8h. Attachment
Teamsters 763 Police Commanders CBA
COMMISSION AGENDA – Action Item No. 8h_Attach1
Meeting Date: May 23, 2023
PORT OF SEATTLE - LOCAL 763 SETTLEMENT AGREEMENT
March 22, 2023
COLLECTIVE BARGAINING AGREEMENT
By and Between
The Port of Seattle
And
Teamsters Local Union No. 763
Affiliated With The
International Brotherhood of Teamsters
REPRESENTING POLICE COMMANDERS
Term of Agreement
January 1, 2022 - December 31, 2024
TABLE OF CONTENTS
PORT OF SEATTLE
POLICE COMMANDERS’ AGREEMENT
ARTICLE PAGE ARTICLE NO.
Appendices Incorporated Into Agreement --------------- 25 ------------------ 30
Benefits ------------------------------------------------------------ 14 ------------------ 20
Bereavement Leave ------------------------------------------- 6 ------------------ 13
Bulletin Board ---------------------------------------------------- 2 ------------------ 6
Business Representative Access -------------------------- 2 ------------------ 5
Compensation for Mileage, Expenses & Travel Time - 13 ----------------- 17
Conference Board ---------------------------------------------- 25 ------------------ 31
Discipline ---------------------------------------------------------- 5 ------------------ 10
Entire Agreement ----------------------------------------------- 23 ------------------ 28
Equal Employment Opportunity ----------------------------- 2 ------------------ 7
False Arrest and Professional Liability -------------------- 13 ------------------ 18
Grievance Procedure ------------------------------------------ 23 ------------------ 29
Holidays ----------------------------------------------------------- 12 ------------------ 16
Hours of Work and Overtime -------------------------------- 6 ------------------ 14
Jury Duty and Subpoenaed Witness ---------------------- 6 ------------------ 12
Leave Without Pay --------------------------------------------- 16 ------------------ 21
Long Term Disability ------------------------------------------- 20 ------------------ 24
Management Rights ------------------------------------------- 3 ------------------ 8
Payroll Deduction ----------------------------------------------- 2 ------------------ 4
Performance of Duty, Strikes, and Lockouts ------------ 22 ------------------ 26
Probation ---------------------------------------------------------- 4 ------------------ 9
Purpose of Agreement ----------------------------------------- 1 ------------------ 1
Reduction in Force --------------------------------------------- 5 ------------------ 11
Re-Employment Rights --------------------------------------- 17 ------------------ 22
Savings Clause ------------------------------------------------- 23 ------------------ 27
Sick Leave -------------------------------------------------------- 18 ------------------ 23
Teamsters Health and Welfare Programs --------------- 21 ------------------ 25
Term of Agreement -------------------------------------------- 26 ------------------ 32
Uniforms and Equipment ------------------------------------- 13 ------------------ 19
Union Recognition ---------------------------------------------- 1 ------------------ 2
Union Security --------------------------------------------------- 1 ------------------ 3
Vacation ----------------------------------------------------------- 9 ------------------ 15
Appendix A – Pay Rates --------------------------------- 27-29
Appendix B – Police Officers’ Bill of Rights --------- 30-32
Appendix C – Drug/Alcohol Testing ------------------- 33-37
PORT OF SEATTLE
POLICE COMMANDERS’ AGREEMENT
ARTICLE 1 - PURPOSE OF AGREEMENT (CCL)
This mutual Collective Bargaining Agreement (hereinafter referred to as the Agreement) has
been entered into by the International Brotherhood of Teamsters, Local No. 763 (hereinafter
referred to as the Union), and the Port of Seattle (hereinafter referred to as the Port), which
may hereinafter be referred to as Parties. The purpose of this Agreement is the promotion of
harmonious relations between the Port and the Union; the establishment of equitable and
peaceful procedures for the resolution of differences; and the establishment of rates of pay,
hours of work, benefits, and other terms and conditions of employment.
ARTICLE 2 - UNION RECOGNITION (CCL)
The Port recognizes the Union as the sole and exclusive bargaining agent for Port Police
Commanders (also referred to in this Agreement as Command Staff). This Agreement shall
take precedence over any Port civil service rule(s) applicable to the classification of Police
Commander.
ARTICLE 3 - UNION SECURITY (CCL)
3.01 The Port shall advise the Union of the names and addresses of Port employees
covered by this Agreement within five (5) days from the date of hire.
3.02 Indemnification and Hold Harmless. The Union agrees to indemnify and hold
harmless the Port for any action(s) taken by the Port pursuant to this Article. The Port will
promptly notify the Union in writing of any claim, demand, suit or other form of liability asserted
against it relating to its implementation of this Article and Article 4.
3.03 Application of Agreement. The Agreement shall apply to all employees covered
by this Agreement irrespective of membership or non-membership in the Union.
3.04 New Employee Orientation: The Employer shall notify the Union of all new fulltime
, part-time and seasonal employees hired into the bargaining unit. The Union will at a
mutually agreeable time with the employer be provided with up to thirty (30) minutes during
employees’ regular working hours for purposed of presenting information about the bargaining
unit and Union membership. This shall generally occur no later than ninety (90) calendar days
of employment. Employees have the option to attend or not attend the orientation.
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January 1, 2019 – December 31, 2021
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ARTICLE 4 - PAYROLL DEDUCTION (CCL)
4.01 Dues Deduction. The Port agrees to deduct from the paycheck of each Union
member covered by this agreement who has so authorized it by voluntarily signing a payroll
deduction authorization form submitted to the Port, the initiation fee, and regular monthly dues,
assessments. The Port shall transmit such fees to the Union once each month on behalf of
the employees involved. If a deduction error is identified, the error will be addressed as soon
as practicable following notice to the Port.
4.02 Teamsters Legal Defense Fund Participation. The Port agrees to deduct from
the paycheck of each member covered by this Agreement who has so authorized it by signed
notice submitted to the Port, the necessary fee, assessment, and regular monthly fee to provide
the Teamsters Legal Defense Fund. The Port shall transmit such fees made payable to
“Teamsters Legal Defense Fund” and sent to American Legal Services, Inc.
ARTICLE 5 - BUSINESS REPRESENTATIVE ACCESS (CCL)
The Port agrees to allow reasonable access to Port facilities for Business Representatives who
have been properly authorized by the Union. Such access shall be permitted in a manner as
not to interfere with the functions of the Port of Seattle Police Department (hereinafter referred
to as the Department) or the Port. This Article shall apply within the constraints of federal or
state regulations, statutes and the Airport Security Plan.
ARTICLE 6 - BULLETIN BOARD (CCL)
A bulletin board found to be acceptable and in compliance with the needs of limited use by the
Union shall be provided by the Port. This bulletin board shall be used, maintained, and
controlled by the Union. It is understood and agreed to that no material shall be posted which
is obscene, defamatory, or which would impair Port operations.
ARTICLE 7 - EQUAL EMPLOYMENT OPPORTUNITY (CCL)
The Port of Seattle is an equal opportunity employer. The Port embraces, and in fact relies on
having a diverse workforce. Every employee has the right to work in surroundings that are free
from all forms of unlawful discrimination. The Port and the Union will not engage in, or tolerate,
any discrimination in the workplace prohibited by local, state or federal law. Specifically, no
employee will be discriminated against on the basis of his or her age, race, color, national
origin/ancestry, religion, disability, Family Medical Leave Act (FMLA) use, pregnancy,
sex/gender, sexual orientation, whistleblower status, marital status, military status, use of
workers’ compensation, transgender status, political beliefs, or any other category protected
by applicable federal, state or local law (“Protected Status”).
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ARTICLE 8 - MANAGEMENT RIGHTS (CCL)
8.01 Management Rights. 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 any and all exclusive rights concerning the management and operation of
the Department, except as specifically limited in this Agreement. In exercise of such exclusive
management rights, it is not intended that any other provision of this Agreement providing a
specific benefit or perquisite to the covered employees shall be changed, modified, or otherwise
affected, without concurrence of the Union.
8.02 Specific and Exclusive Management Rights. Subject to the provisions of this
Agreement, the Port reserves the following specific and exclusive management rights:
(a) To recruit, assign, transfer, or promote members to positions within the Department,
including the assignment of employees to specific jobs;
(b) To suspend, demote, discharge, or take other disciplinary action against members
for just cause;
(c) To determine the keeping of records;
(d) To establish employment qualifications for new employee applicants, to determine
the job content and/or job duties of employees, and to execute the combination or
consolidation of jobs;
(e) To determine the mission, methods, processes, means, policies, and personnel
necessary for providing service and Department operations, including, but not
limited to: determining the increase, diminution, or change of operations, in whole
or in part, including the introduction of any and all new, improved, automated
methods of equipment; and making facility changes;
(f) To control the Departmental budget, and if deemed appropriate by the Port, to
implement a reduction in force;
(g) To schedule training, work, and overtime as required in a manner most
advantageous to the Department and consistent with requirements of municipal
employment and public safety, subject to the provisions of this Agreement;
(h) To establish reasonable work rules, and to modify training;
(i) To approve all employees’ vacation and other leaves;
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(j) To take whatever actions are necessary in emergencies in order to assure the
proper functioning of the Department; and
(k) To manage and operate its Departments, except as may be limited by provisions
of this Agreement.
8.03 Incidental Duties Not Always Described. It is understood by the Parties that every
incidental duty connected with operations enumerated in job descriptions is not always
specifically described.
8.04 Demotions. In reference to Section 8.02(b) above, “just cause” for demotions
shall not be limited to normal disciplinary issues and shall include:
(a) Demonstrated inability to perform management role effectively in Command staff
assignment.
(b) Restructuring and/or reorganizing the Command Staff in the interest of efficiency.
ARTICLE 9 – PROBATION (CCL)
9.01 The probationary period for any employee appointed to a Command Staff
classification shall be for the nine (9) calendar months following such appointment. The
probationary period may be extended at the discretion of the Port’s Chief of Police (hereinafter
referred to as the Chief) if the probationary employee has been absent due to bona fide illness
or other legitimate reason. If an employee fails, in the judgment of management, to
satisfactorily fulfill the responsibilities of the command staff position, the following action shall
take place:
(a) An employee who had been promoted from a lower level police classification to
their current rank shall be demoted to the former classification held within the
Department.
(b) At the Chief’s discretion, an employee who has been appointed from a Port
position outside the Port Police Department may be returned to his/her former
position, placed in another Port position, or discharged, depending on the
circumstances.
(c) An employee who has been employed from outside the Port shall be discharged.
9.02 In reference to items (b) and (c) above, when candidates from outside of the Port
Police Department are being reviewed along with others from within the Port Police
Department, the combined written test and oral board scores shall be used to determine which
candidates are eligible for final selection consideration. Candidates whose combined scores
are in the top five (5) of the group tested and interviewed shall be evaluated for relative
suitability by the Chief, and the Chief shall make the final selection from that group. If a situation
develops where a Port Police Department employee and an individual from outside of the Port
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Police Department have qualifications of equal merit, preference shall be given to the Port
Police Department employee.
ARTICLE 10 – DISCIPLINE (CCL)
10.01 Grievance Procedure – Applicability. The Parties agree that discipline is a
command function. Decisions on disciplinary matters where discipline imposed involves
discharge, suspension, demotion or written reprimands shall be subject to the grievance
procedure, however written reprimands may not be pursued to arbitration.
10.02 Grievance Procedure – Timing. If an employee claims to have been unjustly
discharged, suspended, demoted, or reprimanded, to be timely the case may, within twenty
(20) calendar days after the date of such discharge, suspension, demotion or reprimand be
referred in writing to the grievance procedure as outlined herein (Article 29).
ARTICLE 11 - REDUCTION IN FORCE (CCL)
11.01 Selection Criteria for Reduction in Rank. In the event a reduction in force is
required by Port management, those individuals shall be retained as Commanders who, in the
Port management’s opinion, are most qualified to carry on the future work of the organization.
In lieu of layoff under this Agreement, Commanders, if they have ever held a position of lesser
rank in the Port of Seattle Police Department, shall be reduced in rank when a reduction in
force is implemented. A Commander reduced in rank under the provisions of this Article shall
return to his/her seniority position, previously held, as defined under the provisions of either the
Port Police Sergeants’ or Port Police Officers’ Agreements. However, if no previous seniority
position was held in a bargaining unit of lesser rank, the employee shall be subject to layoff.
Selection for reduction in rank or layoff shall primarily be made on the basis of performance
and skill; however, length of service shall also be a factor in determining retention of position
when performance and skill of two (2) or more individuals are evaluated as equal by
management. In addition, the impact of a reduction in force on affected classes shall be
considered in view of the Port’s Affirmative Action Plan.
11.02 Restoration of Rank. Employees who are reduced in rank shall receive first
consideration for Commander vacancies which may occur within eighteen (18) months of the
date of reduction in rank. Employees who are laid off shall receive first consideration for
Commander vacancies which may occur within twelve (12) months of the date of layoff.
Selection criteria for order of restoration of rank or recall shall be the same as provided in 11.01.
11.03 Notice. I n the event of an imminent reduction in force, written notice shall be
provided to each employee scheduled for reduction in rank or layoff at least sixty (60) days
prior to such action.
11.04 Limitation on Reduction in Force Application. The provisions of this Article shall
be applied in good faith to bona fide situations where a reduction in force is required. This
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Article shall not be applied to provide an easy solution for dealing with employees who are
unsatisfactory performers. Matters concerning unsatisfactory performance shall be subject to
the conditions set forth in other provisions of this Agreement, including Articles 8, 9, and 10,
and Appendices B and C.
ARTICLE 12 - JURY DUTY AND SUBPEONAED WITNESS (TA)
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.
Port compensation for service as a subpoenaed witness (not Port related) or on jury duty only
applies to absence from regularly scheduled work hours. Commanders who are released prior
to the end of his/her scheduled hours of work for the day shall call in to work and report if
required.
ARTICLE 13 - BEREAVEMENT LEAVE (CCL)
13.01 Eligibility; Hours. Employees who have been employed for thirty (30) or more
days of uninterrupted service, and who have suffered the loss by death of a member of their
immediate family, as defined in this Article, shall be eligible to receive up to forty (40) hours of
leave per bereavement, at the discretion of the employee’s supervisors, and under the
supervision of the Chief of Police. Such leave shall not result in compensation for more than
the number of hours in any normal work week.
13.02 Immediate Family Defined. Immediate family shall be defined as the spouse or
domestic partner of the employee, and the following relatives of either the employee, spouse,
or domestic partner: child, step-child, child’s spouse, grandchild, parent, step-parent,
grandparent, sibling, and sibling’s spouse. In special circumstances, the Chief and/or Human
Resources may include other relatives in the definition for purposes of bereavement leave.
13.03 Considerations. Individual circumstances, such as the distance to the funeral
and the extent of employee involvement with the arrangements for the deceased, shall be
considered in determining the number of hours to be granted an employee.
13.04 Use of Sick Leave. Following use of bereavement leave, in case of death of an
employee's spouse, domestic partner (as defined under the Port's Salary and Benefit
Resolution) or child, an employee may take up to two (2) weeks of sick leave.
ARTICLE 14 - HOURS OF WORK AND OVERTIME (CCL)
14.01 Hours of Duty. The normally scheduled workweek for Commanders shall be the
equivalent of forty (40) hours per week on a Port payroll week basis, except as otherwise
provided in Section 14.02 of this Agreement.
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The normal daily schedule for Commanders shall be ten (10) hours per day beginning between
the hours of 0500 and 0900, except that Patrol Commanders will be scheduled ten (10) hours
between 0500 and 2400.
Commanders are FLSA overtime exempt salaried employees and are expected to work the
hours required to accomplish the duties of their position. In general, the normal daily schedule
is anticipated to include nine (9) hours of work after the start of the watch plus one (1) mealtime
and two (2) rest periods. The mealtime provided for during the normal workday is for a period
of thirty (30) minutes. If the meal period is a business lunch where Port interests are best
served extending this time frame beyond thirty (30) minutes, members shall not be restricted
to any particular time element. In addition, one (1) fifteen (15) minute rest period before and
one (1) fifteen (15) minute rest period after mealtime shall be provided for in the normal
workday.
Commanders may at their own discretion, and with the prior approval of management,
temporarily modify their normally scheduled work week or normal hours of work (to work any
continuous ten (10) hour shift) for the purposes of maintaining necessary and desirable
familiarity with all Police Department personnel and their duties and responsibilities.
The normally scheduled workweek for Commanders shall be four (4) days worked and three
(3) consecutive days off during a seven (7) day period. Work days will be assigned by
management and will be either Monday through Thursday or Tuesday through Friday, except
as otherwise provided for in Section 14.02 of this Agreement.
14.02 Weekend Coverage. Commanders may adjust their normal work schedule for
planned special events occurring during the weekend (Saturday and Sunday).
When adjusting to or from a normal weekly work schedule to a weekend weekly work schedule,
the work schedule shall be the equivalent of eighty (80) hours per two (2) week period during
this adjustment.
The normal weekend work schedule work day shall be ten (10) consecutive hours each day.
14.03 Overtime Exemption. The Parties agree that Commanders shall be considered
overtime exempt managerial employees, and as such, shall be paid salary (calculated from an
hourly rate based on the standard forty (40) hour workweek). Commanders shall not be entitled
to overtime compensation under either the Fair Labor Standards Act or Washington Minimum
Wage Act.
14.04 Awarded Time. I n recognition of working in excess of eighty (80) hours in one
(1) pay period, the Chief, or his/her designee, may award a Commander “Awarded Time” off.
Awarded Time shall be governed under the following conditions:
(a) Awarded Time is not “Comp Time.” It is not intended to compensate employees
on an hour for hour basis for hours worked beyond their regular work schedules.
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January 1, 2019 – December 31, 2021
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Awarded Time is intended to give employees time away from work for rest and
rejuvenation following a recent rigorous work period.
(b) Commanders will occasionally work beyond their regularly scheduled eighty (80)
hour pay period. Employees should not normally expect to receive Awarded
Time compensation for working additional hours that are not in excess of ten
percent (10%) of their regular work schedule. For example, Awarded Time would
not normally be awarded to an employee working for the first eight (8) hours of
additional work performed during a pay period.
(c) A Commander’s use of Awarded Time must be approved in advance by his/her
supervisor and recorded on the employee’s time log using the appropriate time
reporting code. Awarded Time should normally be awarded to the employee
during the same time period in which the work was performed, and the employee
should use the Awarded Time as soon as possible thereafter. Awarded Time
may be used for any reason, and a Commander’s request for use of Awarded
Time will normally be approved.
(d) Awarded Time must be used in the calendar year granted, and shall not be
carried into the next calendar year. Awarded Time shall not be cashed out.
Retiring or terminating employees may not take Awarded Time after their last
worked day.
(e) In recognition of Commanders performing assignments that may require them to
work in excess of the standard work schedule on an ongoing, regular basis,
Commanders shall automatically receive a lump sum of forty (40) hours of
Awarded Time annually. The forty (40) hours shall be granted on January 1st of
each calendar year for incumbent Commanders. If an employee is hired into a
regular Commander position after January 1 of a calendar year, the forty (40)
hours of Awarded Time shall be granted on a pro-rated basis.
Effective upon ratification between the parties and execution of the agreement,
hours of awarded time for Commanders on Duty shall increase to eighty (80)
hours annually.
(f) Upon execution of this Agreement, a Commander’s previously accrued
compensatory time (earned as a non-exempt Captain or Lieutenant) will be
cashed-out at the appropriate rate of pay.
14.05 On-Call: Pagers/Cell Phones. For times when there is no Commander working
after-hours and/or weekends (Saturday and Sunday), there shall be a member of the Command
Staff on-call to be available to on-duty supervisors, assigned on a rotating basis. The rotation
schedule for each Commander’s on-call duty shall be no greater than seven (7) continuous
days per on-call assignment, and each on-call assignment is not to occur more than once every
five (5) weeks. Voluntary trades resulting in more frequent rotations may be made on a
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January 1, 2019 – December 31, 2021
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voluntary basis by Commanders. It is understood that an increase in staff will result in a
decrease in on-call rotation frequency on a one for one basis. If a Commander is specifically
required to carry a pager and/or cell phone and is assigned “on call,” such Commander will be
expected to respond and report, as soon as possible if called.
14.06 Assignment of Commanders. All assignments will be made at the discretion of
the Chief of Police. Commanders will obtain approval for any leave from their Deputy Chief.
Prior to taking any such leave, if two Commanders request leave during the same time period
and there is potential for a negative impact on the operation of the Department, the Commander
with the most bargaining unit seniority will take precedence over the other.
ARTICLE 15 – VACATION
Annual vacation with pay shall be granted to all employees on the following basis:
15.01 Scheduling of Vacation Leave. At any time after the successful completion of six
(6) months of employment, regular permanent employees (any employee hired from a Port
posting) may request and use vacation leave of up to the number of hours accrued at the time
of the desired vacation date, subject to the approval of the Chief. Seniority shall be considered
in accordance with departmental procedures when scheduling vacations. Normally, requests
for approval of vacation schedules shall be made to the Chief on a vacation request form thirty
(30) days or more in advance; more notice may be required by the Chief when necessary to
provide for proper scheduling of personnel.
15.02 Limits on Accumulating Vacation Leave; Cash-Out. Vacation leave accumulation
shall be limited to four hundred thirty-two (432) hours of accrual at any time. Any portion above
four hundred thirty-two (432) hours of unused vacation leave shall be cashed-out under this
Section, unless the reason for not taking such vacation leave is at management's direction, as
under emergency conditions. Vacation beyond four hundred thirty-two (432) hours accrual will
be cashed out on an annual basis. The cash-out of excess hours shall be paid to the
Commander on the last paycheck in the payroll year, or in the case of a termination of
employment, on the employee’s last paycheck.
This Section may be subject to modification to meet legal requirements in the event of further
changes in State Law.
15.03 Rates of Accrual. Based upon a pro rata share of a full-time work schedule,
vacation leave is earned as follows:
(a) 96 Hours of Vacation: From the first (1 st) day of employment, to and including
the forty-second (42nd) full month of continuous employment, permanent
employees shall accrue vacation leave at the rate of eight (8) hours per month of
active employment, or the equivalent of up to ninety-six (96) hours per year (8
hours per month x 12 months = 96 hours per year).
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(b) 120 Hours of Vacation: From the forty-third (43rd) full month, to and including the
seventy-second (72nd) full month of continuous employment, permanent
employees shall accrue vacation leave at the rate of ten (10) hours per month of
active employment, or the equivalent of up to one-hundred and twenty (120)
hours per year (10 hours per month x 12 months = 120 hours per year).
(c) 128 Hours of Vacation: From the seventy-third (73rd) full month, to and including
the one hundred thirty-second (132nd) full month of continuous employment,
permanent employees shall accrue vacation leave at the rate of ten and sixtyseven
hundredths (10.67) hours per month of active employment, or the
equivalent of one-hundred and twenty eight (128) hours per year (10.67 hours
per month X 12 months = 128 hours per year).
(d) 160 Hours of Vacation: From the one hundred thirty-third (133rd) full month to
and including the one hundred ninety-second (192nd) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
thirteen and thirty-four hundredths (13.34) hours per month of active employment,
or the equivalent of up to one hundred and sixty (160) hours per year (13.34 hours
per month x 12 months = 160 hours per year).
(e) 168 Hours of Vacation: From the one hundred ninety-third (193rd) full month, to
and including the two hundred twenty-eighth (228th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
fourteen (14) hours per month of active employment, or the equivalent of up to
one-hundred and sixty eight (168) hours per year (14 hours per month X 12
months = 168 hours per year).
(f) 176 Hours of Vacation: From the two hundred twenty-ninth (229th) full month, to
and including the two hundred-fortieth (240th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
fourteen and sixty-seven hundredths (14.67) hours per month of active
employment, or the equivalent of up to one hundred and seventy-six (176) per
year (14.67 hours per month x 12 months = 176 hours per year).
(g) 184 Hours of Vacation: From the two hundred forty-first (241st) full month, to and
including the two hundred fifty-second (252nd) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
fifteen and thirty-four hundredths (15.34) hours per month of active employment,
or the equivalent of up to one-hundred and eighty-four (184) hours per year
(15.34 hours per month X 12 months = 184 hours per year).
(h) 192 Hours of Vacation: From the two hundred fifty-third (253rd) full month, to and
including the two hundred sixty-fourth (264th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
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Page 10
sixteen (16) hours per month of active employment, or the equivalent of up to
one-hundred and ninety-two (192) hours per year (16 hours per month X 12
months = 192 hours per year).
(i) 200 Hours of Vacation: From the two hundred sixty-fifth (265th) full month, to and
including the two hundred seventy-sixth (276th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
sixteen and sixty-seven hundredths (16.67) hours per month of active
employment, or the equivalent of up to two-hundred (200) hours per year (16.67
hours per month X 12 months = 200 hours per year).
(j) 208 Hours of Vacation: From the two hundred seventy-seventh (277th) full month,
to and including the two hundred eighty-eighth (288th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
seventeen and thirty-four hundredths (17.34) hours per month of active
employment, or the equivalent of up to two-hundred eight (208) hours per year
(17.34 hours per month X 12 months = 208 hours per year).
(l) 216 Hours of Vacation: From the two hundred eighty-ninth (289th) full month, to
and including all subsequent full months of continuous employment, permanent
employees shall accrue vacation leave at the rate of eighteen (18) hours per month
of active employment, or the equivalent of up to two-hundred sixteen (216) hours
per year (18 hours per month X 12 months = 216 hours per year).
15.04 Personal Day. Effective upon ratification and execution of the agreement
between the parties and for the term of the agreement, employees in the bargaining unit shall
be eligible to receive two (2) personal days in 2023, the dates designated by the employee.
The two personal days shall be compensated at the employee’s regular pay rate at the time
the personal days are taken and based upon the employee’s regular work schedule. Eligibility
and scheduling of the personal day shall be in accordance with Article 15.01 of the
agreement. Any personal day not taken by an employee in the bargaining unit during 2023 of
the agreement in accordance with the Port Payroll Calendar shall be forfeited. The two
personal days must to be used in the year provided, 2023, and cannot be carried over to a
subsequent year or to a successor collective bargaining agreement.
This provision will expire at the conclusion of the agreement on December 31, 2024, and will
not be carried over to a successor agreement.
15.05 Payment for Vacation Leave at Termination. Upon termination of employment,
regular permanent employees shall receive a lump sum payment in lieu of one hundred percent
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(100%) of unused vacation leave, based on limitations stated above and as further limited by
this Section.
Employees who terminate active employment before completing six (6) months of employment
shall receive no vacation pay. Pay for unused vacation leave shall be computed through the
last day of employment. Section 15.04 may be subject to modification to meet legal
requirements in the event of further changes in State Law.
15.06 Scheduled to Work During Vacation. Employees who are called-in to work while
on their scheduled vacation shall be placed on regular, straight-time pay status and
compensated for a full day’s pay, regardless of the time spent working. In addition, they shall
have the vacation day restored which was lost due to being called into work.
15.07 Use For Family Emergency. In the event of a bona fide family emergency at the
Chief's discretion, the Chief or his/her designee can permit an employee to take time off with
vacation leave applied as compensation.
ARTICLE 16 – HOLIDAYS (TA)
16.01 Rates of Accrual. All eligible employees shall receive a pool of one hundred and
thirty ( 130) hours per year based upon eleven (11) recognized holidays and two (2) floating
holidays and a four (4) day ten (10) hour schedule. Holiday hours will accrue on the basis of
the eleven (11) recognized holidays listed in Article 16.02 below as they occur in the calendar
year for a total of ten (10) hours per holiday on a four (4) day ten (10) hour schedule. The two
(2) floating holidays will accrue as ten (10) hours for the month of January and ten (10) hours
for the month of July. Changes in the number of pooled holiday hours due a Commander
resulting from separation from the Department, or for any other reason, shall be prorated.
16.02 The holidays are in recognition of ten Port of Seattle holidays listed in the Port of
Seattle Salary and Benefit resolution, HR-5 and serves as a basis for compensation. The
eleven holidays are as follows:
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
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Port Designated Floating Holiday (Day before or after Christmas as determined by the Port
Human Resources Department).
Two (2) additional holidays that are noted in Section 16.01 above are designated as floating
holidays and are not tied to any of the traditional recognized Port of Seattle holidays provided
in this section.
16.03 Use and Cash-out. Pooled holiday leave may be used once accrued in one (1)
hour increments in the same manner and with the same restrictions as vacation time. Upon
termination of employment, accrued, unused holiday hours shall be cashed out, subject to
proration. During the year, employees may request pay for their unused pooled hours. No
pooled hours will be carried over from year to year. Holiday cash-out (if requested by a
Commander) will occur twice (2x) per year, in the last paycheck of June, for those holiday hours
that have already accrued, and the first pay period in January of the following year for the
remaining holiday hours that have accrued. Commanders who cash out their Holiday pool
hours, then separate from the Department, shall be obligated to repay the value of the prorated
Holiday pool hours from the date of separation to the end of the year, which the Port may
deduct from the employee’s final paycheck.
Up to four (4) holidays not used or cashed out at the end of the calendar year can be exchanged
for vacation that was already used at any time within the same calendar year.
Compensation tied to holiday cash out will only be reported to the Department of Retirement
Service on the basis of the eleven (11) Port of Seattle recognized holidays. Compensation tied
to holiday cash out for the two (2) floating holidays will not be reported to the Department of
Retirement Services unless they are used.
16.04 Scheduled to Work During Paid Holiday. Employees who are called in to work
while on their paid holiday shall be placed on regular, straight-time pay status and compensated
for a full day’s pay. In addition, they shall have the paid holiday restored which was lost due to
being called into work.
ARTICLE 17 - COMPENSATION FOR MILEAGE, EXPENSES & TRAVEL TIME (CCL)
17.01 Reimbursement for Reasonable Expenses; Procedure. The Parties recognize
the federal and state audit requirements, and hereby agree to comply with the Port’s accounting
and procurement policies relating to, among other things, reimbursement of work-related
mileage, reasonable out-of-pocket expenses, proof of expenditures, reporting and audit
requirements, travel authorizations, and use of a Port credit card.
17.02 Normal Pay. An employee's normal salary shall apply as provided for in this
Agreement in connection with travel assignments inside and outside of King County.
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17.03 Mileage for Private Vehicle Travel. When travel by an employee's private vehicle
is required and authorized by Department management, such travel shall be reimbursed in
accordance with the mileage reimbursement schedule as approved by the Port Commission
for Port employees. However, at no time shall the amount be less than the IRS-approved
mileage rate. Requests for mileage shall be submitted according to Port policy.
ARTICLE 18 - FALSE ARREST AND PROFESSIONAL LIABILITY (CCL)
The Port shall continue to provide professional liability coverage, including false arrest
coverage for Commanders when they are acting within the scope of their authority and duties
as a Law Enforcement Officer for the Port of Seattle.
ARTICLE 19 - UNIFORMS AND EQUIPMENT
19.01 Uniforms and Equipment Provided. The Port shall provide uniforms and
equipment in accordance with requirements as established by the Chief.
19.02 Damage Reimbursement. Effective upon ratification and execution of the
agreement, limited to four hundred dollars ($ 400.00) for each incident, reasonable
reimbursement shall be provided for repair or replacement of eyeglasses, watches, or hearing
aids which may be broken, damaged or lost as a result of work related activities, where no
employee negligence is involved. This benefit applies only in situations where the benefits are
not covered under Teamsters Health and Welfare Plans or other benefits.
Decisions on claims for reimbursement shall be approved or disapproved and submitted to
Accounting within fourteen (14) days of receipt.
19.03 Clothing Allowance. Effective upon ratification and execution of the agreement,
the Port shall pay a clothing allowance of one-hundred dollars ($100.00) per month to
Commanders who are directed by the Chief to wear civilian clothes. TA
ARTICLE 20 – BENEFITS
20.01 The Port agrees to provide the following benefits requested by the Union:
(a) Washington State Public Employees Retirement System (PERS), or LEOFF as
applicable. Effective upon ratification by Local 763 and approval by the Port
Commission, for those Commanders ineligible to participate in either PERS or
LEOFF, the Port shall contribute an additional amount equal to the employer’s
regular rate of contribution for PERS or LEOFF eligible employees into the Port’s
401 (a) Plan referenced in Article 20.01 (c) below.
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(b) Unemployment compensation benefits under the Washington State Employment
Security Act.
(c) A retirement or savings plan in lieu of Social Security. Contributions of six and
two-tenths percent (6.2%) of salary on behalf of all members of the bargaining
unit, transmitted to the Plan each pay period, up to the annual maximum limits of
social security plus any additional amounts received under Article 20.01 (a)
above, if applicable, to the ICMA-RC 401(a) Plan.
(d) Parking as currently provided limited to employees on duty status.
(e) Locker room and lunchroom facilities.
(f) Washington State Workers' Compensation.
(g) Educational assistance for employees shall be subject to approval of the Chief.
It is agreed that if funds are not available from other sources, such as special
Federal or State programs, with the advance approval of the Chief, the Port shall
provide reimbursement limited to job related educational curricula on the
following basis:
(1) For employees engaged in continuing education at accredited institutions
to obtain a college degree, fifty percent (50%) of tuition costs following
one (1) calendar year of continuous employment and seventy-five percent
(75%) following four (4) years of continuous employment. Payment will
be made upon evidence of satisfactory completion and will cover tuition
fees only. Reimbursement may be applied for following each semester.
(2) After one (1) calendar year of continuous employment, for individual
courses limited to job related subject matter and not in connection with
course work for a college degree, one hundred percent (100%)
reimbursement for tuition only. Reimbursement shall be provided after
evidence of satisfactory completion. This applies to courses taken as a
result of a request initiated by an employee. However, non-mandatory
specialized police/fire training courses taken at the option of the
employee shall result in reimbursement to the Port by the employee for
actual expenses if the employee voluntarily resigns (for other than
medical reasons) or retires in less than two (2) years after completion of
the special training.
(3) For courses or seminars initiated for an individual employee at the
direction of the Chief, reimbursement shall be provided for the entire costs
of such instruction. Reimbursement shall include amounts to cover
tuition, books, and miscellaneous instructional fees.
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(4) Such educational assistance shall be linked to a detailed Letter of
Commitment, provided to the Department by the employee, that captures
the employee’s study and career goals.
(h) Forty (40) hours training will be scheduled per year per employee.
(i) As provided below in this paragraph, 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 possible cancellation. It is further agreed
that content of the plan itself, plan administration, and any determinations made
under the plan shall not be subject to the Grievance Procedure (Article 29) or to
any other provisions of this Agreement or to negotiation by the Union.
(j) Department Vehicle. For the duration of this Agreement, the Port shall provide
each Commander the use of a take-home departmental vehicle. If any
Commander resides more than forty five (45) miles from the Department, the
Commander may not commute in his/her department vehicle beyond the forty
five (45) mile boundary. The Police Chief may make an exception based on
operational or Department need. Decisions to grant or deny an exception shall
not be subject to the grievance process.
(k) Pacific Coast Benefit Plan. Effective January 1, 2022, the Employer’s
contribution shall be one dollar and thirty-five cents ($1.35) per hour
compensated.
Effective upon ratification and execution of the agreement, this amount shall
increase to one dollar and forty-cents ($1.40) per hour compensated.
(l) Shared Leave as defined in Section 23.05.
(m) Retirement Firearm and Box. Upon retirement from the Port of Seattle Police
Department, the retiring Commander with at least five (5) years of service will
be provided the following as compensation for prior service:
1. The Commander’s assigned service weapon; and
2. A display box suitable to display the service weapon.
(n) Paid Parental Leave. The Port shall continue to provide Paid Parental Leave to
members of this bargaining unit. Eligibility, participation and terms of the Paid
Parental Leave shall be as provided to non-represented employees as outlined
in Port policy HR-5. The Port may change or modify its Paid Parental Leave
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January 1, 2019 – December 31, 2021
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policy and/or procedure. If the Port desires a change/modification the Port
agrees to provide the Union with advance notice of any change.
ARTICLE 21 - LEAVE WITHOUT PAY (TA)
21.01 Eligibility; Procedure. After one (1) calendar year's service an employee shall be
eligible for a leave of absence without pay not to exceed six (6) weeks. At the discretion and
with the approval of the Chief, on an exception basis, leaves may be extended not to exceed
one (1) calendar year. Requests for such leaves shall be submitted in writing to the Chief for
approval thirty (30) days in advance of the leave time period. In emergency situations, the
notification may be waived at the option of the Chief.
21.02 Considerations. Leave approval considerations sha ll include:
(a) The purpose and length of requested leave;
(b) The employee's length of service;
(c) The effect of such an extended absence on departmental operational efficiency;
(d) Employee past performance and attendance; and
(e) In establishing the priority for such leaves, mutual benefit to the Port shall also
be a consideration. For example, leaves of absence for educational purposes
shall receive greater priority than leaves for the purpose of travel.
21.03 Extensions. In the event of special conditions, such as family emergencies or
educational programs, leaves of absence may be extended beyond six (6) weeks with the
approval of the chief and/or Port's Executive Department. An employee shall suffer no loss of
seniority for time spent on approved leave of absence of six (6) weeks or less. For time in
excess of six (6) weeks, the Employee shall retain his/her original seniority date, but shall not
accumulate any seniority for time off work in excess of six (6) weeks.
21.04 Not For Alternate Employment. Under normal conditions, leaves of absence shall
not be granted for the purpose of seeking or engaging in other employment. Any exception to
this provision shall be at the sole discretion of the Chief.
21.05 FMLA/FCA. Employees shall be eligible for family leave pursuant to the Family
and Medical Leave Act (FMLA), Washington Family Care Act (FCA), and Port policies relating
to the FMLA and FCA.
21.06 Washington Paid Family And Medical Leave: The Port shall comply with the
requirements of the Washington Paid Family and Medical Leave Act and shall have full
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January 1, 2019 – December 31, 2021
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discretion on meeting those requirements (e.g. Voluntary Plan), which shall not be subject to
the grievance procedure or to any other provision of this Agreement or to negotiation by the
Union. However, the Port agrees to provide to the Union advance notice of how the Port
intends to comply, and when and if there are any changes.
Effective upon Union ratification of the Agreement, the Port will pay the employee portion of
the premium associated with this provision.
ARTICLE 22 - RE-EMPLOYMENT RIGHTS (CCL)
22.01 Hiring Preference. An employee who was not on probation, and who was in good
standing at the time of voluntary separation (excluding retirement) from the Port of Seattle
Police Department shall have hiring preference over any other applicant for employment (but
excluding employees on layoff roster) if application is made within one (1) calendar year from
the date of separation from the Department.
22.02 Eligibility. To receive hiring preference, the application is subject to the following
requirements:
(a) The application request must be for the classification that the employee held at
the time of voluntary separation; and
(b) An opening for that classification does not have to exist at the time of request,
but if no job opening is available at the time of application, the application will still
be given preference for any job opening that occurs within one (1) calendar year
from the date of application; and
(c) The ultimate determination of whether the employee will be rehired will be made
by the Department; and
(d) The Department may require any investigation it deems necessary before the
application is approved for reinstatement; and
(e) At the discretion of the Chief, a background investigation, polygraph examination,
and medical examination may be conducted for a period of absence of less than
ninety (90) days. After ninety (90) days, the background investigation, polygraph
examination, and a medical will be mandatory. A drug screen test will be
administered regardless of the time away from the Department.
22.03 Reinstatement of Seniority. The seniority date of any Commander re-employed
pursuant to this Article shall be his or her original date of hire, provided that no seniority shall
accumulate for those periods that the Commander was not a bargaining unit employee.
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ARTICLE 23 - SICK LEAVE (CCL)
23.01 Rate of Accrual. Regular permanent full-time employees shall accrue at the rate
of .0462 hours for each straight time hour compensated (.0462 x 2080 = 96 annual hours per
year), up to eight (8) hours per month, not to exceed ninety-six (96) hours in any calendar year
(8 hours per month X 12 months = 96 hours per year). Such sick leave shall be based on a
pro rata share of time worked on a full-time work schedule. Regular permanent part-time
employees shall accrue pro-rata sick leave based on time worked on less than full-time
schedules.
Sick leave is accrued from the first (1st) day of employment but may not be used until the
completion of thirty (30) days of continuous employment and is to be used under the conditions
stated in Section 23.02 of this Article.
23.02 Use of Sick Leave. Sick leave will be used only in instances of non-job related
employee or dependent illness or injury and as provided by law. Departmental management
may require a physician’s statement to justify use of sick leave and/or to determine that an
employee’s return from absence due to illness or injury is sanctioned by the attending
physician, to the extent provided by law. Family medical and care leave will be administered
in accordance with current Federal and State laws, and applicable Port policies.
The Port shall comply with the requirements of the Washington Paid Family and Medical Leave
Act and shall have full discretion on meeting those requirements (e.g. Voluntary Plan), which
shall not be subject to the grievance procedure or to any other provision of this Agreement or
to negotiation by the Union. However, the Port agrees to provide advance notice of how the
Port intends to comply, and when and if there are any changes to the Union.
Effective upon ratification between the parties and execution of the agreement, the Port will
pay the employee portion of the premium associated with this provision.
23.03 No Combined Effect. In no case shall the combined effect of sick leave and/or
other benefits be applied so that compensation exceeds the employee’s normal rate of pay.
23.04 Accumulation of Sick Leave. Sick leave may be accumulated up to nine hundred
sixty (960) hours for permanent employees. Upon termination or retirement following five (5)
continuous years of active employment in a permanent position with the Port, qualified
employees shall be compensated for fifty percent (50%) of their unused sick leave (within the
960 hour limit) at the rate of pay at termination. The fifty percent (50%) accumulated sick leave
payoff is payable to the employee's spouse or other designated beneficiary in the event of an
employee's death. One hundred percent (100%) of an employee’s accumulated sick leave
(within the 960-hour limit) is payable to the employee’s spouse or other designated beneficiary
in the event of an employee’s death in the line of duty.
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23.05 Shared Leave. The Parties agree to adopt a Shared Leave Program under the
terms and conditions set forth in applicable Port policies covering shared leave of salaried
employees.
(a) Purpose: The Shared Leave Program enables employees to donate accrued sick
leave to fellow employees who are faced with taking leave without pay or
termination due to extraordinary or severe physical or mental illnesses.
Implementation of the program for any individual employee is subject to
agreement by the Employer, and the availability of shared leave from other
employees. The Employer's decisions in implementing and administering the
shared leave program shall be reasonable.
(b) Participation : Participation in the Shared Leave Program is voluntary. No
employee shall be coerced, threatened, intimidated or financially induced into
donating sick leave for purposes of this program.
23.06 Attendance Incentive.
(a) Two hundred and fifty dollars ($250.00) for any employee who has completed
one (1) calendar year of continuous employment without any absence from work.
Incentive pay will be subject to payroll withholding requirements.
(b) Any absence except the following will disqualify an employee:
(1) Vacation
(2) Holidays
(3) Bereavement Leave
(4) Military Leave
(5) Jury Duty
(6) Subpoenaed Witness Service on a Port-related case
(7) Compensatory Time Off
(c) The Police Department time entry system and payroll hours will be used to
determine eligibility.
ARTICLE 24 - LONG TERM DISABILITY (CCL)
24.01 Eligibility. Commanders are covered for Long Term Disability insurance on the
first (1st) day of active employment following six (6) continuous months of employment. Subject
to qualified disability, the employee will receive sixty percent (60%) of covered monthly
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January 1, 2019 – December 31, 2021
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earnings less income from other sources. Benefits for Police Command Staff begin after an
elimination period of forty-five (45) days for a non-occupational disability and one hundred
eighty (180) days for an occupational disability. Benefits continue during qualified disability,
but not past the employee’s sixty-fifth (65th) birthday or ADEA extension. The maximum benefit
is three thousand five hundred dollars ($3,500.00) with a three percent (3%) cost-of-living net
benefit adjuster. The policy contains a three (3) to six (6) month pre-existing condition limitation
and certain exclusions and limitations for benefit payment.
This is a brief informational description of the Long Term Disability plan. For additional details,
consult the Certificate of Insurance or the group master policy which contains the controlling
coverage provisions.
24.02 Supplemental Coverage. The Port hereby agrees to the following coverage for
Police Commanders only, limited to bona fide duty disability:
(a) For the first (1st) six (6) months of a duty disability, the Port shall supplement
amounts paid by certain offsets to a level equal to the base pay rate of the
disabled Commander. Such benefit program offsets include but are not limited
to state, federal, or other disability programs to which the Port has contributed
such as the Public Employees' Retirement System, the Federal Social Security
System, the Washington State Department of Labor and Industries programs
(e.g. Workers' Compensation, Pension, and lump sum disability awards), and the
Long Term Disability Coverage provided under Article 24 of this Agreement.
(b) In addition, the insurance premiums paid by the Port for insurance programs
covered in this Agreement shall continue on behalf of a Commander for the first
(1st) six (6) months of a duty disability.
(c) This coverage is also in compliance with RCW 41.04.510.
(d) If a Commander becomes disabled as a result of duty-disability, the Officer will
have his/her job rights protected for two (2) years from the date of the disability
as defined below in Sections 24.03 and 24.04.
24.03 Light Duty. The Port may require Commanders receiving a disability leave
supplement to work light duty, consistent with RCW 41.04.520 and other applicable law. If a
Commander is unable to perform his/her duty assignment by reason of an illness or injury
unrelated to the duty disability injury or condition, the Commander is required to use accrued
sick leave.
24.04 Return to Work. If a Police Commander becomes disabled as a result of duty -
disability, the Commander will have his/her job rights protected for two (2) years from the date
of the disability provided the Commander is released to return to work and can perform all the
job requirements of a Police Commander. In the event the member of the Command Staff is
not able to perform the job requirements of a Police Commander, the Port will make a good
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faith effort to find other suitable jobs within the Port for which the employee is qualified. In no
event will jobs be created or modified specifically for that purpose. This understanding is
predicated on a good faith application by the Parties involved.
ARTICLE 25 - TEAMSTERS HEALTH AND WELFARE PROGRAMS
25.01 Effective January 1, 2022 (based on December 2021 hours), and each month
thereafter during the period this Collective Bargaining Agreement is in effect, the Port agrees
to pay to Washington Teamsters Welfare Trust c/o Northwest Administrators, Inc. for every
eligible employee covered by this Agreement who was compensated for eighty (80) hours or
more in the preceding month the following:
a. Health & Welfare - Contribute the sum of $ 1,525.80 per month for benefits under
the "PLAN A" (Price includes an addition of $11.40 for the additional 9 month
waiver, from the base price of the plan and $18.00 for domestic partner
coverage).
b. Dental - Contribute the sum of $ 122.50 per month for benefits under the "PLAN
A." (Price includes an addition of $2.20 for domestic partner coverage)
c. Vision - Contribute the sum of $17.30 per month for continued benefits under the
"EXTENDED BENEFITS." (Price includes an addition of $.20 for domestic
partner coverage)
d. Life Insurance - The Port agrees to provide life insurance in an amount which
insures each eligible employee shall be covered for an amount of life insurance
equal to forty percent (40%) of his/her total annualized pay rate, based upon the
employee's classification.
25.02 Maintenance of Plans. The Trustees may modify benefits or eligibility of any plan
for the purposes of cost containment, cost management, or changes in medical technology and
treatment. If increases are necessary to maintain the current benefits or eligibility, or benefits
or eligibility as may be modified by the Trustees during the life of the Agreement, the Port shall
pay such premium increases as determined by the Trustees.
Effective January 1, 2019, each employee shall contribute $75.00 per month toward the
monthly premium costs in 25.01. The Employer shall pay the remaining costs of the monthly
premiums.
Effective January 1, 2021, each employee shall contribute $125 per month toward the monthly
premium costs in Article 25.01.
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Effective January 1, 2024, each employee shall contribute $150 per month toward the monthly
premium costs in Article 25.01.
25.03 Supplemental Insurance Programs. The Union may establish supplemental
insurance programs for the employees under this Agreement. All of the premiums for such
plans, if established, shall be paid for by the employees covered. If the Port is to process
payroll deductions from employees to pay the insurance carrier on the employees' behalf, the
Plan shall be subject to approval by the Port in regard to the responsibility of ongoing
administration and related details.
25.04 Retirees Welfare Trust. Contribute the following for benefits under the "RWT -
PLUS PLAN," and the Port shall continue to reduce the wages of each member of the
Bargaining Unit by an amount equal to one-half (½) of the monthly premium per member:
Effective January 1, 2019 $94.85
Effective January 1, 2020, members of the bargaining group will be eligible to enroll in the
Teamsters Retiree Welfare Trust Plus XL plan. The Port shall contribute fifty dollars ($50) per
month for the term of the agreement toward the monthly premium of each member enrolled in
the Teamsters Retiree Welfare Trust Plus XL plan. The balance of the monthly premium rate
will be paid by members of the bargaining group through monthly payroll deduction. The Port
will be absolved from any liability associated with this Teamsters Retiree Welfare Trust plan.
ARTICLE 26 - PERFORMANCE OF DUTY, STRIKES, AND LOCKOUTS (CCL)
26.01 No Right to Strike. Nothing in this Agreement shall be construed to give an
employee the right to strike, and no employee shall strike or refuse to perform assigned duties
to the best of his/her ability. The Union agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference with the normal
operation of the Police Department or of the Port.
26.02 No Lockouts. The Port agrees that there shall be no lockouts.
26.03 Effect. The conditions stated in Sections 26.01 and 26.02 of this Article shall
remain in effect with or without a signed Labor Agreement.
26.04 Resolution; Expedited Arbitration. If a party is alleged to have violated this Article,
the Parties agree to submit the alleged violation of this Article to expedited binding arbitration.
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ARTICLE 27 - SAVINGS CLAUSE (CCL)
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 28 - ENTIRE AGREEMENT (CCL)
28.01 Entire Agreement; No Oral Modifications. 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.
28.02 Opportunity to Bargain. The Parties acknowledge that each has had the
unlimited right and opportunity to make demands and proposals with respect to any matter
deemed a proper subject for collective bargaining. The results of the exercise of that right are
set forth in this Agreement.
ARTICLE 29 - GRIEVANCE PROCEDURE (TA)
29.01 Grievance Defined. Any dispute regarding the interpretation or application of this
Agreement shall be regarded as a grievance and shall be subject to the terms of this grievance
procedure.
29.02 Time Limits. All grievances shall be presented within twenty (20) days of the
occurrence or the date that the employee actually knew or reasonably should have known of
the occurrence, whichever is later. This time limit and the other time limits set forth in this
Article may be extended by mutual agreement of the Employer and the Union. All references
to time in this Article shall be to calendar days.
29.03 Election of Forum. A Commander electing to pursue a matter through the Civil
Service System may not also pursue to arbitration a grievance through this grievance
procedure. Any complaint that a matter constitutes a violation of Article 7 of this Agreement
may not be pursued to grievance arbitration if the matter has been challenged in any other
administrative or judicial forum.
29.04 Informal Resolution. The Parties acknowledge that every effort should be made
by the employee(s) and the supervisor(s) to resolve issues prior to initiating grievance
procedures.
29.05 Grievance Procedure.
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STEP I
The affected employee, or Union’s Business Representative shall present the grievance in
writing to the office of the Chief of Police. If the supervisor or supervisor’s designee and the
grievant are unable to arrive at a satisfactory settlement, the supervisor (or designee) will issue
a written response to the employee, with a copy to the Union’s Business Representative. The
response shall be issued no later than ten (10) days after the date that the grievance was
initially filed. The Union may refer the grievance to Step 2 within ten (10) days of receipt of the
supervisor’s response, or if the supervisor’s response is untimely, within ten (10) days of the
date when the supervisor’s response was due.
STEP II
Initiation of Step 2. The Union’s Business Representative shall present the grievance in writing
to the Chief or the Chief’s designee. The written grievance shall contain a statement of the
relevant facts, the section(s) of the Agreement allegedly violated, and the remedy that is
sought.
Class Grievances. With respect to issues affecting more than one (1) Commander, the Union
may elect to file a grievance at Step 2 without the need for individual Commanders to file a
grievance at Step 1. The twenty (20) day time limit referenced in Section 29.02, as well as the
other requirements of this Article, shall be applicable to such filings.
Step 2 Meeting. Within fourteen (14) days after the initiation of Step 2, the Union’s Business
Representative and the Chief, or the Chief’s designee, shall meet to discuss possible resolution
of the grievance. If the Parties are unable to arrive at a satisfactory settlement, or if the
Department’s response is untimely, the Union may refer the grievance to Step 3 within ten (10)
days of the meeting.
STEP III
Initiation of Step 3. The Union shall notify the Chief and the Port’s Labor Relations
representative, in writing, of its desire to move the matter to the Board of Adjustment.
Board of Adjustment. T he Parties shall schedule a Board of Adjustment hearing which shall
be held no later than twenty (20) days after the initiation of Step 3. The purpose of the hearing
is to evaluate all known facts relating to the grievance in order to determine an appropriate
resolution. The Port’s Labor Relations representative, the Chief or designee, and two (2) Union
Representatives shall be present, and both sides shall have an opportunity to present all
information that they have relating to the grievance. If the Parties are unable to arrive at a
settlement, or if the Board of Adjustment hearing is not held within twenty (20) days after
initiation of Step 3, the Union may refer the matter to Step 4. The Parties may mutually agree
to waive the Step 3 process.
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STEP IV: ARBITRATION
Initiation of Step 4. The Union initiates Step 4 by filing a written request with the Port, specifying
the issue to be arbitrated. The request must be submitted within ten (10) days of completion
of the Board of Adjustment, or if no Board of Adjustment is scheduled within twenty (20) days
after the initiation of Step 3, then within twenty-seven (27) days after the initiation of Step 3.
Selecting An Arbitrator. For all arbitrations involving disciplinary actions, discharges, or
terminations, the arbitration selection procedure shall be as established by RCW 41.58.070.
For all other arbitrations, the Port and the Union mutually agree that either Party to this
Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of
seven (7) persons who are qualified and available to serve as arbitrators for the dispute
involved. Within ten (10) days of receipt of the FMCS list, the Parties will jointly select an
arbitrator from the list by alternately striking one (1) arbitrator on the list until the final remaining
arbitrator is selected as the arbitrator for the particular hearing. The Parties shall determine
first (1st) initiative through a coin flip.
The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall
not apply. The arbitrator shall not have the power to add to, subtract from, or modify the
provisions of this Agreement in arriving at a decision of the issue or issues presented; and shall
confine his/her decision solely to the interpretation, application, or enforcement of this
Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted for
arbitration, and shall not have the authority to determine any other issues not so submitted to
him/her. The decision of the arbitrator shall be final and binding upon the aggrieved employee,
the Union, and the Port. The fees and expenses of the arbitrator shall be equally split between
the Parties; otherwise, each Party shall pay its own fees, expenses and costs, including
attorney fees, witness compensation, and transcript requests.
ARTICLE 30 - APPENDICES INCORPORATED INTO AGREEMENT (CCL)
By reference herein, the Appendices listed below are hereby made part of this Agreement and
do not require individual Employer-Union signature:
1. Appendix A – Pay Rates
2. Appendix B – Police Officers’ Bill of Rights
3. Appendix C – Drug/Alcohol Testing
ARTICLE 31 – CONFERENCE BOARD (CCL)
31.01 Board Members. There shall be a Department Conference Board consisting of
three (3) employees named by the Union and three (3) representatives of the Department
named by the Chief. The Chief, or his/her representative, shall sit as one (1) of the three (3)
employer representatives to the maximum extent practicable, but any of the six (6) members
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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may be replaced with an alternate from time to time. The Parties may mutually agree to bring
in additional persons with expertise in the matters being discussed.
31.02 Requests; Discussion. The Conference Board shall meet at the request of the
Union or the Port and shall consider and discuss matters of mutual concern pertaining to the
improvement of the Department and the safety and welfare of the employees. These matters
may include issues of development, committee membership, special team/unit assignments,
testing, et cetera.
31.03 Purpose. The purpose of the Conference Board is to deal with matters of general
concern to members of the Department as opposed to individual complaints of employees;
provided, however, it is understood that the Conference Board shall function in a
communications and consultative capacity to the Chief. Accordingly, the Conference Board
will not discuss grievances properly the subject of the grievance procedure, except to the extent
that such discussion may be useful in suggesting improved Departmental policies. Either the
Union representatives or the Port representatives may initiate discussion of any subject of a
general nature affecting the operations of the Department or its employees.
31.04 Agenda; Minutes. An agenda describing the issue(s) to be discussed shall be
prepared by the initiating party and distributed at least three (3) days in advance of each
meeting, and minutes may be kept and made available to members. Nothing in this section
shall be construed to limit, restrict, or reduce the management prerogatives outlined in this
Agreement.
31.05 Answer(s). The Conference Board shall provide an answer to those
issues/questions brought before it within a mutually agreed upon time.
ARTICLE 32 - TERM OF AGREEMENT: JANUARY 1, 2022 TO DECEMBER 31, 2024.
Wage rate effective dates and differentials shall be as provided for in Appendix A.
All other conditions shall be effective on the date the Agreement is signed or as otherwise
identified in this Agreement. All provisions of this Agreement shall extend from the effective
date to December 31, 2024. The Agreement may be opened to negotiate a successor
Agreement by either party giving notice in writing not later than sixty (60) days prior to the
expiration date.
PORT OF SEATTLE TEAMSTERS LOCAL UNION
NO. 763/IBT
STEPHEN P. METRUCK SCOTT A. SULLIVAN
Executive DIRECTOR Secretary-Treasurer
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 27
Date Date
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 28
APPENDIX A
PAY RATES
1. PAY SCHEDULE.
A. BASE WAGE
1/1/ 2022
Base Monthly Salary Rate
Commander $ 14,166.53
($ 81.73 per hour x 2080 hours / 12
months)
All base wage rates shall be rounded to the nearest whole cent.
(The above rate is based upon a 9.0% increase.
Effective January 1, 2022, the base monthly salary rate will be increased by nine percent
(9.0%).
Effective January 1, 2023, the base monthly salary rate will be increased by an amount
equal to 100% of the Seattle/Tacoma/ Bellevue CPI-U October 2021 -October 2022
with a 0% minimum and a 6% maximum.
Members of the bargaining group will also receive an additional one percent (1.0%)
increase above COLA.
Effective January 1, 2024, the base monthly salary rate will be increased by an amount
equal to 100% of the Seattle/Tacoma/ Bellevue CPI-U October 2022 -October 2023
with a 0% minimum and a 6% maximum.
Members of the bargaining group will also receive an additional two percent (2.0%)
increase above COLA.
B. Salary Compression.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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The base salary for Commanders (as listed above) shall be maintained at a level,
which is at least twenty percent (20%) above the base rate of pay for the Port
Police Sergeant "A" Classification.
Effective January 1, 2022, the salary compression shall be increased to twentyfive
percent (25%) above the base rate of pay for Port Police Sergeant “A”
Classification.
2 OTHER PAY CONSIDERATIONS.
A. Longevity Pay. Base pay for Commanders shall be increased by the following
longevity premium schedule based upon date of hire:
1. Two percent (2%) Longevity Premium: From the start of the sixty -first
(61st) full month to and including the one hundred and twentieth (120th) full
month of continuous employment, permanent employees shall be paid a
longevity premium of two percent (2%).
2. Five percent (5%) Longevity Premium: From the start of the one hundred
twenty-first (121st) full month to and including the one hundred a nd
eightieth (180th) full month of continuous employment, permanent
employees shall be paid a longevity premium of five percent (5%).
3. Seven percent (7%) Longevity Pay: From the start of the one hundred
eighty-first (181st) full month to and including the two hundred and fortieth
(240th) full month of continuous employment, permanent employees shall
be paid a longevity premium of seven percent (7%).
4. Nine percent (9%) Longevity Pay: From the start of the two hundred and
forty-first (241st) full month to and including the two hundred and sixtyfourth
(264th) full month of continuous employment, permanent employees
shall be paid a longevity premium of nine percent (9%).
5. Eleven percent (11%) Longevity Premium. From the start of the two
hundred and sixty-fifth (265th) full months of continuous employment and
beyond, permanent employees shall be paid a longevity premium of
eleven percent (11%).
B. Educational Incentive. Base pay for Commanders shall be increased by the
following educational incentive schedule:
Percent of Base Rate Degree
2% Associate of Arts Degree
4% Bachelor's Degree
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 30
6% Advanced Degrees (e.g. MA, MBA, JD)
C. Mandatory Direct Deposit. As a condition of continued employment, all
employees are required to participate in the Port’s direct deposit program for
payroll purposes.
D. Payroll Periods/Payroll Errors. All employees covered by this Agreement will
receive bi-weekly pay. In no case shall the Port hold back more than fourteen
(14) days pay. No deductions shall be made from paychecks without written
consent of the employee, except as provided by federal, state, or municipal law.
The Port agrees that if there is a payroll error resulting in an employee being
owed one hundred dollars ($100.00) or greater, in gross pay, the Port shall make
payment to the employee in the form of a separate check given to the employee
within two (2) regular work days. If there is a payroll error resulting in the
employee being owed less than one hundred dollars ($100.00), in gross pay, or
if there is a payroll error resulting in an employee being owed any amount of
excess compensation, the Port will include the pay correction on the employee’s
next regular paycheck.
E. Physical Ability Incentive Pay. Effective upon ratification by Local 763 and
approval by the Port Commission, Commanders shall be eligible to demonstrate
physical ability and receive an incentive as follows:
Annually, the Criminal Justice Training Commission (CJTC), or other mutually
agreed to third party, shall administer the CJTC standard Physical Abilities Test
(PAT) to bargaining unit participants. Those Commanders who pass at the
minimum fitness standards established by the CJTC shall qualify for a one
percent (1%) premium above the Commanders base rate of pay for the following
year.
Body Worn Cameras (BWC)
New Section: The parties agree to meet as soon as practicable to discuss Body Worn
Cameras. BWC may be implemented on or after June 1, 2023, unless an earlier
agreement is reached. If necessary, parties will continue bargaining effects in an
expedited manner.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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HR 34 PORT PROPOSAL as part of Sergeants Package Proposal
MEMORANDUM OF UNDERSTANDING
By and between
PORT OF SEATTLE
And
TEAMSTERS LOCAL UNION NO. 763
Affiliated with the International Brotherhood of Teamsters
Representing Police Commanders
Re: Port of Seattle COVID-19 Vaccination Policy Impacts Bargaining
The following Memorandum of Understanding (“MOU”) is entered between the Port of Seattle (“Port”)
and the Teamsters Local Union No. 763 regarding the Port of Seattle’s COVID-19 Vaccination Policy
as it applies Police Commanders. This MOU is intended to resolve bargaining over impacts of the
Port’s COVID-19 Vaccination Policy (HR-34) only.
1) All bargaining unit employees who verified proof of being vaccinated (as of November 15,
2021) (having received two doses of Moderna or Pfizer or one dose of the Johnson and
Johnson vaccine by November 15, 2021) shall receive one (1) personal day effective
January 1, 2024 on a one time non-precedent setting basis. The personal day will have
to be used in 2024 in accordance with the Port Payroll Calendar and not carried over to
a subsequent year.
2) Employees who resigned due to the Vaccine Policy or who were separated for failure to
comply will be placed on a rehire list until December 27, 2022 and will, upon request, be
allowed to bypass the written examination and interview process and apply to their previous
position, if the position remains available and funded, if the employee has been fully
vaccinated (per current HR-34 policy) and if the employee meets the qualifications of the
position. If two or more employees who are on the list express an interest for an open position
in the Department in which they were previously assigned, the employee with the most service
time within that Department will be selected for the position.
3) If an employee separated pursuant to Section 2 above returns to employment within one year
of separation, their seniority date shall be their original date of hire adjusted for the time period
of their separation.
4) Limitation of Booster Requirement: The Union reserves the right to challenge any future
requirement that employees covered by this agreement are required to get booster shots as a
condition of employment. The Port will communicate to Local 117 any booster requirement as
a condition of employment a minimum of 45 days prior to the Port’s desire to implement.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 33
5) The Union retains all rights under the collective bargaining agreement to file a grievance on
behalf of any represented employee who is separated from employment or denied an
exemption and/or accommodation based upon an alleged violation of the collective bargaining
agreement.
6) The Union reserves its right to challenge the reasonableness of HR-34 in any grievance
procedure.
7) The Parties do not concede their positions regarding decisional bargaining obligations with
respect to the vaccine mandate and retain the right to challenge the same. This agreement will
be void if any legal governing body finds that the Port has a decisional bargaining obligation
with regard to the Port’s vaccine mandate.
8) This MOU is entered between the parties on a one-time, non-precedent-setting basis, specific
to the circumstances presented herein.
9) This Memorandum of Understanding is effective upon signing.
PORT OF SEATTLE
STEPHEN P. METRUCK
Executive Director
Date
TEAMSTERS LOCAL NO. 117
CHAD BAKER
Secretary-Treasurer
_______________________________
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 34
APPENDIX B
POLICE OFFICERS’ BILL OF RIGHTS
All employees within the bargaining unit shall be entitled to protection of what shall hereafter
be termed as the “Police Officers’ Bill of Rights” which shall be added to the present Rules and
Regulations of the Port Police Department. The wide ranging powers and duties given to the
Department and its members involve them in all manner of contacts and relationships with the
public. Of these contacts come many questions concerning the actions of members of the
force. These questions often require immediate investigation by superior Officers designated
by the Chief. In an effort to insure that these investigations are conducted in a manner which
is conducive to good order and discipline, the following guidelines are promulgated:
A. The Police Commanders covered by this Agreement do not waive, nor will they
be deprived of, any of their Constitutional or Civil Rights guaranteed by the
Federal and State Constitution and Laws, afforded a citizen of the United States.
B. The following procedures shall apply to all administrative (i.e., non-criminal)
investigations of misconduct, which if proved could reasonably lead to a
suspension without pay or termination for that Officer. In such cases, the
employee shall be informed in writing of the nature of the investigation and
whether the employee is a witness or subject of the investigation.
If an employee is a subject of the investigation, prior to an investigative interview
the Port shall provide the employee with that information necessary to reasonably
apprise the employee of the allegations of such complaint. Except in unusual
situations, this information shall include the name of the complaining party. The
above applies in cases of misconduct, and violations of Department rules and
regulations. When the Internal Investigation Section is assigned to investigate
non-criminal cases, the accused shall be notified within five (5) working days.
C. Any interrogation of an employee shall be at a reasonable hour.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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D. The interrogation (which shall not violate the employee’s constitutional rights)
shall take place at a Port of Seattle Police station facility, except when impractical.
The employee shall be afforded an opportunity and facilities to contact and
consult privately with an attorney of the employee’s own choosing and/or
representative of the Union before being interrogated.
An attorney of the employee’s own choosing and/or a representative of the Union
may be present during the interrogation, but may not participate in the
interrogation except to counsel the employee.
E. The questioning shall not be overly long and the employee shall be entitled to
such reasonable intermissions as he/she shall request for personal necessities,
meals, telephone calls, and rest periods.
F. The employee shall not be subjected to any offensive language, nor shall he/she
be threatened with dismissal, transfer, or other disciplinary punishment as a guise
to attempt to obtain his/her resignation, nor shall he/she be intimidated in any
other manner. No promises or awards shall be made as an inducement to answer
questions.
G. The Port will comply with any applicable state or federal restrictions that prohibit
the use of a lie detector or similar tests as a condition of continued employment.
H. An employee shall be permitted to read any material affecting his/her
employment before such material is placed in the employee’s personnel file, and
an employee shall be allowed to rebut in writing material placed in his/her
personnel file. Such written rebuttal shall also be included in the employee’s
personnel file.
I. A Commander may make a request to the Office of the Chief to review material
that references the Commander, contained in the Blue Team / IA Pro. The
Commander will be allowed access to review such materials unless they are part
of an active investigation or otherwise protected from disclosure by law.
J. The Police Department will notify a Commander prior to providing written
materials to the prosecutor’s office regarding an internal investigation unless to
do so would jeopardize an on-going criminal investigation.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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K. As a Department locker is assigned to an Commander, who places his/her lock
on such locker, locker search without notice may not be conducted without the
permission of the Officer or without a search warrant, provided, however, with
twenty-four (24) hour notice to the Officer involved, a locker inspection may be
conducted by the Chief or the Chief’s designee. Such an inspection may be
conducted by order of the Chief without the requirement of employee’s
permission and without a search warrant. The employee shall have the right to
be present during such locker inspection.
L. Commanders will have an opportunity to sign complaints of misconduct or
resulting findings of such complaints before such material is entered into their
personnel files. The Commander’s signature constitutes acknowledgment that
he/she has seen the material prior to its filing.
M. All case documentation shall remain confidential within the Internal Investigation
Section and to the Chief. Only cases which are classified as sustained shall be
forwarded to the Department Administrative file as well as a conclusion of findings
to Human Resources and Development for inclusion in the employee’s personnel
records.
N. There shall be a separate confidential Internal Investigation Section file for
unfounded cases. Such unfounded case file may be opened for legitimate “need
to know” reasons with the approval of the Chief and/or Deputy Chief. Such
approval will be documented.
O. The Police Department will maintain in a secure location a personnel file for each
bargaining unit employee. Every person who signs out a file must complete the
Personnel File Access Form contained in the file. The form will include a place
for the name of the person signing out the file, the purpose, and the dates the file
was signed out and returned.
P. If for any reason an employee’s personnel file or an internal affairs case in which
the employee is identified as a subject is requested pursuant to the Washington
State Public Records Act, RCW 42.56, the Department will provide to the affected
employee(s) timely notice and a complete copy of the request.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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APPENDIX C
DRUG/ALCOHOL TESTING
PREAMBLE
While abuse of alcohol and drugs among our members is the exception rather than the rule,
the Teamsters Local 763 Police Commanders’ Negotiating Committee shares the concern
expressed by many over the growth of substance abuse in American society.
The drug/alcohol testing procedure, agreed to by labor/management, incorporates state-of-theart
employee protections during specimen collection and laboratory testing to protect the
innocent.
In order to eliminate the safety risks which result from alcohol or drugs, the parties have agreed
to the following procedures.
As referred to herein, testing shall be applicable to all entry level probationary employees and
any other employee for whom the Port has a reasonable suspicion that the employee is working
while under the influence of alcohol or drugs.
A. Illicit substance or drug abuse by members of the Department is unacceptable
and censurable conduct worthy of strong administrative action.
B. Preconditions to Drug/Alcohol Testing. Before an employee may be tested for
drugs or alcohol based on a reasonable suspicion, the Port shall meet the
following prerequisites.
1. The Port shall inform employees in the bargaining unit what drugs or
substances are prohibited.
2. The Port must provide in-service training containing an educational
program aimed at heightening the awareness of drug and alcohol related
problems.
3. The Port and the Union shall jointly select the laboratory or laboratories
which will perform the testing.
4. The Chief or Deputy Chief shall be the Police Department representatives
to authorize or to approve a drug/alcohol test.
5. The Officer authorizing or approving a drug or alcohol test under this
Appendix C shall provide a written report to the Chief, and to the employee,
if requested, that documents the basis for ordering the test under the
reasonable suspicion standard. The report shall be completed no later
than the end of the shift on which the test was ordered.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
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6. The Port shall not use the drug-testing program to harass any Officer.
C. The Department shall also have the discretion to order any entry level
probationary sworn employee to submit to a blood, breath, or urine test for the
purposes of determining the presence of a narcotic, drug, or alcohol a minimum
of two (2) times during such employee's entry level probationary period. These
tests will be conducted in the following manner:
1. Tests will be administered to each entry level probationary employee a
minimum of two (2) times, at various intervals, during the probationary
period.
2. Entry level probationary employees shall only be tested while on duty.
3. The providing of a urine sample will be done in private.
4. Obtaining of urine samples shall be conducted in a professional and
dignified manner.
5. A portion of urine samples shall be preserved to permit the following:
a. Positive samples shall be tested utilizing a gas
chromatography/mass spectrometry (GC/MS) test.
b. A third (3rd) test for positive samples shall be conducted if requested
by the employee, at Port expense, by a reputable laboratory of
mutual choice.
The exercise of this discretion by the Department shall be deemed a term and
condition of such employee's period of entry level probation, and need not be
supported by any showing of cause.
If any employee is ordered to submit to these tests involuntarily, the evidence
obtained shall be used for administrative purposes only.
D. Testing Mechanisms. The following testing mechanisms shall be used for any
drug or alcohol tests performed pursuant to the testing procedure:
1. It is recognized that the Employer has the right to request the laboratory
personnel administering a urine test to take such steps as checking the
color and temperature of the urine samples to detect tampering or
substitution, provided that the employee's right of privacy is guaranteed,
and in no circumstances may observation take place while the employee
is producing the urine sample. If it is established that the employee's
specimen has been intentionally tampered with or substituted by the
employee, the employee is subject to discipline as if the sample tested
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 39
positive. In order to deter adulteration of the urine sample during the
collection process, physiologic determinations such as creatinine and/or
chloride measurements may be performed by the laboratory.
2. The parties recognize that the key to chain of possession integrity is the
immediate labeling and initialing of the sample in the presence of the
tested employee. If each container is received at the laboratory in an
undamaged condition with properly sealed, labeled and initialed
specimens, as certified by the laboratory, the Employer may take
disciplinary action based upon properly obtained laboratory results.
3. Any screening test shall be performed using the enzyme immunoassay
(EMIT) method.
4. Any positive results on the initial screening test shall be confirmed through
the use of the high-performance thin-layer chromatography (HPTLC), gas
chromatography (GC) and GC/MS. If at any time there exists a test with
a higher rate of reliability than the GC/MS test, and if such test is
reasonably accessible at a reasonable cost, such test shall be used in
place of the GC/MS test if requested by the Union.
5. All samples which test negative on either the initial test or the GC/MS
confirmation test shall be reported only as negative. Only samples which
test positive on both the initial test and the GC/MS confirmation test shall
be reported as positive.
6. In reporting a positive test result, the laboratory shall state the specific
substance(s) for which the test is positive and shall provide the quantitative
results of both the screening and the GC/MS confirmation tests, in terms
of nanograms per milliliter. All positive test results must be reviewed by
the certifying scientist or laboratory director and certified as accurate.
E. Procedures to be used when the sample is given. The following procedures shall
be used whenever an employee is requested to give a blood or urine sample.
Normally, the sample will be taken at the laboratory. If taken at another location,
transportation procedures as identified shall be followed. All sample taking will
be done under laboratory conditions and standards as provided by the selected
laboratory:
1. Prior to testing, or if incapacitated as soon as possible afterwards, the
employee will be required to list all drugs currently being used by the
employee on a form to be supplied by the Port. The Employer may require
the employee to provide evidence that a prescription medication has been
lawfully prescribed by a physician. If an employee is taking a prescription
or non-prescription medication in the appropriate described manner and
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 40
has noted such use, as provided above, he/she will not be disciplined.
Medications prescribed for another individual, not the employee, shall be
considered to be illegally used and subject the employee to discipline.
2. When a blood test is required, the blood sample shall be taken promptly
with as little delay as possible. Immediately after the samples are drawn,
the individual test tubes shall, in the presence of the employee, be sealed,
labeled and then initialed by the employee. The employee has an
obligation to identify each sample and initial same. If the sample is taken
at a location other than the testing laboratory, it shall be placed in a
transportation container after being drawn. The sample shall be sealed in
the employee's presence and the employee given an opportunity to initial
or sign the container. The container shall be stored in a secure and
refrigerated atmosphere, and shall be delivered to the laboratory that day
or the soonest normal business day by the fastest available method.
3. In testing blood samples, the testing laboratory will analyze blood/serum
by using GC/MS as appropriate. Where Schedule I and II drugs in blood
are detected, the laboratory is to report a positive test based on a
forensically acceptable positive quantum of proof. All positive test results
must be reviewed by the certifying scientist or laboratory director and
certified as accurate.
4. When a urine sample will be given by the employee, the employee shall
be entitled, upon request, to give the sample in privacy. In most cases,
this process will take place at laboratory. The sample container shall
remain in full view of the employee until transferred to, and sealed and
initialed in the two (2) tamper resistant containers and transportation
pouch.
5. Immediately after the sample has been given, it will be divided into two (2)
equal parts. Each of the two (2) portions of the sample will be separately
sealed and labeled. If the sample is taken at a location other than the
laboratory, it shall be stored in a secure and refrigerated atmosphere. One
(1) of the samples will then be delivered to a testing laboratory that day or
the soonest normal business day by the fastest available method.
6. The sample will first be tested using the screening procedure set forth in
Section (D) (3) of this appendix. If the sample tests are positive for any
prohibited drug, the confirmatory test specified in Section (D) (4) of the
appendix will be employed.
7. If the confirmatory test is positive for the presence of an illegal drug, the
employee will be notified of the positive results within twenty-four (24)
hours after the Port learns of the results, and will be provided with copies
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 41
of all documents pertinent to the test sent to or from the Port by the
laboratory. The employee will then have the option of submitting the
untested sample to a laboratory of mutual choice, at the Port's expense.
8. Each step in the collecting and processing of the urine samples shall be
documented to establish procedural integrity and a chain of evidence. All
samples deemed "positive" by the laboratory, according to the prescribed
guidelines, must be retained, for identification purposes, at the laboratory
for a period of six (6) months.
F. Consequences of Positive Test Results.
1. An employee who tests positive shall have the right to challenge the
accuracy of the test results before any disciplinary procedures are invoked
as specified in Section (F) (2) below.
2. Consistent with the conditions of the appendix, the Employer may take
disciplinary action based on the test results as follows:
Confirmed positive test – Employee is subject to discharge.
G. Employee Rights.
1. The employee shall have the right to a Union representative during any
part of the drug testing process.
2. If at any point the results of the testing procedures specified in the
appendix are negative, all further testing shall be discontinued. The
employee will be provided a copy of the results, and all other copies of the
results (including the original) shall be destroyed within twenty-four (24)
hours after the test results have been received by the Employer. All
positive test results will be kept confidential, and will be available only to
the Chief, one designated representative of the Chief, and the employee.
3. Any employee who tests positive shall be given access to all written
documentation available from the testing laboratory which verifies the
accuracy of the equipment used in the testing process, the qualifications
of the laboratory personnel, the chain of custody of the specimen, and the
accuracy rate of the laboratory.
Port of Seattle / Teamsters Local 763 Police Commanders
January 1, 2019 – December 31, 2021
Page 42
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