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AGREEMENT BY AND BETWEEN PORT OF SEATTLE AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE NO. 160, LOCAL LODGE NO. 289 JULY 1, 2013 - JUNE 30, 2017 TABLE OF CONTENTS ARTICLE PAGE RECOGNITION, SCOPE AND HIRING ............................................ 1 DISCHARGE OF EMPLOYEES ....................................................... 2 SHOP STEWARDS .......................................................................... 2 SENIORITY ...................................................................................... 2 PAYMENT OF WAGES .................................................................... 3 SAFETY AND SANITARY CONDITIONS ......................................... 3 VISIT TO THE ESTABLISHMENT .................................................... 4 GRIEVANCE PROCEDURE ............................................................. 5 ARBITRATION ................................................................................. 6 SEPARABILITY AND SAVINGS CLAUSE ....................................... 6 PERSONS PROHIBITED ................................................................. 7 HOURS OF WORK .......................................................................... 7 RATES OF PAY ............................................................................... 8 ADDITIONAL SHIFTS ...................................................................... 11 CALL-IN TIME .................................................................................. 11 OVERTIME ....................................................................................... 11 HOLIDAYS ....................................................................................... 12 VACATIONS ..................................................................................... 13 HEALTH AND WELFARE PLAN ...................................................... 14 PENSION PLAN ............................................................................... 15 DENTAL PLAN ................................................................................. 16 FUNERAL LEAVE ............................................................................ 16 SICK LEAVE ..................................................................................... 17 PAYROLL DEDUCTIONS ................................................................ 18 APPRENTICES' WAGES ................................................................. 18 COVERALLS .................................................................................... 19 RELIEF PERIOD .............................................................................. 19 SPECIAL TOOLS, TOOL INSURANCE ........................................... 19 NON-DISCRIMATION ...................................................................... 19 NO STRIKES .................................................................................... 20 DEFERRED COMPENSATION ........................................................ 20 BUSINESS PARTNERSHIP COMMITTEE ....................................... 20 ENTIRE AGREEMENT ..................................................................... 21 DURATION OF AGREEMENT ......................................................... 21 AGREEMENT This mutual agreement is made and entered into between the Port of Seattle, a municipal corporation of the State of Washington, and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 160, Local Lodge No. 289. Wage rates shall be effective as indicated in Article 13. Other conditions shall be effective on the date the Agreement is signed or as specified in the provisions of the agreement. This Agreement is made for the purpose of reaching an equitable wage and working agreement between the parties hereto. ARTICLE 1 - RECOGNITION, SCOPE AND HIRING The Port recognizes the Union as the sole and exclusive bargaining agent with respect to wages, rates of pay, hours of work and other conditions of employment for the employees covered by this Agreement. The work to be performed by the Union shall be the various functions of maintenance of Port-owned vehicles, as assigned and in accordance with historical jurisdiction. All present employees covered by this Agreement who are members of the Union as of the date of the execution of this Agreement shall remain members during the life of this Agreement as a condition of continued employment. Present employees who are covered by this Agreement but are not members of the Union at the date of the execution of this Agreement and who elect in the future to become members shall remain members thereafter during the life of this Agreement as a condition of continued employment. All employees hired in classifications covered by this Agreement after the execution of this Agreement shall become members within thirty (30) days following the beginning of their employment and shall remain members during the life of this Agreement as a condition of their continued employment in classifications covered by this Agreement. No employee will be terminated under this subsection if the Port has reasonable grounds for believing: (a) that membership in the Union was not available to the employee on the same terms and conditions generally applicable to other members, or (b) that membership in the Union was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership. Insofar as permitted by law, the Port shall give the Union equal opportunity with all other sources to refer suitable applicants for employment. No applicant will be preferred or discriminated against by the Port because of membership or non-membership in the Union. The following information will be given in writing by the Port to the Union within seven (7) calendar days from the date of hiring new employees: name and home address, social security number, date of hire, classification and rate of pay. This Agreement shall apply to and cover employees as defined herein. Page 1 A full-time employee is one who has been continuously on the payroll of the Port for a period of one hundred and twenty (120) calendar days. A probationary employee is one who has not been continuously on the payroll of the Port for a period of one hundred and twenty (120) calendar days. All terms and conditions of this Agreement are applicable to such full-time and probationary employees except as specifically hereinafter exempted for probationary employees. It is agreed and understood in the hiring of employees under this Agreement either operation (Seaport or Airport) may hire directly from the outside if in management's judgment it is in the best interest of the operations. In which case, the Union will be given equal opportunity to furnish employees. The Union recognizes the prerogatives of the Port of Seattle to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority, subject to the terms and conditions of this Agreement. ARTICLE 2 - DISCHARGE OF EMPLOYEES The Port reserves the right to discharge any employee for just cause. The Port shall have the right to suspend any employee for just cause not exceeding a maximum of two (2) weeks. The Union shall be notified in writing of any discharge or suspension within 24 hours thereof. In the event of dispute as to whether or not "justifiable cause" existed, such dispute may be processed through the grievance procedure contained in this Agreement. Probationary employees may be terminated at any time during the probationary period at the discretion of the Port, without recourse to the grievance procedure. ARTICLE 3 - SHOP STEWARDS The Union shall inform the Port in writing of its selection of authorized Shop Stewards, and the Port agrees to recognize Stewards so designated. Shop Stewards shall be allowed such reasonable time as is necessary to investigate and process grievances in the shop arising under the terms of this Agreement. ARTICLE 4 - SENIORITY There shall be one seniority list for the bargaining unit employees. Seniority shall prevail in the reduction and restoration of forces, provided the senior employee is capable of performing work remaining in the shops. There shall be a distinct and separate seniority list by shop (Marine Maintenance, Aviation Fleet Maintenance and Aviation Bus Maintenance) in the selection of vacation assignments. Seniority shall prevail in the selection of shift assignments when openings occur provided the employee is capable of performing the work. Page 2 In the event of a reduction in force, management may reassign employees between the Airport and the Seaport without regard to seniority provided that volunteers get first consideration. Seniority for permanent positions shall date from day of hire, but no seniority rights shall accrue therefrom until after a probationary period of one hundred and twenty (120) calendar days. At the end of the probationary period, the employee shall be classified as a full-time employee. Individuals employed as emergency hires, who are subsequently hired on a permanent basis, shall have their seniority dates adjusted by the time worked during the previous one hundred eighty (180) calendar days. The total calendar day time period including weekends shall be used to compute the adjusted seniority date for an individual who was originally employed as an emergency hire. However, in the event the Port retains an emergency hire after one hundred and twenty (120) calendar days of continuous employment, such an employee shall be on permanent status. Normal practice shall be to post vacancies for permanent status positions. The Port may not employ an emergency hire for more than two (2) one hundred and twenty (120) day periods (excluding apprentices). Except for a reduction in force condition, the Port shall give consideration to the employee's seniority in matters of interdepartmental transfer assignments and job opportunities, and Port management shall make the determination at its discretion. An employee shall lose seniority rights for any of the following reasons: (a) termination for just cause, (b) on layoff status for more than six (6) months, or (c) when an employee does not return to the bargaining unit within six (6) months after accepting a non-bargaining unit position with the Port, he/she shall lose seniority. ARTICLE 5 - PAYMENT OF WAGES The Port will maintain a regular payday. If such regular payday falls on a Saturday, Sunday, or holiday, the employee shall be paid not later than the last regular workday preceding the regular payday. All employees covered by this Agreement shall be paid biweekly. The Port may deviate from this provision with prior approval of the Union. ARTICLE 6 - SAFETY AND SANITARY CONDITIONS The Port shall comply with State Safety and Sanitation Laws, where applicable, and shall maintain safe and sanitary conditions in its maintenance shop operations. Page 3 Adequate dressing rooms and washing facilities shall be furnished by the Port. All toilets, lunchrooms, and working areas shall be kept in a clean and sanitary condition, properly lighted, heated and ventilated; soap, hot water, and towels shall be furnished. Employees shall cooperate with management in the maintenance of a generally wellkept shop, in the proper use of sanitary facilities, and shall wear and properly use all protective equipment provided by the Port. The Port shall furnish all safety equipment as required except for safety shoes. Safety glasses shall be reimbursed consistent with Port policy. The Port shall replace rain gear that is accidentally damaged. Safety Shoes: The Department of Labor and Industries (WAC 296 -800-16060, previously WAC 296-24-088[1]) requires workers to wear appropriate foot protection in areas where there is a possibility of foot injury due to falling or rolling objects, piercing/cutting injuries or electrical hazards. In order to comply with this regulation, appropriate foot protection must meet the specifications of the American National Standard Institute (ANSI) for Protective Footwear, Z41-1999 American National Standard for Personal Protection. In order to assist with the purchase of the appropriate footwear, the Port shall reimburse regular employees the purchase price or repair of the ANSI approved footwear up to one hundred and twenty dollars ($120) each contract year. All injuries no matter how slight must be reported by the employee to the Foreman/ or Manager and Shop Steward on the day the injury occurs. In the event of an industrial accident of such nature that does not require an employee to discontinue work but does necessitate further treatment by a doctor at various intervals, the employee shall be compensated at his regular shift rate of pay for all time required for treatments during employee's regular working hours. Any employee suffering an industrial accident shall be entitled to a full day's pay for the day on which the accident occurs, provided it shall be medically certified by a physician as a disabling accident. Holiday and/or vacation pay shall not be provided as a duplication of compensation received by an employee on compensated time loss for an industrial injury. ARTICLE 7 - VISIT TO THE ESTABLISHMENT Business representatives of the Union, party to this Agreement, shall have access over the area in which any job is located by first making their presence known to management during working hours for the purpose of enforcing the terms of this Agreement. Page 4 ARTICLE 8 - GRIEVANCE PROCEDURE For the purpose of this Agreement, the term "grievance" means any dispute between the Port and the Union; or between the Port and any employee concerning the effect, interpretation, application, claim of breach, or violation of this Agreement; or any dispute that may arise between the parties. All grievances not mentioned within fifteen (15) days after they occur, or first knowledge that a grievance exists, shall be considered as outdated, thus preventing an accumulation of grievances. All grievances shall be reduced to writing and shall contain a statement of the relevant facts, the specific section(s) of the Agreement allegedly violated and remedy sought and then processed in accordance with the following grievance procedure: (a) The dispute or grievance shall be taken up by the Shop Steward, the aggrieved employee, and the Foreman of the department involved. The Foreman must give his answer within four days. If no satisfactory settlement is reached between the Shop Steward and the Foreman, then (b) The Shop Steward shall within four (4) days call in a representative of the Union who shall meet with the authorized representative of the Port and Shop Committee, if any. (c) If the grievance or dispute involves a dispute concerning the effect, interpretation, application, claim of breach, or violation of this Agreement, and if it cannot be satisfactorily adjusted within ten (10) days by the business representative of the Union and the Port or the Port's representative, then either party reserves the right and authority to submit such grievance or dispute to arbitration in the manner herein provided. (d) However, the grievance or dispute must be submitted to arbitration within thirty (30) days after completion of the grievance procedure in paragraph (c) above. (e) The aggrieved employee or the Shop Steward shall have the right to call in the Union representative at any step of the grievance or arbitration procedure. Either party to this Agreement shall be permitted to call employee witnesses at each and every step of the grievance procedure beginning with step (c); the Port, on demand, will produce production, payroll, and other records for the purpose of substantiating the contentions or claims of the parties. The grievance procedure and arbitration provided herein shall constitute the sole and exclusive method of determination, decision, adjustment, or settlement between the parties of any and all grievances as herein defined; and the grievance procedure and arbitration provided herein shall constitute the sole and exclusive remedy to be utilized by the parties hereto for such determination, decision, adjustment, or settlement of any and all grievances as herein defined. Page 5 Any time specified herein shall not include any time on any Saturday, Sunday, or holiday. Time limits may be extended by mutual agreement. ARTICLE 9 - ARBITRATION In the event a grievance or dispute is submitted to arbitration, an Arbitration Board shall be selected according to, and shall be governed by, the following procedure: The Board of Arbitration shall consist of one (1) member selected by the Union and one (1) member selected by the Port. In the event that these two (2) members of the Board of Arbitration fail to agree upon the disposition of a dispute or grievance within three (3) working days after the meeting for this purpose, then at the request of either of these two (2) members of the Board of Arbitration, the Federal Mediation and Conciliation Service shall be requested to appoint a panel of seven (7) arbitrators, from which panel the two (2) arbitrators shall select the third and impartial arbitrator in the following manner. The two (2) arbitrators shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one (1) name until only one (1) remains. The seventh (7th) or remaining person named shall thereupon be accepted by both arbitrators as the third impartial arbitrator. The three (3) arbitrators shall thereupon constitute the Board of Arbitration to decide the issue or issues involved. The award of the Board of Arbitration must be rendered within fifteen (15) days after the matter is finally submitted to the Board and shall be binding upon the parties. The Board of Arbitration shall not have the power or authority to add to, subtract from, or modify the terms of this Agreement. The Port shall pay the expenses and salary of its arbitrator, and the Union shall pay the expenses and salary of its arbitrator. Expenses and compensation of the third arbitrator shall be divided equally between the Port and the Union. Each party shall bear its own costs of arbitration, including but not limited to attorneys fees and costs. Any period of time specified herein shall not include time on any Saturday, Sunday, or holiday unless specifically provided otherwise herein. ARTICLE 10 - SEPARABILITY AND SAVINGS CLAUSE If any Article or Section of this Agreement 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 Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. Page 6 Should any Article or Section of this Agreement be held invalid or be restrained as provided herein, the parties shall immediately meet and negotiate valid alternate and/or substitute provisions to replace and/or modify those provisions so affected. ARTICLE 11 - PERSONS PROHIBITED Only Union members, or those eligible to become members, who are Port employees shall do work presently being performed, previously performed, or capable of being performed by Union members and within the jurisdiction of the Union provided that such work does not fall within the historical jurisdiction of Port employees who are not members of Local #289, Automotive Machinists. All other persons are prohibited from performing such work except as provided below: (a) Work that is performed outside of Port-operated facilities. (b) Work performed within Port-operated facilities that is of an emergency nature, warranty work, or where demonstrations or instructions are provided. The Port has the right to contract such work within the Port's facility. (c) When work requirements exceed the normal level, such as major repair. Or when work is of a specialized nature, such as major modifications, said work may be performed by a Port contractor on Port operated facilities. In any event, individuals directly employed by the Port who are not members of the bargaining unit shall be prohibited from performing said work. The Port will cooperate with the Union to protect prevailing wage rates whenever in the conduct of its business the Port requires work to be done by contract. This condition shall apply when such work is performed both on and off Port operated facilities. Notwithstanding (a), (b) and (c), this Article does not prohibit the Port from leasing equipment/facilities which may be maintained by the employer to whom the equipment/facilities are leased. ARTICLE 12 - HOURS OF WORK Eight (8) hours within nine (9) consecutive hours shall constitute a workday, and five (5) consecutive days shall constitute a workweek of forty (40) hours. There shall be two (2) consecutive days' rest period between workweeks (Friday and Saturday, Saturday and Sunday, or Sunday and Monday). Employees scheduled on a Tuesday through Saturday workweek shall receive pay at the time and one-half (1) rate for Saturday work. Employees scheduled on a Sunday-through-Thursday workweek shall receive pay at the time and one-half (1) rate for Sunday work. Hours of work different from those described above (including 4/10 hour shifts) may be mutually agreed upon by the Port and the Union. There shall be an optional 4/10 operation, provided such schedule is mutually agreed to by the employee and the manager. If either the Employer or employee wishes to discontinue the 4/10 schedule, Page 7 thirty (30) days' notice shall be provided prior to resuming 5/8's (unless otherwise mutually agreed to or in the event of an emergency). The 4/10 shifts shall consist of four (4) consecutive ten and one-half (10) hour days to include a thirty (30) minute unpaid lunch period. The 4/10 workweek shall consist of four (4) consecutive workdays, Monday to Thursday or Tuesday to Friday. Paid leave shall be paid at ten (10) hours per day for the four (4) day regularly scheduled workweek. If a limited number of 4/10 positions are available, seniority shall prevail with respect to the granting of the 4/10 schedule, provided the employee possesses the necessary skills to perform available work. ARTICLE 13 - RATES OF PAY (a) Wage Rate Schedule Effective July 1, 2013, all employees who were employed by the Port on July 1, 2013, shall receive a onetime lump sum bonus of one thousand five hundred dollars ($1,500). Effective July 1, 2014, wages shall be increased by the sum of the one-hundred percent (100%) of the percentage increase in the Consumer Price Index for Seattle, Tacoma, Bremerton, with a minimum increase of not less than 0% nor more than 6.0%. The index used shall be the CPI-U, April 2013 through April 2014. Effective July 1, 2015, wages shall be increased by the sum of the one-hundred percent (100%) of the percentage increase in the Consumer Price Index for Seattle, Tacoma, Bremerton, with a minimum increase of not less than 0% nor more than 6.0%. The index used shall be the CPI-U, April 2014 through April 2015. Effective July 1, 2016, wages shall be increased by the sum of the one-hundred percent (100%) of the percentage increase in the Consumer Price Index for Seattle, Tacoma, Bremerton, with a minimum increase of not less than 0% nor more than 6.0%. The index used shall be the CPI-U, April 2015 through April 2016. Page 8 The rates of pay shall be as follows: Effective July 1, 2013 Semiskilled help, 1st 60 days (75% of Journeyman rate) $ $28.05 Semiskilled help, after 60 days (80% of Journeyman rate) $ $29.92 Journeyman $ $37.40 Effective July 1, 2014 Semiskilled help, 1st 60 days (75% of Journeyman rate) $ $28.73 Semiskilled help, after 60 days (80% of Journeyman rate) $ $30.64 Journeyman $ $38.30 Effective July 1, 2015 Semiskilled help, 1st 60 days (75% of Journeyman rate) $TBD Semiskilled help, after 60 days (80% of Journeyman rate) $TBD Journeyman $TBD Effective July 1, 2016 Semiskilled help, 1st 60 days (75% of Journeyman rate) $TBD Semiskilled help, after 60 days (80% of Journeyman rate) $TBD Journeyman $TBD Working Leads shall receive five percent (5%) over the regular Automotive Machinists Journeyman scale. Foremen, including working foremen, shall receive fifteen percent (15%) over the regular Automotive Machinist Journeyman scale. General Foremen shall receive twenty percent (20%) over the regular Automotive Machinists Journeyman scale. (b) Work Definitions and Related Conditions Semiskilled help Page 9 Semiskilled help may do tire repairs, mounting of tires on wheels, tire changing, oil changing and lubrication, and may provide parts department assistance. Semiskilled help may perform fueling and may use minor tools to perform lubing. Working Leads, Foremen and General Foremen Working Leads, Foremen and General Foremen assignments shall be made at the discretion of the Port. (c) Other Pay Conditions Pay for any fraction of a week shall be computed according to the rates set forth above. Weekly Guarantee: Full-time employees shall be guaranteed forty (40) hours work or pay, with the following exceptions: (1) An employee who quits, is terminated, is recalled from layoff, or is hired on other than the first day of his regularly scheduled workweek, shall be paid only for the days worked during that week. (2) Employee absence during part of the workweek due to illness, injury, vacation, or personal reasons shall disqualify an employee for the guarantee that week. (3) Paid holidays occurring within an employee's regularly scheduled workweek shall be counted as part of the guarantee, and paid at the regular rate. (4) In cases where the Port's operations are adversely affected by a work stoppage, Act of God, civil commotion or insurrection the guarantee shall not apply. (d) Overtime on Other than Regular Shift: (1) A regularly assigned day shift worker who is assigned to work a swing or graveyard shift shall be paid overtime at the day shift overtime rate of pay. (2) A regularly assigned swing shift worker who is assigned to work a day or graveyard shift shall be paid overtime at the swing shift overtime rate of pay. (3) A regularly assigned graveyard shift worker who is assigned to work a day or swing shift shall be paid overtime at the graveyard shift overtime rate of pay. (4) Employees performing special work designated as "STS-PM" at Seattle- Tacoma International Airport will be paid at the graveyard rate of pay Page 10 regardless of their regular shift if the work is performed during graveyard shift hours. e) Temporary Lead, Foreman and Crew Chief Assignments: An employee whom management has temporarily assigned to be a lead, crew chief or foreman shall receive the appropriate pay for all compensated holiday, sick and vacation leave hours if: The employee worked the last scheduled workday prior to and the first scheduled workday following the employee's vacation, sick or holiday as an acting or temporary lead, foreman or crew chief and; The employee has been working at least thirty (30) days prior to the holiday, sick or vacation leave as an acting or temporary lead, crew chief or foreman and upon return from holiday, sick or vacation leave will resume the acting or temporary foreman, crew chief or lead assignment. ARTICLE 14 - ADDITIONAL SHIFTS Starting times for shifts scheduled by the Port shall conform with the following: First Shift 5:00 a.m. to 9:00 a.m. Second Shift 1:00 p.m. to 5:00 p.m. Third Shift 10:00 p.m. to 12:00 midnight The second shift premium shall be ten percent (10%) more than the first (day) shift rate, and the third shift premium shall be fifteen percent (15%) more than the first (day) shift rate. Starting time for an individual employee shall be fixed at the same starting time for the entire workweek. ARTICLE 15 - CALL-IN TIME The Port shall guarantee two hours call-in time at two times employee's shift rate of pay for emergency call-ins. Emergency call-ins who work in excess of two (2) hours shall also be paid at double the employee's shift rate for time worked in excess of two (2) hours. There will be no pyramiding of overtime except as provided in Article 16, paragraph 4, where no eight (8) hour break is provided. ARTICLE 16 - OVERTIME Double time shall be paid for all work performed on employee's normal rest period between workweeks. Page 11 Scheduled overtime will be voluntary when possible by shop (Marine Maintenance, Aviation Maintenance, and Aviation Bus Maintenance) and skill. The Port reserves the right when no volunteers are available to assign overtime by reverse seniority by shop and skill. When practical, employees will be notified by noon on the 4th workday of the overtime required for the 6th or 7th day. Weekend overtime is subject to cancellation by the end of the shift on the 5th workday. No employee will be required to work two consecutive weekends. Overtime, as it has historically been assigned in the past, will continue to be assigned on the basis of seniority; i.e., the most senior employee has the right of first refusal for overtime. If no one volunteers for the overtime, employees will be assigned from the bottom of the seniority list up. The junior mechanic will be required to work. Employees required to work overtime past their regular shift, unless relieved from work eight (8) hours before starting work on their next regular shift, shall be paid overtime for such shift. For those employees on 5/8 shifts, any time worked in excess of eight (8) hours in one day up to eleven (11) hours shall be paid at time and a half; beyond eleven (11) hours shall be paid at double time. For those employees on a 4/10 shifts, any time worked in excess of ten (10) hours in one day up to eleven (11) hours shall be paid at time a half; beyond eleven (11) hours shall be paid a double time. The work done on STS PM will also be paid in accordance with the above examples.(See Article 17 for the overtime rate covering employees who work on a holiday.) ARTICLE 17 - HOLIDAYS The following holidays shall be recognized by the Port for all regular full-time employees and no salary deductions shall be made for the same: New Year's Day January 1 Martin Luther King's Birthday Third Monday in January. Presidents' Day Third Monday in February Memorial Day Last Monday in May Fourth of July July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Fourth Friday in November Day Before or day after Christmas December 24 or 26 (as designated by the Port) Christmas Day December 25 2 Employee Designated Holidays Employee Designated holidays will be scheduled with the supervisor's approval. Page 12 Holiday pay shall be eight (8) hours for those who work 5/8's shift and ten (10) hours for those who work 4/10's shift at the straight-time shift rate. If a holiday falls during an employee's regular two-day rest period, the holiday shall be observed on the last normal workday preceding or the first workday following the normal days off, by mutual agreement. Work performed on holidays shall be at the time and one-half rate in addition to straighttime holiday pay. It is agreed there shall be twelve (12) holidays each contract year for any eligible employee. Adjustments shall be made to reduce the number of Port designated holidays, where providing such holiday/holidays for the first contract year would result in more than twelve (12) holidays for any employee. Emergency hires will be eligible for holiday pay after employment on an emergency basis by the Port for thirty (30) calendar days or more. ARTICLE 18 - VACATIONS Each employee coming under the jurisdiction of the Union, after having been in the continuous employ of the Port for the following periods, shall be granted vacations as follows: After 1 year 2 weeks (80 hours' pay) After 5 years 3 weeks (120 hours' pay) After 12 years 4 weeks (160 hours' pay) After 18 years 5 weeks (200 hours' pay) Vacation pay shall be at the straight-time shift rate. An employee shall accrue vacation credit from his/her hire-in date at the rate of onetwelfth (1/12th) of his/her next regular vacation for each month in which he/she was compensated for eighty (80) hours or more. Vacation eligibility shall be based upon the hire date. Pending vacation approval, employees may take vacation as they accrue it at any time after a six-month period of continuous service has been completed since their hire date. Termination Benefit: When termination occurs after six continuous months of employment, an employee so terminating shall be paid for any unused vacation credit payable to him/her. Credit shall be toward his/her next full vacation for any month in which he worked eighty (80) hours or more. Vacation assignments shall be made at the Employer's discretion, but no vacation period shall be fixed during the months of November, December, January, and February unless the employee entitled to such vacation period prefers his/her vacation in those months. Page 13 If a holiday falls within an employee's vacation period, such holiday shall not be considered as part of the vacation period, and the employee shall receive another day's vacation in lieu thereof. Vacation checks shall be given to employees in advance, if requested at least two (2) weeks in advance of the vacation. Employees may cash-out any amount of their accrued vacation hours, provided the employee has a minimum balance of eighty (80) hours remaining immediately following the cash out. Cash-outs shall be processed at the employee's current hourly rate of pay as recorded in the payroll system. A "Paid Time Off Cash-Out Request and Waiver" form must be submitted to Payroll by the payroll deadline. Vacation accumulations shall be limited to 480 hours. Accruals will cease when the limit is reached and will resume only when the balance is below 480 hours. Accruals over the limit are not cashed out. ARTICLE 19 - HEALTH AND WELFARE PLAN Eligible employees shall be covered by the Medical, Life Insurance and Long-term Disability Insurance benefits described in paragraphs a, b, and c below. A. Medical Insurance: Effective August 1, 2008 the Employer shall pay up to a maximum of one thousand three hundred dollars ($1,300.00) for each employee who is compensated for eighty (80) hours or more for work covered by this Agreement, regardless of Union membership. Such employees shall be enrolled in the following benefit plan currently provided by the Machinists Health & Welfare Trust Fund: Machinists H&W Plan 10 Vision Service Plan 1 Preventive Coverage During the term of this Agreement, the Employer agrees to increase their contribution for each of the following years based on the average cost of the Port of Seattle's Family Plans which will be averaged and that average increase will be added to the contribution rate the Employer is responsible for as Section A. above through December 31, 2014. Effective July 1, 2015 employees shall pay a $40.00 per month cost share of health and welfare costs. Effective July 1, 2016 employees shall pay a $50.00 per month cost share of health and welfare costs. If the benefits provided by the Machinists Health and Welfare Trust become subject to an excise tax or other penalty, the parties agree to meet and discuss the impact. All payments to the Machinists Health and Welfare Trust Fund shall be paid on or before the 15th day of the month following the month of employment. Page 14 The Employer acknowledges receipt of and agrees to be bound by the Agreement and Declaration of Trust, and any amendments thereto, covering the Machinists Health and Welfare Trust Fund, and the Employer ratifies any action taken by the Board of Trustees. The Health and Welfare Trust Fund shall always be maintained as a taxexempt joint labor-management Trust Fund and administered in accordance with its Agreement and Declaration of Trust and all applicable laws. The Employer accepts, as its representatives, the Employer Trustees serving on the Board of Trustees of the Health and Welfare Trust Fund and their duly appointed successors. Each Employer agrees to abide by all rules and regulations as may be established by the Board of Trustees pertaining to participation in the Health and Welfare Trust Fund. The Employer will continue to pay contributions for a regular employee who is off work due to an industrial-injury for a maximum of six (6) months beyond the point in time which the employee no longer qualifies under the above criteria for Employer provided Health & Welfare benefits. Notwithstanding the forgoing provisions, if any employee should be disentitled to any benefits under the Health and Welfare Plan by reason of the Employer's delinquency in the payment of contributions, the Employer shall be liable to such employee in a civil action for the full amount of the benefits which the employee lost, together with reasonable attorney's fees and costs. Acceptance or collection of delinquent contributions by the Board of Trustees shall not absolve the Employer of this liability. B. Life Insurance: On the first of the month following the date of hire, eligible employees and their eligible dependents shall receive life insurance benefits in the amount of two (2) times their annual base rate and their eligible dependents shall receive life insurance benefits in such amounts and in such manner as are provided in contracts with insurance companies or agencies selected by the Port to provide such benefits. Employees shall also be covered by the Accidental Death and Dismemberment policy provided by the Port. C. Long-term Disability: On the first of the month following the date of hire, eligible employees shall receive long-term disability coverage. The eligibility and other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. ARTICLE 20 - PENSION PLAN Effective July 1, 2005, the Port shall pay the following amounts, per compensable hour, to the Western Metal Industry Pension Trust Fund for each bargaining unit employee: July 1, 2012 $7.96 and thereafter Page 15 As a result of the Western Metal Industry Pension Fund's critical status for the plan year beginning January 1, 2010 and as required by the Pension Protection Act, the Fund's Board of Trustees adopted a Rehabilitation Plan consisting of a Preferred Schedule and a Default Schedule. The parties have agreed to adopt the Western Metal Industry Pension Fund Rehabilitation Plan Preferred Schedule. The parties signed a MOU adopting the preferred schedule on December 24, 2013, and by reference is made part of this document. Effective July 1, 2015, all bargaining unit members will contribute fifty dollars ($50) per month toward the cost of the Western Metal Industry Pension Fund Rehabilitation Plan Preferred Schedule. The fifty dollars ($50) per month, employee contribution shall be paid by payroll deduction and shall cease when rehabilitation funds are no longer required by the Pension Trust. ARTICLE 21 - DENTAL PLAN The Port shall pay each month into the Northwest I.A.M. Benefit Trust Fund the amount necessary to fund Plan "125" for each employee who is compensated for eighty (80) hours or more in the preceding month, for the purpose of providing a dental care program for the employees covered by this Agreement. The Port agrees to increase its contribution per employee at the time and in the amount determined necessary by the Trustees of the Plan to maintain the present level of benefits. The details of the program will be determined by the Board of Trustees of the Northwest I.A.M. Benefit Trust Fund in accordance with the Trust Agreement creating the Trust Fund. The Port and the Union agree to be bound by said Trust Agreement and all lawful amendments thereto, and do further agree to accept as their representative the Employer Trustees and the Union Trustees who constitute the Board of Trustees of said Trust Fund and their lawful successors. (a) The contribution shall be paid to the Trust Fund by the 10th day of the month following the month in which the contributions were earned. The Trust Fund will furnish transmittal forms. (b) The failure of the Port to make the required contributions may result in a collection action by the Board of Trustees and, in such action, the Port shall be obligated to pay liquidated damages, costs and attorney's fees, as provided in the Trust Agreement ARTICLE 22 - FUNERAL LEAVE In the event of a death in the family (father, mother, wife, husband, domestic partner, brother, sister, child or foster child, mother-in-law, father-in-law, stepchild, stepparent, grandparent or grandchild), a full-time employee shall be entitled to such time off work, without loss of pay, not to exceed three (3) days, as may be reasonably necessary to attend the funeral and, if required on the part of the employee to make necessary arrangements for the funeral, subject to the following conditions: Page 16 (a) The day for which compensation is sought must fall within the employee's regularly scheduled workweek, and no compensation is payable if such day falls on or during weekends, holidays, vacation, leave of absence, or layoff. (b) The employee must attend the funeral to be entitled to compensation. (c) The compensable day (which must fall within the employee's regular workweek) is limited to the day of the funeral or the day immediately prior thereto. (d) Pay for each compensable day shall be eight (8) hours at the regular straight-time hourly rate. (e) The Port may require reasonable proof of funeral attendance or responsibility for making arrangements for the funeral to support the claim for compensation. (f) Compensable funeral leave is limited to the relatives specified in this Article. ARTICLE 23 - SICK LEAVE Eligible full-time regular employees shall accrue sick leave at the rate of 6 hours per month (.03462 hours accrued per straight-time hour paid). Management may at any time require a physician's statement to justify use of sick leave. Unused sick leave shall accumulate in a bank of no more than one hundred and sixty (160) hours. Sick leave shall be deducted from the bank on an hourly basis and may only be used for regularly scheduled workdays (e.g., employees shall not receive sick leave for holidays or overtime shifts). Accumulated sick leave shall be payable at the employee's regular straight-time rate of pay. Upon termination, retirement or death, employees with at least five (5) years of continuous service (or the employee's estate or designated beneficiary) may cash out their sick leave bank (within the one hundred and sixty (160) hour limit) at 50% of the then current rate of pay. Employees may use accrued sick leave in instances of non-job related employee illness or injury or to care for a spouse, domestic partner, parent (or one who acted in loco parentis when the employee was a child), parent-in-law or grandparent who has a serious health condition or an emergency condition or to care for a child or stepchild or foster child with a health condition that requires treatment or supervision. Employees collecting Workers' Compensation temporary disability benefits may not receive Sick Leave as herein provided; however, if such Workers' Compensation benefits are less than the amount of sick leave otherwise provided, employees may, in addition to the Workers' Compensation benefits, use accrued sick leave sufficient to Page 17 equal the amount of sick leave benefits that would otherwise have been received by deducting from the bank the hours required to make up the difference. Absence from work must be called in to the Foreman/Crew Chief at least thirty (30 minutes prior to the start of shift. Leave without Pay: Leave without pay may be used for bona fide sick leave purposes once all sick leave accruals are exhausted, not to exceed forty (40) hours per year. Leave without pay for pre-scheduled appointments, unless emergency in nature must be requested five (5) days in advance. When the leave is for personal reasons, all vacation must be used before leave without pay will be granted. Total leave without pay for any reason is not to exceed forty (40) hours per year, with the exception of FMLA related absences. ARTICLE 24 - PAYROLL DEDUCTIONS Payroll deductions shall be made as specifically required by Federal, State, or Municipal laws. In addition, the Port and the Union agree that payroll deductions for the Machinists' Credit Union and Union dues may be implemented if appropriately authorized by the employee in accordance with Port payroll procedures. Effective upon ratification by the parties, as a condition of employment, all employees hired after the ratification date, are required to participate in the Port's direct deposit program for payroll purposes. ARTICLE 25 - APPRENTICES' WAGES 1ST YEAR First 3 months 65% of Journeyman scale Next 9 months 73% of Journeyman scale 2ND YEAR Full 12 months 77% of Journeyman scale 3RD YEAR First 6 months 80% of Journeyman scale 2nd 6 months 85% of Journeyman scale 4TH YEAR First 6 months 90% of Journeyman scale Second 6 months 95% of Journeyman scale Page 18 Apprentices shall be governed by the standards set up by the Greater Puget Sound Area Automotive Machinists Apprenticeship Committee and approved by the Washington State Apprenticeship Council. Apprentices who receive credit for previous experience shall be paid upon entrance the wage rate of the period to which such credit advances them. One Apprentice may be employed in any shop where a Journeyman is steadily employed and one additional Apprentice may be employed for each additional four (4) Journeymen employed. Apprentices will constitute the only employees learning the trade, and shall be given every opportunity and encouragement to master it. The Port agrees to make payments into an Apprenticeship Training Fund not to exceed $1.75 per month for each eligible employee who works eighty (80) hours or more in the preceding month. Payments will be required as soon as the program is established by Local 289 and other employer groups. ARTICLE 26 - COVERALLS All coveralls necessary in the performance of their work shall be furnished and laundered by the Port, up to any combination of eleven (11) items (e.g., six (6) coveralls and five (5) shirts and pants). ARTICLE 27 - RELIEF PERIOD Employees shall be entitled to a fifteen (15) minute relief period around the midpoint of each half shift, having due regard for the continuity and nature of the work being performed. ARTICLE 28 - SPECIAL TOOLS, TOOL INSURANCE All special and heavy-duty tools required by the Port shall be furnished by the Port. The tool kit generally furnished by journeymen shall not be classified as special tools. The Port will reimburse employees for loss of required hand tools due to fire, proven theft, or catastrophe on the Port's premises, less $25.00 on each loss. Claims will be honored only for tools which have been listed on an appropriate inventory form and filed with the Port. Employees shall notify management whenever they remove their tools from the Port's premises. ARTICLE 29 - NON-DISCRIMATION It is mutually agreed, between the Port and the Union, that there shall be no discrimination against any employee or applicant for employment or against any Union member or applicant for membership because of race, color, religion, sex, age, national origin, disability, or Vietnam era veteran status. Any use of the masculine gender in the language of this Agreement is intended to apply to both sexes. Page 19 The Port and the Union agree to take the necessary steps to remain in compliance with the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). It is further agreed that leave available under FMLA will not necessarily run concurrently with other paid leave available under this Agreement. ARTICLE 30 - NO STRIKES The Port is a Municipal Corporation of the State of Washington. Under State law, employees and labor unions do not have the right to strike or picket or engage in other similar activities against a governmental unit such as the Port. Accordingly, the Union recognizes the State law and agrees that neither the Union, the employees it represents, its members, nor others acting for and on its or their behalf, will at any time engage in any strike, picketing, stoppage of work, slow-down, or similar activity against the Port, whether or not this Agreement is in effect. ARTICLE 31 - DEFERRED COMPENSATION As provided below in this Article, full-time employees shall be eligible for participation in the Port of Seattle's Deferred Compensation Plan as revised December 8, 1981. Eligibility and participation of said 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 any other provisions of this Labor Agreement or to negotiation by the Union. ARTICLE 32 - BUSINESS PARTNERSHIP COMMITTEE (1) The Port and the Union agree to establish a joint labor-management Business Partnership Committee to continue the collaborative process during the term of the agreement. (2) The Committee's mission or purpose is to use the collaborative problem-solving process to make job enhancements, improve service levels, develop better work practices, address health and safety concerns, find ways of keeping work inhouse , develop training opportunities and learn from other companies to improve the Port's maintenance operations. (3) The Committee will be made up of two Port and two Union representatives, with representation on each team from both waterfront and airport operations. The Port's Labor Relations' staff will be available to assist the Committee. (4) The Committee will not discuss pending grievances or interpret the Agreement. (5) The Committee will meet within thirty (30) days of the signing of the Agreement and on an as-needed basis thereafter to: determine Committee roles and responsibilities; Page 20 develop ground rules (which may include the ground rules from collaborative bargaining); and develop a work plan. (6) The Port and the Union commit to provide sufficient resources to the Committee so that it can adequately carry out its mission. ARTICLE 33 - ENTIRE AGREEMENT (1) This Agreement constitutes the entire agreement between the Port and the Union and no oral statement shall add to or supersede any of its provisions. (2) The Port and the Union acknowledge that during negotiations, each had the unlimited right and opportunity to make proposals and bring forth past practices related to subjects of collective bargaining. The results of those negotiations are set forth in this Agreement. For the term of this Agreement, the Port and the Union give up their right to oblige the other party to bargaining with respect to any subject discussed in negotiations whether or not specifically referred to or covered in this Agreement. ARTICLE 34 - DURATION OF AGREEMENT The provisions of this Agreement shall become effective July 1, 2013, and the term of this Agreement shall continue through June 30, 2017. This Agreement shall remain in full force and effect from year to year thereafter, provided that either party hereto may reopen this contract by giving the other sixty (60) days' notice in writing prior to any anniversary date. Upon notice being given, the parties shall enter into negotiations and the period from and after the giving of the notice shall be used for negotiating a new agreement. The new agreement shall be effective the first day of July unless mutually agreed to the contrary. DATED THIS ____________ DAY OF ______________________, 2015. PORT OF SEATTLE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE NO 160, LOCAL LODGE NO. 289 BY: ___________________________ BY: ____________________________ TITLE: _________________________ TITLE: BUSINESS REPRESENTATIVE Page 21
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