good customer relation skills applied to access control/enforcement situations. Abilities Able to learn and apply security procedures and to operate equipment related to assigned duties, including radios and telephones Able to pass all required security and background checks. Must be able to interact with Port customers, tenants and partners, Port leaders and the general public in a positive and professional manner. Ability to pass initial, new hire drug and alcohol testing required. This knowledge would normally be acquired through completion of high school or equivalent (GED) and up to two years of experience in a security capacity where access is restricted. Job Conditions Works in open areas and varying weather conditions; exposed to the noise and emissions and hazards normally associated with an airport environment and working in proximity to public roadways. Working at remote locations with frequent public contact and potential for confrontational situations. Performs duties in a restricted area, normally seated at a console with subdued lighting. Shifts cover the 24-hour, 7-day operations. Performs some duties in a vehicle requiring a valid, unencumbered Washington State driver's license. Trainer, Aviation Security Position Summary This position performs duties related to the instruction of Security Access Specialists. Accountabilities Demonstrated proficiencies in performance of the job functions of Security Access Specialists. Contacts Port of Seattle Employees, airline, tenant and vendor employees, contractors and consultants. Position Requirements Proficiency in the functions of Security Access Specialists, good presentation skills, qualifications and the ability to fulfill the role of Security Access Specialist as needed. This position will be competitively filled, via an application and interview process, from within the bargaining unit. Page 35 of 36 Knowledge 1. Working knowledge of FAR 139, as well as TSR 1540, 1542, the Airport Security Plan, the Airport Emergency Plan, and current TSA Security Directives. 2. General knowledge of facilities management. Working knowledge of Microsoft Office applications, and SharePoint. Thorough knowledge of security clearance levels, security policies and procedures, restricted area entry procedures and the layout of the airport and applicable current FAA directives and alert bulletins. Location of all access points controlled by the airport's integrated Access Control System. Working knowledge of CASP procedures, POS rules and regulations and RCOM procedure manual. Skills Good written and verbal communication skills for presenting information, describing procedures and responding to questions. Reading comprehension for rules, regulations and operations manuals documentation. Basic writing and computer literacy for logs and other documentation. 1. Good customer relation skills applied to access control/enforcement situations. 2. Ability to achieve and maintain proficiency in inspection, search and screening procedures and associated equipment and technologies.. 3. Good organization and coordination skills, with the ability to prioritize daily job duties. 4. Ability to maintain a high degree of confidentiality. 5. Ability to adapt and function as needed to a 24/7 environment. 6. Ability to deal with disruptive and chaotic situations that may occur suddenly. Abilities Able to learn and apply security procedures and to operate equipment related to assigned duties, including radios and telephones Able to pass all required security and background checks. Must be able to interact with Port customers, tenants and partners, Port leaders and the general public in a positive and professional manner. Ability to pass initial drug and alcohol testing required for Port of Seattle Employee Screening Certification. This knowledge would normally be acquired through completion of high school or equivalent (GED) and up to two years of experience in a security capacity where access is restricted. Job Conditions Works in open areas and varying weather conditions; exposed to the noise and emissions and hazards normally associated with an airport environment and working in proximity to public roadways. Working at remote locations with frequent public contact and potential for confrontational situations. Performs duties in a restricted area, normally seated at a console with subdued lighting. Shifts may cover the 24- hour, 7-day operations. Performs some duties in a vehicle requiring a valid, unencumbered Washington State driver's license. Page 36 of 37 APPENDIX C Port of Seattle SUBMISSION OF GRIEVANCE Grieving Party_________________________________________________________ Supervisor____________________________________________________________ Date of Filing with Port*__________________________________________________ Port Representative Receiving Filing ____________________________________ Date of Filing with Union*_________________________________________________ Union Representative Receiving Filing ______________________________________ *This grievance shall not be considered filed until a copy has been delivered by the grieving party to both the Union and to the Port. Date of Occurrence _____________________________________________________ Type of Occurrence_____________________________________________________ Location/ Work Unit_____________________________________________________ Contract Article(s) Affected _______________________________________________ _____________________________________________________________________ Remedy Sought ________________________________________________________ _____________________________________________________________________ Grievance Report: (Attach additional sheet if necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Other Parties cc'd _______________________________________________________ _______________________________________________________________________ Page 37 of 38 Page 38 of 39 MEMORANDUM OF AGREEMENT BY AND BETWEEN PORT OF SEATTLE AND INTERNATIONAL LONGSHORE AND WAREHOUSE WORKERS UNION, LOCAL 9 (Representing the Aviation Security Bargaining Unit) RE: Transition to Security Access Specialist 1. The Port is creating three new positions in this bargaining unit, Security Access Specialist and Part Time Security Access Specialist. The Security Access Specialist positions combine duties from the existing Full Employee Screener, Construction Support Specialist, and Senior Access Controller positions. 2. All Full Employee Screeners, Construction Support Specialists, and Senior Access Controllers will become Security Access Specialist or Part-time Security Access Specialist as of the effective date of this agreement. The Full Employee Screeners (including Leads), Construction Support Specialists (including Leads), and Senior Access Controllers (including Leads) positions will cease to exist as of the effective date of this agreement. 3. Upon the effective date of this Agreement, all existing CSS will become Part-Time Security Access Specialist. Per Article 14.1.1, Part-Time Security Access Specialist will be given a minimum of twenty-one (21) hours of work each workweek. 4. Existing Full Employee Screeners, Construction Support Specialists, and Senior Access Controllers will not be expected to perform and may not bid for shifts requiring the complete duties of the new Security Access Specialist position until after they are trained in those duties. 5. The seniority order for the Security Access Specialist position shall be as follows: a. Senior Access Controllers, in order; then b. Construction Support Specialists and Full Employee Screeners, dovetailed in order. 6. The Security Access Specialist wage scale will be identical to the current Senior Access Controller wage scale. New Steps TITLE Rate 1 SAS $25.25 2 SAS $28.41 3 SAS $31.56 7. Upon the transition, the former Senior Access Controllers will transition to the same step on the Security Access Specialist wage scale as they are now on the Senior Access Controller wage scale. In other words, they will not change wage rate through the transition. 8. Upon the transition, the former Full Employee Screeners will retain their hourly wage after agreed upon across-the-board wage increases. Effective the first pay period after July 1, 2022, the former Full Employee Screeners will be placed at SAS Step 1 with a base rate of $23.13 per hour. At that point, they will be eligible to advance by one Step to Step 2 of the Security Access Specialist scale 18 months after the transition. At that point, Page 39 of 40 they will be eligible to advance by one Step on the Security Access Specialist scale for each 12 months of work as a Security Access Specialist. 9. Upon the transition, the former Construction Support Specialists will retain their hourly wage after agreed upon across-the-board wage increases. Effective the first pay period after July 1, 2022, the former Construction Support Specialists will be placed on the first SAS step higher than their then-existing hourly wage. Once placed, they will be eligible to advance by one Step of the Security Access Specialist scale 18 months after the transition. At that point, they will be eligible to advance by one Step on the Security Access Specialist scale for each 12 months of work as a Security Access Specialist. 10. Upon the transition, Leads will continue to be paid 5% (five) premium as currently practiced. This Memorandum of Agreement is entered into on the ______ day of ________, 2021. FOR THE UNION: FOR THE PORT OF SEATTLE: _________________________________ __________________________________ Michael Pavelic, Business Agent Stephen P. Metruck, Executive Director ILWU, Local 9 Port of Seattle MEMORANDUM OF AGREEMENT BY AND BETWEEN PORT OF SEATTLE AND INTERNATIONAL LONGSHORE AND WAREHOUSE WORKERS UNION, LOCAL 9 (Representing the Aviation Security Bargaining Unit) RE: CSS Lead Transition to Security Access Specialist The CSS Lead as of the date of ratification will become an SAS Lead as of the effective date of this Agreement. This Memorandum of Agreement is entered into on the ______ day of ________, 2021. FOR THE UNION: FOR THE PORT OF SEATTLE: _________________________________ __________________________________ Michael Pavelic, Business Agent Stephen P. Metruck, Executive Director ILWU, Local 9 Port of Seattle MEMORANDUM OF AGREEMENT BY AND BETWEEN PORT OF SEATTLE AND INTERNATIONAL LONGSHORE AND WAREHOUSE WORKERS UNION, LOCAL 9 Page 40 of 41 (Representing the Aviation Security Bargaining Unit) RE: Minimum AVSEC Trainers The Port agrees to promote (or hire, if there are no qualified applicants from the bargaining unit) and maintain at least two full time Aviation Security Trainers (i.e., 2.0 FTE) for the duration of this Agreement. This MOU shall remain in effect through December 31, 2023. FOR THE UNION: FOR THE PORT OF SEATTLE: _________________________________ __________________________________ Michael Pavelic, Business Agent Stephen P. Metruck, Executive Director ILWU, Local 9 Port of Seattle MEMORANDUM OF AGREEMENT BY AND BETWEEN PORT OF SEATTLE AND INTERNATIONAL LONGSHORE AND WAREHOUSE WORKERS UNION, LOCAL 9 (Representing the Aviation Security and Aviation Operations Bargaining Unit) This Memorandum of Agreement (MOA) is entered into by and between the International Longshore and Warehouse Workers Union, Local 9 (Union) and the Port of Seattle (Port), referred to herein collectively as the Parties. The Parties have met and agree as follows concerning the return to work ofindividual serving as a Business Agent: 1. The Union shall notify the Port, in writing, who is chosen as the Union's Business Agent. 2. While serving as the Business Agent of the Union, an individual will be temporary will be temporarily separated from their position at the Port. 3. With two (2) weeks' advance notice to the Port, the Business Agent may elect to return to their former Port position without loss of previously-accrued seniority provided such return is within thirty (30) days of vacating their Union position. 4. In the event no openings exist in the previously held classification at the time of reinstatement, a layoff within the bargaining unit may result in order to maintain the staffing levels within authorized budget parameters. Page 41 of 42 5. This MOU shall remain in effect through the duration of the collective bargaining agreement, December 31, 2023. If a new collective bargaining agreement has not be ratified by December 21, 2022, this MOA will be extended by not more than one (1) year on December 31, 2022 while the parties negotiate a successor collective bargaining agreement. This Memorandum of Agreement is entered into on the ______ day of ________,2021. FOR THE UNION: FOR THE PORT OF SEATTLE: _________________________________ __________________________________ Michael Pavelic, Business Agent Stephen P. Metruck, Executive Director ILWU, Local 9 Port of Seattle Page 42 of 42
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