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' Item No. 4c attach Meeting date: Agril 12, 2016 Maintenance Agreement Between The Port of Seattle And The Pacific Northwest Regional Council of Carpenters January 1, 2016 December 31, 2018 ' 3/28/2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PORT OF SEATTLE AND PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS TABLE OF CONTENTS ARTICLE . PAGE 1 UnionRecognition 2 2 Management Rights............... . ............................................ 2 3 Maintenance of Membership ............... . ................................... 3 4 Special Assignments. . .. ................. . ............. . ........................ 3 5 Definitions ................ .. ......... ..... .......................... 3' 6 Probationary Period...................... . ...................... . .......... 4 7 Hiring Notication ..................................... . ......... . .' ....... 4 8 Terms and Conditions .................... . .................................... 5 9 WorkWeek/WorkDay..... ...... ............. .. 6 I 10 Overtime ............ . .. .......... .. ......................................... 6 ll Shi Differentials ........ . ...................................................................... 7 12 Business Representative Access ................. . ................... . 7 13 Shop Stewards ......................... . ........ .. ........... . ..... '8 i4 FringeBenets ...... ....... .................................... 8 15 Deferred Compensation ....................................................... 9 16 Non-Discrimination ............... _ .............................. ............... 9 . 17 Holidays ............ . ..... . ...................................................... 9 18 Paid Time Off ................................................................. I2 19 Bereavement . . . . ................................ . ............................. 15 20' Labor/Management.......... . . . . . ...... . ................................... 15 21 Settlement of Disputes, Discharge, Suspension... . . . . . ..- ........... 16 22 Savings Clause..... ....................... ,..................................... 17 23 Safety Shoes. ..- .................. . .................... . ..................... 17 .. 18 24 Flexible Spending Account .......................................... 18 Bi~Weekly Pay................................................ ........ 25 18 26 Miscellaneous.................................................................. 18 27 Effective Date and Duration.................................................. 20 LetterofFebruary10,1965......... This Agreement is made and entered into by and between the Port of Seattle and the Pacific Northwest Regional Council of Carpenters on January 1, 2009, for the purpose of establishing wages, hours of work, terms and conditions of employment and other items deemed important by the parties, and shall be subject to any Federal or State Law and the terms of the Port's Salary and Benefit Resolutions and, in accordance with existing State Law. Nothing in this agreement shall be construed to permit either the Union or any employee to cause or engage in a strike or stoppage of work, or slowdown or similar activity against the Port of Seattle. Should any provision hereof become unlawful-by virtue of any Federal or State Law, or conflict with any resolution of the Port of Seattle, or any rule or regulation promulgated by the Port of Seattle, such provision shall be modified to comply with such law, resolution, rule or regulation. ARTICLE I UNION RECOGNlTlON Since the Pacific Northwest Regional Council of Carpenters is no longer affiliated with the Seattle/ King County Building and Construction Trades Council, and desires to bargain independently from that organization, the Port of Seattle reaffirms its recognition of the Pacific Northwest Regional Council of Carpenters, (hereinafter referred to as the "Union"), as the Collective Bargaining representative of the "unit employees" of the Port of Seattle who are employed in crafts or job classifications which would otherwise be covered by collective bargaining agreements between the Union and other employers performing similar scopes of work in the Puget Sound region, for the following purposes and subject to the following conditions: The Port recognizes the Union as the sole and exclusive bargaining agent for all employees of the Port performing work historically covered by this agreement or agreements prior to this agreement of which the Port and the Union were parties thereto. ARTICLE ll MANAGEMENT RIGHTS The Port retains all rights except those rights that are limited by the subsequent Articles of this Agreement or applicable law. Nothing anywhere in this agreement shall be construed to impair the right of the Port to conduct all its business in all'particulars except as modified by the subsequent articles of this Agreement and the Letter of 1965 as attached (Appendix A). Portm Pnacc 3/28/2016 ARTICLE Ill MAINTENANCE OF MEMBERSHIP shall on the date of signing of thisagreement All present employees who are members of the Union who are not members of the union remain members as a condition of employment. Present employees shall become members of the union within the time at the date of the execution of this agreement of Labor Agreement and shall remain members as a condition period specified under the union's Master under this agreement if the Port has reasonable grounds employment. No employee will be terminated for believing: conditions on the same terms and 1. That union membership was not available to the employee or generally applicable to other union members, reasons other than the failure of the 2. That union membership was denied or terminated for the initiation fee uniformly required as a condition of employee to tender the periodic dues and acquiring or retaining membership. otherwise the termination of employment of non-complying The Port shall discharge or cause the Port's Senior Director of Labor Relations from the- employees upon receipt of written request to to the Port, the union shall notify the affected union. Prior to sending a written request for termination Such termination of employment shall be within five employee of its intention to request termination. the Port's Director of Labor Relations. ~ (5) working days of receipt of written request by ARTICLE IV SPECIAL AGREEMENTS execute separate special agreements regarding it is agreed that the Port of Seattle and the Union may Maintenance Agreement or the letter of 1965 or area Master special conditions not covered by this or the area Labor agreement. Such special agreements may supplement this Maintenance Agreement Master Labor Agreement. of this agreement. Appendices shall be located at the end ARTICLE V DEFINITIONS who have been hired by the A. Regular Employees: Regular employees shall mean those employees with the Port's required posting and selection Port as Full Time Equivalents (FTE's) in accordance procedures. Port "Ra. 3/28/2016 B. Apprentices: Apprentice employees are those employees who are registered with the State of Washington and are participating in a State approved training program administered by a State approved joint labor~management committee. C. Temporary Employees: Temporary employees shall mean those employees who have been hired by the Port to meet temporary needs. Such employees are hired without the necessary posting requirements to qualify them for regular employment. The employment period for a temporary employee shall not exceed one hundred eighty (180) calendar days between employment and termination. D. Emergency: Civil emergencies such as, but not limited to, earthquakes, floods, extreme weather, or fire will be declared by the CEO of the Port. ARTICLE Vi PROBATIONARY PERIOD A new employee, excluding temporary or emergency employees, shall be subject to a one hundred and eighty (180) calendar day probationary period commencing with his/her first compensated day of regular employment. The probationary period shall be extended one (1) day for each day that the employee is absent. During this period, such employee shall be considered as being on probation subject to termination at any time at the sole discretion of the Employer. Discharge of an employee during this probationary period shall not be subject to the Grievance Procedure. ARTICLE Vii HIRING NOTIFICATION A. Notification of Vacancies: The Port will advise the Union at the time of any employment openings. Openings for job vacancies in aviation maintenance will also be posted on the Port of Seattle's website. B. Notification of Employees Hired: The Port shall advise the Union of the names and social security numbers of Port employees covered by this Agreement within seven (7) calendar days following the date of employment. ' Port PNRCC Ui 3/28/2016 ARTICLE VII] TERMS AND CONDITIONS Port Rate: The Port shall pay, on an hourly basis, to all regularjourney level employees an hourly rate equal to 88% of the construction rates as defined by the Area Master Labor Agreement between the Union and their construction contractors. This shall not apply under circumstances defined by paragraphs B. and C. below. Crew Chief/Foreman rates and rates for other classifications shall be adjusted accordingly, keeping their existing relationships to Port journey level rates. - The Port rate applies to all maintenance work. it shall also apply to new construction pursuant to RCW 53.08.120 if the work is performed by employees covered under this Maintenance Agreement. Compound Crew Chief/General Foreman Pay: Effective upon ratification by the parties, the calculation of Crew Chief/Foreman pay will be fifteen percent (15%) above the Port of Seattle full-time employee (FTE) rate of pay in each classification (Millwright, Carpenter, and Pilebuck). Supervision of members of other crafts, contracted employees or temporary or emergency hires will have no impact on the pay rates for Crew Chlefs/Foremen. similarly, General Foreman pay will be calculated at ten percent (10%) above the Port of Seattle full-time employee Crew Chief/Foreman rates. cl - Termination Pay: A regular employee who is terminated because of lack of work, or a cut back in the number of employees, who has worked less than one year will be paid off at the construction worked less payment received for wage rate starting at the date of employment, for the time holidays and vacations. ' Such adjusted construction wage rate termination payments shall be limited to employees who are laid off solely to reduction in force. Construction Conditions for Emergency Hires: All emergency employees hired by the Port shall be paid on a per diem basis at the construction rate with fringe benefits as provided for in the Area Master Labor Agreement. Apprenticeship: The Port and the Union agree that it is important to have a highly trained work force. To this end the Port agrees to work with the Union on developing policies promoting the employment of apprentices as part of the work force covered by this Agreement. Port PNRCC @E g 3/28/2016 ARTICLE IX WORK WEEK/WORK DAY A normal workweek shall be defined as: 1. Standard Work Week~ Five (5) consecutive days beginning on Monday and ending on Friday. There shall be two (2) consecutive days rest period between standard workweeks. ' 2. 4~1O Work Week Four (4) consecutive days beginning on Monday and ending on Thursday or beginning on Tuesday and ending on Friday. There shall be three (3) consecutive days rest period between 4 ~10 workweeks (Friday, Saturday and Sunday or Saturday, Sunday and Monday). A standard workday shall be defined as: . 1. Eight and one-half (8-1/2) consecutive hours of which a meat period of one-half (1/2) hour would be included on the employee's time, or 2. Ten and one-half (10-1/2) consecutive hours of which a meal period of one-half (1/2) hour would be included on the employee's time. 3. A thirty (30) minute meal period shall be granted after four (4) consecutive hours of an eight (8) hour shift and after five (5) consecutive hours of a ten (10) hour shift. The workweek may be changed or modified to meet operational requirements as provided In the Area Master Labor Agreement. Any changes will occur only after consultation with the Union. Article Vlli A. and B. apply unless otherwise modified as provided in this Agreement. - ARTICLE X OVERTIME Overtime in excess of the regular workday and on regular days off will be at time and one-half (11/2) unless a higher rate is required by a Union's building and construction trades agreement or by letter of agreement that has been negotiated and agreed to by the Port. Bl Hours worked prior to an established shift and hours worked after an established shift will be at overtime wage. On a Monday through Friday the first four (4) hours will be at time and half (1 1/2). All additional shall be at two (2) times the straight time rate of pay. On a four ten (10) hour shift Monday through Thursday the first two (2) hours will be at time and half (1 V2). Ali additional shall he at two (2) times the straight time rate of pa . Port PNRCC "(A 3/28/2016 the same as those set in the C. Unless otherwise agreed with the Portl other premium rates will be Area Master Labor Agreement. ARTICLE XI SHIFT DIFFERENTIALS A. to 8:00 a.m. Day Shift: Day shift shall be the nearest starting time to 4:00 pm. Actual start times may be 3. Swing shift: Swing shift shall be the nearest starting time hour shift shall receive a shift between 1:00pm. and 6:00pm. Employees working a full eight (8) When the Area differential of 10% over their regular rate when required to work swing shift. for working less than a full eight Master Labor Agreement affords employees eight (8) hours pay of 7.5% over their regular rate when (8) hour shift, employees shall receive a shift differential required to work swing shift. to 12:00 midnight. Actual start C. Graveyard Shift: Graveyard shift shall be the nearest starting time a full eight (8) hour shift shall times may be between 10:00pm. and 1:00 am. Employees working to work graveyard shift. receive a shift differential of 15% over their regular rate when required hours pay for working less When the Area Master Labor Agreement affords employees eight (8) differential of 10% over their regular than a full eight (8) hour shift, employees shall receive a shift rate when required to work graveyard shift. the same as those set in the D. Unless otherwise agreed with the Port, other premium rates will be Area Master Labor Agreement. ARTICLE Xll BUSINESS REPRESENTATIVE ACCESS the AOA (Airport Operations Area) The Port agrees to allow reasonable access to Port facilities excluding authorized by the Union. Such access shall be for business representatives who have been properly functions of the department or the Port. This Article permitted in a manner as not to interfere with the and the Airport Security shall apply within the constraints of Federal or State regulations and statutes, Plan. PNRCC ill 9! Port 3/28/201 6 ARTICLE XIII SHOP STEWARDS The Union has the right to appoint a maximum of three (3) shop stewards, one per shift plus an alternate. Those shop stewards shall have the right to engage in necessary contract~reiated matters including advising employees and assisting those facing discipline without loss of pay irrespective of when those events occur. Claims of alleged abuse of this right are matters for the grievance and arbitration procedure set forth in this Agreement Shop Stewards on behalf of the Union shall have the authority to represent employees in the processing of complaints or grievances. The Port understands that Shop Stewards are agents of the Union, but as agents, their decisions in resolving matters are subject to Union approval. ARTICLE XIV FRINGE BENEFITS A. Benefit Coverage: The Port shall continue to provide benefits coverage under the conditions set forth in the Area Master Labor Agreement in the same amount and manner now in effect or hereafter modified during the term of this Agreement which has been historically followed by the Port. Fringe benefit contributions shall not be made on vacation hours paid, on holiday paid hours, or on bereavement paid hours not worked. However, contributions shall be made on holiday hours worked. B. Trust Agreements: The Port and the appropriate Unions adopt and shall be bound by the terms and conditions of such trust or trusts as set forth in the current Area Master Labor Agreement. The action heretofore or hereafter performed by the Trustees of such trust or trusts are hereby adopted by the Port and the Union. Fringe benefit contributions shall not be made on vacation hours paid or on holiday paid hours not worked. However, contributions shall be made on holiday hours worked. C. Health and Welfare: For the term of the contract, if the employer's premium contribution on benefits increase at any time and such increase exceeds five percent (5.0%) of the employer's premium contribution rate in existence in the previous contract year, the parties agree to reopen the contract on the issue of health benets only to bargain premium cap limits, premium share, or some other means of controlling future premium increases. Port PNRCCQ lg : 3/28/2016 from the medical benefits trust to insure The Union will assist the Port in acquiring information Act. At any time during the term of the that the Port is in compliance with the Affordable Care of Western Washington become agreement, if the benefits provided by the Carpenter's Trust to meet and discuss the impact. subject to an excise penalty, the parties agree ARTICLE XV DEFERRED COMPENSATION in the Port of Seattle's Deferred Compensation Plan as Employees shall be eligible for participation be subject to the terms and revised December 8, 1981. Eligibility and participation of employees shall or possible cancellation. it is further conditions of such plan including any plan amendments, revisions, and any determinations made under the plan agreed that content of the plan itself, plan administration, or to any other provisions of the shall not be subject to grievance or arbitration procedures the Area Master Labor Agreement or to negotiation by Maintenance Agreement or the Letter of 1965, the Union. ARTICLE XVI NON-DISCRIMINATION The Port embraces, and in fact relies on having a The Port of Seattle is an equal opportunity employer. work in surroundings that are free from all forms of diverse workforce. Every employee has the right to the Union will not engage in, or tolerate, any discrimination in unlawful discrimination. The Port and the law. Specifically, no employee will be discriminated workplace prohibited by local, state or federal national origin/ancestry, religion, disability, Family against on the basis of his or her age, race, color, sexual orientation, whistleblower'statns, marital Medical Leave Act (FMLA) use, pregnancy, sex/gender, other workers' compensation, transgender status, political beliefs, or any status, military status, use of state or local law ("Protected Status"). category protected by applicable federal , ARTICLE XVII HOLIDAYS ' shall be observed A. Designated Holidays: The following twelve (12) days, or days in lieu thereof, as set forth in this Article. and recognized as paid holidays for regular employees PNRCC Ila? I Port 3/28/2016 New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day . Last Monday in May independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Day After Thanksgiving - Fourth Friday in November Christmas Day December 25 Three Employee Designed FloatersTo be taken anytime during contract year Any date commonly observed, as designated by State or national authority, may be observed as a holiday and paid for as such in lieu of the date designated above for the paid holidays listed. B. Other Holiday Observance Considerations: Whenever any of the above holiday falls on a regular employee's normal day off, either the last scheduled workday of the employee's previous workweek or the first scheduled workday of the following week shall be observed as the holiday and paid for accordingly. in such an instance the Port shall decide whether the last " ' preceding workday or the first workday of the following week is to be observed. C. Holiday Pay Rate and Qualifications: Each regular employee shall receive eight (8) or ten (10) hours' holiday pay at his/her hourly (day shift) rate of pay for the holidays designated in A. above, provided: 1. The employee has been employed by the Port as a regular employee for thirty (30) calendar days. 2. That the regular employee worked the regularly scheduled workday prior to, and the first scheduled workday following the holiday. Exceptions will be made In cases where absence on the workdays prior to or following were due to: a) An industrial injury sustained in the course of his/her employment. b) A bona fide illness covered by a Doctor's certificate and when the employee has not been off as a result of such injury or illness for a period of more than two (2) weeks preceding such holiday. Employees who are absent due to an industrial injury on the holiday and who receive Washington State Workers' Compensation for the date of the holiday shall not additionally receive holiday pay. Port PNRCC 3% 3 3/28/201 6 I 0 0) Portrreiated court appearances as confirmed by Port counsel, scheduled shift, 6) Jury duty when jury service occurs on the employee's regularly e) Military leave, basis f) Non-Port related court appearances should be reviewed on a case-by-case and may or may not be qualifying. However, appearance as a subpoenaed counsel prosecution witness would be qualifying (date subject to confirmation by of record), g) When leave without pay is scheduled the day before or the day after the holiday, hours in and provided the leave is approved by management at least forty-eight advance, is on it) Other absences not covered-by this article, which occur while the employee - leave without pay, would be disqualifying. D. Holidays and Vacations; if a holiday falls within the vacation period of a regular for such holiday, provided the employee, the employee shall he paid as set forth above and the first scheduled workday following employee works the last scheduled workday prior to the employee's vacation. who perform work on any of the above Pay for Time Worked on Holidays: Regular employees actual time worked at the overtime rate; holidays shall be paid, in addition to holiday pay, the rate of pay. however, the minimum shall be four (4) hours at the overtime at the Holiday Pay for Shift Workers: Regular employees normally working shift will be paid - rate of the shift rate to which the employee is assigned. to accumulate Accumulation of Floating Holidays: Regular employees will be permitted a maximum of forty (40) hours. "Employee Designated floaters" and may carry from year to year the end of a given year will be forfeited. Any hours in excess of forty (40) not used by pnncciL Port 3/28/2016 11 ARTICLE XVIII PAID TIME OFF A. Rates of Accrual: Effective upon ratification between the parties paid time off is earned as follows: From Date of Hire Through 59'" Month: Based on the first day of employment, from the first full month to and including the fifty~ninth (59") full month of continuous employment, regular employees shall accrue paid time off at the rate of .07538 per compensated straight time hour ( .07538 x 2080 annual hours = 156.6 hours per year). From the 60''1 Month Through 119'" Month: From the sixtieth (60") full month to and including the one hundred ninteenth (119m) full month of continuous employment, regular employees shali accrue paid time off at the rate of .09462 per compensated straight time hour ( .09462 x 2080 annual hours = 196.8 hours per year). From the 120'h Month Through 179'h Month : From the one hundred twentieth (120") fuil month to and including the one hundred seventy nineth (179m) fuli month of continuous employment, regular employees shali accrue paid time off at the rate of .10423 per compensated straight time hour( .10423 x 2080 annual hours = 216.8 hours peryear). After 180'h Month: After completion of fifteen '(15) years of continuous empioyment starting with one hundred eightieth month, regular employees shall accrue paid time off at the rate of .11385 per compensated straight time hour (.11385 X 2080 annual hours = 236.8 hours per year). B. Limits on Accumulating Paid Time Off: Paid time off accumulation shall be limited to four hundred and eighty (480) hours. C. Paid Time Off for Shift Workers: Regular employees normally working shift will be paid at the rate of the shift rate to which the empioyee is assigned, provided the employee works more than fifty percent (50%) of their hours on such shif ' . D. Scheduling of Paid Time Off: Paid time off assignments will be made at the Port's discretion, following six (6) months of continuous service. A reasonable method for giving due consideration to the employee's requests will be developed by management for paid time off schedules. i Port PNRCC gs 3/28/2016 12 work through no fault on the part of the E. Layoff: Employees who are laid off or without are of service for paid time off purposes provided they employee will not suffer a break in length no paid time off will accrue rehired within six (6} months of the date of the layoff. However, during that period of time. rolling calendar F. Same-Day Call ins: Same day call-ins shali be limited to five instances per one call in. subsequent to the call in shall only count as year. Continuous consecutive days due to illness, surgery G. Physician's Release: if an employee ls absent longer than two weeks has the responsibility hospitalization of any kind, the employee or accident or has experienced and Ire/she is accident to his/her manager at the first opportunity, to report the illness, injury or to returning to work. as fit for duty to the manager prior required to submit a physician's release . considered on a case-by- or limited duty) will be Physician's releases with restrictions (Le. - light accommodations will be examined. case basis, and while not guaranteed, V on a of absence without pay (LWOP) will be approved H. Leaves of absence without pay: Leaves the work group. Requests for leave without pay are case-by~case basis, based on the needs of work place and will not be authorized unless all appropriate not guaranteed time away from When the absence Is for personal reasons, all paid paid leave accruals have been exhausted. exhausted first. Authorization of LWOP requests vacation leave and floaters must have been consideration of workload and personal will be considered on a casenby~case basis, with hours per calendar year, with allowance for circumstances. LWOP will be limited to forty (40) discretion. special considerations at management's who convert to Regular Employees: Emergency 1. Paid Time Off Accruals for Emergency hires hires who convert to regular employees shall have their hire dates adjusted by the time calendar days for one hundred eighty (180) employed as an emergency hire during the previous time off accrual rate, but shall not earn the purpose of determining their appropriate paid hire. The total calendar time period including accruals for the time spent as an emergency date of hire for an individual who was weekends shall be used to compute the adjusted as a but in no case shali the adjusted date of hire originally employed as an emergency hire, and eighty (180) days. regular employee be more than one hundred Employees may cash-out paid time off (PTO) J. Voluntary Cash-Out of Paid Time Off Hours: cash out of PTO as applied to non-represented according to the limits and procedures for the PTO cash to the limits and procedures affecting employees. They shall be notified of changes out. PNRCC :fg Port '. 3/28/2016 13 K. Extended illness (El): Effective upon ratification by the parties, eligible, full-time employees will accrue Extended illness leave at the rate of a half-day a month (.02308 hours accrued per straight-time hour paid). Extended illness leave may accumulate with no maximum limit. in the event of illness, Extended Illness leave up to the accrued balance may be used after employment of at least 30 days. Extended illness leave can be used for instances of employee or immediate family member illness, injury or disability. Extended illness leave can also be used for an employee's health care appointments. "Preventive health preventive care appointments" are limited to an employee's annual physical, dental, vision and cancer screening examinations. immediate defined as spouse or domestic family shall be partner and the parents or children of the employee, spouse or domestic partner. ' in special circumstances, Human Resources and Development Management may include others in this definition. in the instance of employee illness, injury or disability, Extended illness leave after the equivalent of two Working may be used only days of absence over the course of three consecutive workdays. The first two working days will be charged to Paid Time Off (PTO) acc'ounts. Extended However, Illness leave may be used immediately for in-patient hospitalization; workers compensation injuries or illnesses; approved Family and Medical Leave Act leave related to a medical condition of an employee or an eligible family member; illness, injury or disability of an immediate family member under the Washington Family Care Act; Illness, injury or disability of a probationary employee; preventive health care appointments; or if PTO is exhausted. intermittent leave (with no more than 15 days between absences) caused by the same medical condition may he charged to Extended illness without using the equivalent of two of PTO at the start of each subsequent working days absence. Management may at any time require a physician's statement to justify use of Extended illness leave. A physician's release shall be required prior to the return to work by an employee who has experienced inpatient hospitalization of any kind that requires an absence from work or who has suffered an absence of longer than two weeks due to illness, surgery, or an accident. Upon termination or retirement immediately following five consecutive years of active employment with the Port of Seattle, an eligible employee shall be compensated for 50% of his or her Extended illness accrued balance at the employee's hourly rate of pay in effect at termination or retirement. Port Pnnccg' i S 3/28/2016 14 ARTlCLE XIX BEREAVEMENT lEAVE service and who for at least thirty (30) days of uninterrupted Employees who have been employed the be allowed three (3) working days off to attend suffers a death in their immediate family shall hours' pay for each day's absence at the funeral and shall be compensated eight (8) or ten. (10) in cases where emergency factors rate as a result of the employee's absence. employee's straight~time to two (2) additional paid days leave. of long distances are Involved, the employee may request up involvement to the funeral and the extent of employee Individual circumstances such as the distance of days to be be considered in determining the number with the arrangements for the deceased shall or daughter, shall be dened as spouse or domestic partner granted an employee. immediate family stepchildren, brother, grandparents, grandchildren, stepmother, stepfather, son, mother, father, sister, daughter-in-law and son-in-law of 3 mother-inlaw, father-in-law, sister-in-law, brotherin-Iaw, employee or spouse or domestic partner. Partnership must complete an Affidavit of Marriage/Domestic An employee and a domestic partner which requires them to declare that they: residence. (1) Share the same regular and permanent (2) Have a close personal relationship. {3) Are jointly responsible for basic living expenses. (4) Are not married to anyone. (5) Are each 18 years of age or older. bar marriage in the State of Washington. (6) Are not related by blood closer thanwould to contract when the domestic partnership began. (7) Were mentally competent to consent and are responsible for each other's common welfare (8) Are each other's sole life partner ARTICLE XX LABOR]MANAGEMENT to develop and maintain a good ongoing working The parties recognize it is in their best interest of trust, communication and cooperation. Therefore relationship that promotes further development Committee for the purpose of developing a the parties agree to establish a Labor/Management of common concern. it is understood and agreed that the cooperative problem-solving forum on issues to amend or negotiate the Labor Agreement. Labor/Management Committee has no authority PNRCC 51% Port 3/28/2016 15 AGREEMENT XXI SETTLEMENT OF DISPUTES, DISCHARGE, SUSPENSION Strikes and Lockouts: In recognition of the Port's status as a municipal corporation, there shall be no strikes, lockouts, picketing, work stoppages or similar activities to impede the Port's operation. Resolution of Disputes: The parties shall in good faith work jointly toward resolution of disputes. If any dispute cannot be settled at the plant (shop) level, it shall be reduced to writing and referred to a representative of the Union and the Port. Union Representation: The Union shall not be required to press employee grievances if, in the Union's opinion, such lack merit. With respect to the processing, disposition and/or settlement of any grievance, including hearings and final decisions of arbitrators, the Union shall be the exclusive representative of the employeeis) involved. Discharge or Suspension for Just Cause:The Port may discharge or suspend any employee for just and sufficient cause. With the exception of a discharge or suspension for gross misconduct, no regular employee shall be discharged or suspended unless a written notice shall have been given to such employee of previously a complaint against the employee concerning the employee's work or conduct. Discipline to he considered valid shall be Issued within working days of the date of violation thirty (30) or knowledge of the violation. Should the employer request an extension of time for further investigation, such thirty (30) work day period shall be extended for purposes of that investigation. in cases of gross misconduct, such limited to, instances involving theft as, but not or physical assault, immediate discharge or suspension may be accomplished without prior warning notice. ' Warning notices must be timely. With the exception of a discharge or suspension for misconduct or disciplinary investigation in which gross an extension of time is requested by the employer, any disciplinary action shall be null and void unless issued in writing and given to the employee and sent to the Union within thirty (30) working days ofsuch violation. (if the employee is unavailable, the warning notice may be sent to his/her last reported home address.) Written Warnings: A copy of a warning notice shall be sent to the Union at the time it is given to the regular employee. Port 3/28/2016 16 ' regular employee may request an F. Protest of Discharge, Suspension, or Written WarningszAny the Union shall have the or warning notice; and investigation of his/her discharge, suspension, shall be or warning notice. Any such protest right to protest any such discharge, suspension, after the discharge, suspension, presented to the Port in writing within fifteen (15) working days of protest shall be waived. and if not presented within such period, the right or warning notice; a written notice of G. Notice of Discharge; The Port shall give to a discharged regular employee the Union. termination and at the same time send a copy to ARTICLE XXII SAVINGS CLAUSE of such provision shall in any court or other if any provision of this Agreement or the application becomes impacted because Governmental action, he held invalid, or if any provision of this Agreement and their application shall not be affected of a change in Port Personnel policy, the remaining provisions thereby. in Personnel policy the parties signatory hereto Provided, however, upon such Invalidation or change affected. The parties agree to arrive to renegotiate such parts or provisions agree to immediately meet is within sixty (60) days unless a definite extension of time at a mutually satisfactory replacement mutually agreed to. ARTICLE XXIII SAFETY SHOES each contract year for the purchase price or The Port shall pay regular employees a $100.00 stipend The American National Standard for Personal Protection. repair of ANSI approved footwear ( 241-1999), each at least 1,000 hours of work a $100.00 stipend Port shall pay employees who have accrued National of ANSI approved footwear ( 241-1999), American contract year for the purchase price or repair Standard for Personal Protection. of each contract year. The stipend shall be paid in the first pay period . PNRCC 31 g Port 3/28/2016 17 ARTlCLE XXIV FLEXlBlE SPENDING ACCOUNT Employees shall be eligible for participation in the Port ofSeattle's Flexible Eligibility and participation of employees shall be subject Spending account program. to the terms and conditions of including any plan amendment, revision such plan or possible cancellation. it is further agreed that content of the plan itself, plan administration and any determination made under the plan shall not be subject to the grievance or to any other Provision of this Agreement or to negotiation by the Union. ARTICLE XXV BI-WEEKLY PAY Pay shall be distributed on a biweekly basis consistent with the payroll procedures for employees. Effective upon ratification, non-represented as a condition ofemployment, all employees are required to participate in the Port's direct deposit program for payroll purposes. ' ARTICLE XXVl MISCELLANEOUS Whenever words denoting a specic gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE XXV" EFFECTIVE DATE AND DURATION This Agreement shall be in full force and effect for a period of three (3) years from January 1, 2016 through December 31, 2018. Signed this __day of mm EMPLOYER: Union Port ofSeattle PNW Regional Council of Carpenters, UBC W Name of Company (please print) m _ 3/28/2016 18 By: thprlnt name): \Tc'r g? [4. __________,_.___' Title: TltIe: . 9" CC :- ' C- :3] MKWK *Signature' *Slgnature: *Regional Address v . Manager: // . . / cum-5r" _ E/ZVM/ M *Contract . Ad I l tration: Phone: Fax: *Requlred Signers 3/28/2016 19 MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE PORT OF SEATTLE AND THE SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL ' APPEN Dix C FEBRUARY 10, 1965 SEATTLE BUILDING AND CONSTRUCTION TRADES COUNCIL 2800 FIRST AVENUE SEATTLE, WASHINGTON 98101 Gentlemen: The Port of Seattle recognizes international Brotherhood of Boilermakers, iron Blacksmiths, Forgers & Helpers, Lodge No. i 04; District Ship Builders, Council of Carpenters of Seattle, King Vicinity; Hod Carriers and General Laborers Union, Local County and No._242; Western Washington District Council, international Hod Carriers, Building and Common Laborers of America; international Union of Engineers, Local No. 302; Painters District Council No.5 of Operating Seattle and King County; United Association of Journeyman and Apprentices of the Plumbing and Pipeflttlng industry, of the United States and Canada, Local Union No. 32; Sheet Metal Workers international Association, Local No. 99; Sprinkler Fitters and Apprentices, Local Union No. 699 of the United Association of Journeyman and Apprentices of the Plumbing and Pipefitting industry for the United States and Canada; international Brotherhood of Teamsters, Chauffeurs and Helpers of America, Local, No. 174; and Paint Makers, Sign, Painters 8: Display, Truck Allied Trades, Local No. 1094; all of which are affiliated with the Seattle Building and referred to as "unit employees"), and which would not otherwise be covered by collective bargaining agreements between other employers in this area and labor organizations other than the Union (hereinafter referred to as "non-unit employees") for the following purposes and subject to the following conditions: ~ i. The Port ofSeattle has in the past employed unit employees affiliated with the Union in the above crafts and job classifications and intends to continue to do so if work performed by the Port of Seattle is available for such employees. 2. All of the Port of Seattle's unit employees shall enjoy the wages and benefits established Port's Wage and Benefit Resolution and shall by the continue to enjoy such wages and benefits on a basis comparable to the wages and benefits paid by other employers of such employees in this area. 3. The Port of Seattle retains the right: 3/28/2016 20 PORT OF SEATTLE AND THE SEATTLE MAINTENANCE AGREEMENT ADDENDUM BETWEEN THE ' BUILDING AND CONSTRUCTION TRADES COUNCIL classification and whether or not such a. to determine any given employee's craft or job employee is a unit or non"unit employee; 1). to direct the work of its employees; within a given craft, c. to hire, promote, transfer, assign, and retain empioyees' positions or steady employees from the lob classification, or department, to secure its regular of the Port, and to local community, to specify certain employees as steady employees action against employees; suspend, demote, discharge, or take other disciplinary d. of lack of work or for other legitimate to relieve employees of duties because reasons; e. to subcontract or assign work to other employers; f. to maintain the efficiency of all Port operations; which such operations are to be g. to determine the methods, means, and personnel by conducted; and out the work of the Port in situations h. to take whatever action may be necessary to carry of emergency. and the terms of the Port's Wage 4. This agreement shail be subject to any Federal or State Law in this agreement and Benefit Resolutions and, in accordance with existing State Law, nothing to cause or engage in a strike or shall be construed to permit either the Union or any employee against the Port of Seattle. Should any stoppage of work, or slow-down, or. similar activity of any Federal or State Law or conflict with any provisions hereof become unlawful by virtue the Port of Seattle, resolution of the Port of Seattie or any rule or regulation promulgated by or rule or regulation. such provision shall be modified to comply with such law, resolution, 3/28/2016 21 APPENDIX 1 SCHEDULE "A" CLASSIFICATIONS & WAGES SECTION 1. All employees covered by this Agreement shall be classied and paid in accordance with the classications, scales, and special conditions set forth in Appendix 1, rates or special conditions shall be Schedules "A," "B," and "C" and no other classication wage recognized. REFER T0 SCHEDULE "C" FOR ZONE RATES ZONE "A" RATES ONLY ~ CLASSIFICATIONS June 1, June 1, June 1, 2015 20l6 2017 Carpenter, Drywall Applicator, Lather, Floor Finisher, $43.07 Scaffold insulation Applicator, Floor Layer, Erector, Acoustical Worker, Bride Dock and Wharf Car Jenter > Car enters on creosote material Car enters on Stationar tools $41.86 $42.92 $44.57 Millwri ht and Machine Erector Piledriver, driving, pulling, cutting, placing collars, $40.61 $41 .67 $43.32 )iling setting, welding, or creosote treated material, all - _ Diver Wae Rate: See attached Divers' Addendum the plans or specications to be certified. Certified \Velder- +3050 per hour while performing welds required by above the highest paid carpenterjourneymeu under him/her. Foremen shall receive ten percent (10%)~per hour DEDUCTIONS: These are deducted from wages) 4.00%* 4-00%* 4-00%* rate converted to cents per hour, times all hours worked. *The applicable percentage of the taxable hourly wage would be charged using thejourneyman wage rate. Foremcn, general foreman, or superintendents FRINGE BENEFITS June 1, June I, 2015 2016 Health & Securit ** ' A renticeshi *SO.60 designated for retiree medical total package 2mApprenticeship contribution is 1.4% ofjorrmeyman carpenter UNION DUES CHECK-OFF ASSIGNMENTS: In accordance with the terms of an individual dues in the form permitted by and voluntary written authorization for clteelcoff of Membership as amended, the Employer the provisions of Section 302 (c) of the Labor Management Act, will be dues an amount ofwages once each week which has been or agrees to deduct for working which are deducted, shall be in the future authorized by the Membership. The working dues, 18 2015 - 2018 CARPENTERS
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