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Item No.: 5a_attach Date of Meeting: January 10, 2012 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE PORT OF SEATTLE and INTERNATIONAL LONGSHORE and WAREHOUSE UNION LOCAL NO. 9 Aviation Operations/Aviation Security Collective Bargaining Agreement Incorporating: Construction Support Specialist Construction Support Specialist, Lead Terminal Access Controller Senior Access Controller Senior Access Controller, Lead Airfield Operations Specialist Senior Operations Controller EFFECTIVE April 1, 2011 December 31, 2014 Page 1 of 41 Table of Contents ARTICLE TITLE PAGE 1 Purpose of Agreement 3 2 Union Recognition 3 3 Union Security 3 4 Payroll Deduction 4 5 Business Representative Access 4 6 Bulletin Board 4 7 Equal Employment Opportunity 4 8 Management Rights 4 9 Grievance Procedure 5 10 Seniority 8 11 Advancement 9 12 Jury Duty 10 13 Bereavement Leave 11 14 Hours of Work, Overtime, and Pay Periods 11 15 Holidays 15 16 Paid Time Off (PTO) and Extended Illness (EI) 17 17 Leave Without Pay 20 18 Other Benefits 21 19 Health and Welfare Programs 23 20 Pensions 25 21 Safety 25 22 Equipment 25 23 Professionalism and Training Records 25 24 Shop Stewards 26 25 Discipline and Personnel Records 26 26 Good Faith Guarantee 27 27 Performance on Duty Strike and Lockouts 27 28 Emergency Conditions 27 29 Personnel 27 30 Compensation for Travel Time 27 31 Savings Clause 28 32 Entire Agreement 28 33 Labor Management Committee 28 34 Drug Testing 28 35 Contract Re-opener 28 36 Term of Agreement 29 APPENDIX A WAGE RATES APPENDIX B JOB DESCRIPTIONS APPENDIX C SUBMISSION OF GRIEVANCE Page 2 of 41 ARTICLE 1: Purpose of Agreement This Mutual Agreement has been entered into by the International Longshore and Warehouse Union, Local No.9 (hereinafter referred to as the Union), and the Port of Seattle (hereinafter referred to as the Port). The purpose of this agreement is the promotion of harmonious relations between the Port and the Union; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, benefits, and other terms and conditions of employment. ARTICLE 2: Union Recognition The Port recognizes the Union as the sole and exclusive bargaining agent for all full-time and regular part time employees doing the work of the classifications listed in Appendix A employed by the Port of Seattle; and excluding confidential employees, supervisors, and all other employees of the employer. The Port agrees that it will not contract out any of the work presently being performed by the employees covered by this contract. Such work shall be done under the terms and conditions of this contract. ARTICLE 3: Union Security Section 1. All present employees 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. All current employees who are not members of the Union shall become members of the Union within thirty (30) days after the signing of this contract and shall remain members during the life of this agreement as a condition of their continued employment. All employees hired hereafter shall become members of the Union within thirty (30) days following the beginning of their employment and shall remain members during the life of this Agreement as a condition of their continued employment. No employee will be terminated under this Article if the Port has reasonable grounds for believing: (a) that membership was not available to the employee on the same terms and conditions generally applicable to other members, or (b) that membership was denied or terminated for reasons other than the failure of the employee to tender the initiation fee, periodic dues and/or reinstatement fee uniformly required as a condition of acquiring or retaining membership. Section 2. The Port shall discharge or otherwise cause the termination of employment of noncomplying employees upon receipt of written request to the Port's Director of Labor Relations from the Union. Prior to sending a written request for termination to the Port, the Union shall notify the affected employee of its intention to request termination. Upon receipt of such request by the Union, the Port shall, within five (5) working days notify the employee of a proposed termination and provide an opportunity for the employee to respond in person or in writing to the proposal. Unless the Port has reasonable grounds to retain the employee for the reasons stated above, the employee shall be terminated immediately following the pre-termination response deadline. Page 3 of 41 ARTICLE 4: Payroll Deduction The Port agrees to deduct from the paycheck of each member covered by this Agreement who has so authorized it by signed notice submitted to the Port, the initiation fee and regular monthly dues, except as provided below. The Port shall transmit such fees to the Union once each month on behalf of the members involved. With the Union's agreement, the Port need not deduct fees and dues from employees who work in the Construction Support Specialist (CSS) and Construction Support Specialist, Lead (CSS, Lead) classifications. The Port will provide the Union with a list of hours worked for CSS's and CSS, Leads each month for the previous month. ARTICLE 5: Business Representative Access The Port agrees to allow reasonable access to Port facilities (consistent with regulations controlling the AOA (Airport Operations Area) for business representatives who have been properly authorized by the Union. Such access shall be permitted in a manner as not to interfere with the functions of the departments or the Port. This Article shall apply within the constraints of federal or state regulations and statutes and the Airport Security Plan. ARTICLE 6: Bulletin Board Bulletin boards found to be acceptable and in compliance with the needs of limited use by the Union shall be provided by the Port. These bulletin boards shall be used, maintained, and controlled by the Union. It is understood and agreed to that no material shall be posted which is obscene, defamatory, or which would impair Port operations. ARTICLE 7: Equal Employment Opportunity It is mutually agreed between the Port and the Union that there shall be no discrimination against any employee or applicant for employment or against any Union member or applicant for membership because of race, color, creed, national origin, sex, age, sexual orientation, Vietnam-era veteran, or Americans with Disabilities status. ARTICLE 8: Management Rights Section 1. The U nion recognizes the prerogatives of the Port to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. The Port reserves all rights of Management except as specifically limited in this Agreement. Among such rights are the determination of the methods, processes, and means of providing service, including the increase, or diminution, or change of operations, in whole or in part, including: a. the determination of job content and/or job duties; b. the combination or consolidation of jobs; c. With regard to a and b above, at the Union's request the Port shall conduct a job evaluation to determine if the combination or consolidation of jobs warrants an increase in wages, with the result of the evaluation being subject to the grievance procedure; Page 4 of 41 provided, however, in exercise of such rights, it is not intended any other provision of this contract providing a specific benefit or perquisite to employees shall be changed, modified, or otherwise affected, without concurrence of the Union. Section 2. Subject to the provisions of this Agreement, the Port has the right to schedule work as required in a manner most advantageous to the operation and consistent with requirements of federal and state rules, regulations and directives, and consistent with the Airport Security Plan. Section 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Section 4. Subject to the provisions of this Agreement, the Port reserves the right: (a) To recruit, assign, transfer, or promote employees to positions within the bargaining unit; (b) To suspend, demote, discharge, or take other disciplinary action against employees for just cause; (c) To determine methods, means, work locations and personnel necessary for airport operations and security; (d) To determine the number of personnel assigned on duty at any time. (e) To control the departmental budget, and if deemed appropriate by the Port, to implement reduction(s) in force; (e) To take whatever actions are necessary in emergencies in order to assure the proper functioning of operations; (f) To determine the need for additional educational courses, training programs, on-the-jobtraining , and cross training, and to assign employees to such duties for periods to be determined by the Employer; and (g) To manage and operate its departments except as may be limited by provisions of this Agreement. Section 5. The Union has all rights which are specified in the subsequent Articles of this Agreement and retains all rights granted by law except as such rights may be limited by provisions of this agreement. ARTICLE 9: Grievance Procedure The parties acknowledge that every effort should be made by the employee(s) and the appropriate supervisor to resolve issues prior to initiating grievance procedures. A grievance shall be defined as an alleged violation of the terms of this Agreement. If a grievance is initiated by the Port or the Union regarding the application or interpretation of the terms of this Agreement, the grievance may be filed at Step 2; otherwise, the grievance must be initiated at Step 1. Page 5 of 41 A four-step grievance procedure is established as follows: Step One: Informal Resolution. An employee who believes that a provision of this Agreement has been violated must submit a "Grievance Filing" form (See Appendix C) to the Port and the Union within twenty-one (21) calendar days from the date he/she knew or reasonably should have known of the alleged violation. Within fourteen (14) calendar days of the filing of the completed "Grievance Filing" form, the Port will send a written response to both the employee and to the Union. Step Two: Labor Relations Committee. If the written response in Step One has not resolved the grievance satisfactorily, or if the Union initiated the grievance, the Union may, in its sole discretion, elect to advance the grievance to Step 2. If a grievance is brought by the Port against the Union, it may be filed at Step 2. To advance a grievance to Step 2, either the Union or the Port shall submit a written statement setting forth in detail the facts upon which the grievance is based, the sections of the Agreement alleged to have been violated, and the remedy sought. The Union shall submit such written statement to the Director of Labor Relations and the Port shall submit such written statement to the Secretary/Treasurer/Business Agent of the Union. For a grievance to be timely initiated at Step 2, the written statement must be submitted within twentyone (21) calendar days from the date the grieving party knew or reasonably should have known of the alleged violation. Where a grievance was initiated at Step 1, the Step 2 written statement must be submitted within fourteen (14) calendar days of the receipt of Port's written Step One response. A Labor Relations Committee (LRC) shall consist of the Union's Business Agent and up to two (2) members of the bargaining unit selected by the Union, and up to three (3) persons selected by the Port. The LRC will meet within fourteen (14) calendar days of the request that it do so to discuss and attempt to resolve the grievance. Any resolution reached by the LRC shall be reduced to writing and signed on behalf of the Port and the Union. Step Three: Voluntary Mediation. If the grievance is not resolved at Step 2 of the procedure, upon mutual agreement, the Port and the Union may, within seven (7) days of the LRC meeting, agree to submit the grievance to a mediator appointed by the Public Employment Relations Commission or another mutually agreed upon mediator for mediation. If mediation fails to resolve the issue(s), or if both parties do not agree to submit the grievance to mediation, then the matter may be referred to arbitration by the grieving party. Nothing said or done by the parties or the mediator during the grievance mediation can be used in the arbitration proceeding. Step Four: Arbitration. A. Arbitration Procedures Within thirty (30) days of the failure to resolve this grievance by the LRC or, if the parties attempt mediation, within thirty (30) days of the failure of the mediation process, either party to this Agreement may, in its sole discretion, apply to the Federal Mediation and Conciliation Service for a list of five (5) persons who are qualified and available to serve as arbitrators for the dispute involved. Within five (5) days of receipt of this list, the Labor Relations Committee will jointly select the arbitrator from the list in the following manner: The representatives of the Union and the Port shall each privately identify (strike) two (2) of the five (5) available arbitrators. The person whose name was not struck shall be the arbitrator. If more than one (1) person is not struck by either party, the person Page 6 of 41 not struck whose last name comes first in the alphabet shall be selected. The decision of the arbitrator shall be final and binding to all parties to the dispute. The Union and Port shall pay any compensation and expenses relating to its own witnesses and/or representatives, except that Port employees whose presence is (1) requested by the Union or the Port and (2) reasonably necessary or related to the proper conduct of the arbitration, and who otherwise would be "on the clock," will be treated as if they are still working and thus will suffer no loss of pay as a result of their presence at the arbitration. In order to ensure parity for all employees in this regard, an employee who is assigned to swing or graveyard shift and whose presence meets the criteria set forth above shall be released from some or all of either the shift immediately preceding the date of his/her presence at the arbitration, or the shift following such presence, depending on the circumstances, for an amount of time equal to the amount of time such employee is directed to spend at the arbitration. If either party requests a stenographic record of the hearing, the party requesting the copy will pay the cost of said record. If the other party also requests a copy, the party will pay one-half (1/2) of the stenographic costs. The fees and expenses of the arbitrator shall be shared equally by the parties. The Union does not hereby waive any rights it may have, subsequent to a successful arbitration, to seek an award of reasonably incurred attorneys fees pursuant to RCW 49.48.030. B. Limitation on Power of the Arbitrator The powers of the arbitrator shall be limited to the application and interpretation of this agreement and its appendices. Decisions shall be based on whether or not a contract violation is deemed to have occurred. The arbitrator shall have jurisdiction to decide any dispute arising under this Agreement, but shall not add to, delete, or modify any section of the Agreement. EXCEPTION: Should the Union contend that it is (or could be) entitled to an award of reasonably incurred attorneys fees pursuant to RCW 49.48.030, and should the Port agree, the Port and the Union may specifically request that the arbitrator retain jurisdiction, subsequent to his/her ruling on the merits of the grievance, to determine all issues related to the amount of such an award and to determine the appropriate amount of such an award. Such an agreement may occur either prior to or subsequent to the arbitrator's decision on the merits. C. Time Limits/Intent of the Parties It is the intent of the parties that disputes be resolved in an amicable and orderly fashion based on the merits. In pursuing this end, the parties do not want disputes forced to either the LRC or arbitration that might be resolved at earlier stages. For this reason, the time limits and all other requirements set forth above may be waived by written agreement or acknowledgement of the primary representatives of the parties, i.e., the Port's Labor Relations Director or his/her delegate, and the Union's Business Representative or his/her delegate. D. Time Limitation as to Back Pay Grievance claims involving retroactive compensation shall be limited to one hundred and eighty (180) calendar days prior to the written submission of the grievance to the Port and the Union, provided, however, this one hundred and eighty (180) day limitation may be waived by mutual consent of the parties. Page 7 of 41 ARTICLE 10: Seniority Section 1. Seniority Roster. The Port shall maintain one (1) seniority roster for each classification. Seniority for the purpose of this Article is the employee's most recent date of hire into the particular classification, except as noted below. Section 2. Shift Bid. Employees on a classification seniority list shall have the right to exercise shift preference according to their seniority. Section 3. Reduction in Force. One purpose of classification seniority is to give credit to employee service in layoff and recall situations. Employees will be laid off and recalled from and to a particular job classification according to classification seniority; thus the last employee hired into a classification shall be the first laid off from that classification if there is a reduction in force in that classification. Section 4. Bumping Rights. Persons employed in a particular classification who are laid off from that classification may bump into a previously held equivalent or lower level position within the bargaining unit based on their classification seniority in the lower or equivalent level classification. Should that occur, their seniority in the classification to which they are returning will be the same as when they left that classification (i.e. it will be the original date of their hire into that classification.) A. Senior Operations Controllers, Airfield Operations Specialists or Senior Access Controllers who are laid off from their classification may return to or enter into the job classification of Terminal Access Controller, regardless of whether they previously worked in that job classification or held classification seniority in that job, provided they meet the qualifications of the job. Should that occur, their seniority date wi ll be the date they were originally hired by the Port into any full-time job classification covered by this Agreement. B. Any Terminal Access Controller who is laid off from that classification may return to or enter into the job classification of Construction Support Specialist, regardless of whether they previously worked in that job classification or held classification seniority in that job, provided they meet the qualifications of the job. Should that occur, their seniority in the Construction Support Specialist classification will be the same as when they left that classification (i.e., it will be the original date of their hire into that classification), if they previously worked in that job classification or, if they did not previously work in that job classification, their seniority date will be the date they were hired by the Port into any job classification covered by this Agreement. Section 5. Recall to Classification. Employees laid off from their classification position who bump to any other bargaining unit position in accordance with the provisions of this Article will be entitled to be recalled in their original classification seniority order to their original classification position for a period of two years following the layoff. EXCEPT: the right to be recalled to a classification from which an employee has been laid off will be forfeited if an offer of recall is made and declined. Additionally, an employee must be qualified, or qualifiable for the position within a reasonable amount of time. Nothing in this Article precludes the Port from actually reducing the number of positions available for bargaining unit members. Section 6. Loss of Seniority. All seniority rights shall be broken and forfeited by resignation, or termination for cause, retirement, or voluntarily accepting a position outside of the bargaining unit. Except: If an employee accepts a transfer out of the unit in lieu of a layoff, that employee shall Page 8 of 41 maintain his or her classification seniority until such time as he or she has been working away from the unit in excess of twenty-four (24) months, or declines an offer of recall to the classification, whichever is sooner. Section 7. Retention of Seniority. Classification seniority is not lost through promotion to any position in this bargaining unit, or as a result of exercising a bumping right under Article 10 Section 4. Section 8. Notice of Layoff. In the event of an imminent reduction in force, written notice shall be provided to each employee scheduled for layoff and the Union at least five (5) weeks prior to the date of layoff. Access Controllers working in seasonal positions will be given five (5) calendar days notice. Section 9. Probationary Period. There shall be a six (6) calendar month probationary period after being hired into any position in this bargaining unit. Employees on such probation shall work as directed. Additionally, they shall report to work as called and shall accept designated shift assignments and work assignments. Continued employment shall be based on evidence of the employee's ability to meet the above standards and to maintain a satisfactory level of performance as judged by the Port during the probationary period following hire into a bargaining unit position. Probationary employees have the same rights as all other employees and have the same access to the grievance procedure as all other employees although they can contest termination only on the basis that the termination is arbitrary or capricious or for an illegal reason. ARTICLE 11: Advancement Section 1. Line of Progression. The general line of progression for advancement and promotions shall be as follows: Construction Support Specialist/Terminal Access Controller to Senior Access Controller to Airfield Operations Specialist and/or Senior Operations Controller. Section 2. Seniority Preference. Employees in the bargaining unit shall have priority right to openings in all bargaining unit positions. Such priority right means that any such employee bidding for a promotion shall be granted that promotion on the basis of seniority in the closest lower position provided that that employee has the objective qualifications for the position. No position affected by this priority right shall be advertised outside of the bargaining unit until bargaining unit members have been given reasonable notice of the opening and a chance to bid for the opening. Section 3. Job Qualifications. Only reasonable and actually necessary qualifications may be set as the qualifications necessary to be selected for any position. The employer may create training programs and objective testing to ensure that an employee has such qualifications and the employer may create an objective certification process to create a record of such qualifications. Section 4. Advancement to SOC and AOS Positions. Requirements: 1. To advance, employees must have demonstrated satisfactory performance in their current position. 2. To advance, employees must have the following job related certifications: for AOS AAAE Ace Operations Certificate; for SOC AAAE Ace Communications or AAAC Ace Operations Certificate. Page 9 of 41 Qualification Training Opportunities: 1. The Aviation Division will provide a minimum of six AAAE self paced certification programs to bargaining unit employees seeking promotion to SOC and/or AOS, on a seniority basis, upon ratification of contract in 2012. 2. These certification requirements for promotion will be implemented ten months from the date certification materials are available to a minimum of four bargaining unit members, or the date the first group of four employees complete and pass training, whichever comes first. 3. The Aviation Division will provide a minimum of two additional AAAE self paced certification programs to bargaining unit employees seeking promotion to SOC and/or AOS, on a seniority basis, in 2013 and 2014. Program materials will be ordered as soon as possible in each year no later than Feb. 1. 4. Requests to take the certification programs will be accepted and candidates identified by the end of the prior year. In the event no qualified bargaining unit member fills an AOS or SOC opening the Port will advertise externally with the same certification requirements. The Port will not waive these certification requirements in hiring an outside candidate. Section 5. Out of Class Assignments. Employees with the necessary qualifications may be used as substitute or fill-in or temporary employees in higher positions on the basis of seniority in the employee's regular position. An employee so utilized shall be compensated at the rate of the higher position for all time worked in that position. The right to use fill-in or substitute employees shall not be used to diminish normal work weeks or normal overtime expectations of the affected group. Section 6. Trial Service. Any employee promoted under the terms of this Article shall work subject to a six calendar month probationary period in the new position. Some positions may also require additional certification requirements. If the employee is cut during the course of the probationary period, that employee retains the right to return to his/her position in the classification that he/she left. ARTICLE 12: Jury Duty When an employee is called for and serves as a subpoenaed witness or on jury duty, that employee shall, during such service period, receive full regular compensation from the Port, less any compensation received from the court for such service (excluding travel, meals, or other expenses). Port compensation for service as a subpoenaed witness (Port-related), or on jury duty will satisfy the employee's work requirement for the day of service. It is the intent of this provision to provide relief on those days an employee is assigned to report for jury duty or as a subpoenaed witness. An employee who is assigned to swing or graveyard shift and who is required to serve on a jury shall be released from either the shift immediately preceding his or her jury service or the shift following his or her jury service depending upon the circumstances and compensated for such shift. An employee assigned to day shift shall be released and compensated for the shift which coincides with his or her service. Leave for Jury Duty shall not result in compensation for more than the number of hours in any normal workweek. If the employee is excused on any regular workday from the jury panel, he or she will be expected to report to the Port for regular duty. Page 10 of 41 ARTICLE 13: Bereavement Leave Bereavement Leave shall be granted to employees who have been employed for thirty (30) or more days of uninterrupted service and who have suffered the loss by death of a member of their immediate family. Immediate family shall be defined as spouse or domestic partner and the parents (or one who acted in loco parentis when the employee, spouse or domestic partner was a child) or children of the employee, spouse or domestic partner, a sibling, grandparent or grandchild of the employee, spouse or domestic partner, or a sibling's spouse or domestic partner. Domestic partner shall be defined in accordance with the Port Salary and Benefit Resolution. In special circumstances, the Director of Human Resources may include others in the definition of immediate family. Three (3) days paid leave will be granted if the funeral is in Washington State. Up to five (5) days paid leave will be granted if to cover required travel time to attend the funeral outside of Washington State. ARTICLE 14: Hours of Work, Overtime, and Pay Periods Section 1. Hours of Duty. The normally scheduled workweek for employees affected by this contract shall be the equivalent of forty (40) hours per week on a Port payroll week basis. The workweek shall consist of five (5) consecutive eight (8) hour days with two (2) consecutive days off, or four (4) consecutive ten (10) hour days with three (3) consecutive days off for certain Airfield Operations Specialists, certain Senior Operations Controllers, and certain Access Controllers, as specified below. The normal scheduled workday shall include a one-half (1/2) hour meal period and two (2) fifteen (15) minute rest periods. These rest and meal periods shall be paid at the employee's regular rate of pay. If an employee does not get a lunch break, the employee shall be paid an extra one-half (1/2) hours pay. For all employees covered by this agreement, the break and lunch periods specified above can be combined into a one (1) hour lunch meal period, and such lunch period can be taken during the period ninety (90) minutes prior to and following the midpoint of the shift, with management and employee agreement. All employees covered by this agreement may be required to carry electronic communication devices and keep them activated during break and lunch periods. Section 2. Overtime Pay and Exceptions. Hours worked in excess of the normally scheduled work day, or in excess of the normally scheduled work week on a Port payroll basis, shall be compensated at the overtime rate of one and a half (1.5) times the employee's regular rate of pay. Work in excess of forty (40) hours in a week shall also be paid at the overtime rate. There shall be no pyramiding or compounding of overtime. "Holiday pay" does not count toward calculating hours worked for purposes of calculating overtime for those employees who do not actually work on the holiday. (See "Holidays" article for additional clarification.) Every effort will be made not to schedule unreasonable overtime. Work over twelve (12) hours in a twenty-four (24) hour period or over fifty (50) hours in a week shall be considered unreasonable, Page 11 of 41 except in an emergency. The Port shall make its best efforts to equalize overtime opportunities within a shift on a semi-annual basis. Employees shall receive quick turnaround pay in the event there are not at least eight (8) hours between shifts. When this occurs, the affected employee will be paid four (4) hours minimum time and a half. Section 3. Shift Differentials. Employees shall receive a shift differential of 7.5% over their regular rate when working swing shift hours and 10% over their regular rate when working the mid shift hours. Overtime shall be calculated using the rate of pay for the shift that the employee actually worked. Time brackets defining day shift/swing shift/mid shift are as follows: Day Shift: between 7:00 A.M. - 2:59 P.M. Swing Shift: between 3:00 P.M.-10:59 P.M. Mid Shift: between 11:00 P.M.-6:59 A.M. The majority of hours worked within a particular time bracket will determine the shift differential that an employee is entitled to be paid for the entire shift. In the event that an equal number of hours are worked in two (2) separate shifts, the employee will be paid at the higher shift differential for the entire period of hours worked. Section 4. Scheduling of Days Off. The Port shall not make temporary changes to employee's bid schedule or reschedule days off, solely to prevent payment of overtime. Schedule adjustments to accommodate training while maintaining a forty (40) hour workweek for employees shall be considered appropriate with advance notice as required in Section 7, below. Normal days off at the end of the schedule week shall be consecutive. Section 5. Approval for Overtime Work. Authority for approval of any overtime work shall be limited to departmental management or its designees. Section 6. Minimum Show-Up Time. Any person called in to work on a day off or called in to work before or after the conclusion of their shift shall be paid a minimum of four (4) hours pay at the appropriate rate regardless of the length of the call, unless the call lasts more than four (4) hours. This pay shall be in addition to any pay paid for the person's regular shift. This does not apply to extension of shifts before or after the scheduled shift. Section 7. Notice of Shift Change. Except in emergencies and as specified below, employees shall be provided with fifteen (15) calendar days notice in the event of shift change. Section 8. Pay Periods and Pay Processes. All employees shall be paid bi-weekly, and in the same manner established by the Port's Payroll Procedures and Policies applicable to non-represented employees. Employees covered by this Agreement may be required to use time clocks or other attendance verification technology. Page 12 of 41 Section 9. Special Conditions by Classification . A. Senior Operations Controllers i. Relief Shifts. The hours of work shall be as stated above with the exception of relief shifts, which shall consist of four (4) consecutive ten (10) hour days, except that the relief shift may be assigned to a five (5) day eight (8) hour shift for coverage of a vacated shift In the event management changes relief shift schedules from one type of workweek as defined in Article 14 Section 1 to another, advance notice between two (2) and six (6) weeks shall be made to the affected employee(s). When covering different shifts in the same workweek, the relief shift must have a sixteen (16) hour break. When the Relief person is on a week vacation, the days off before and after the vacation should not change. ii. Scheduling. The Port will endeavor to schedule a Supervisor whenever Senior Operations Controllers are scheduled. Senior Operations Controllers will be directly involved in developing the weekly work schedule. Employees shall be provided with a completed annual work schedule by November 15th, each year. Vacation bidding will start no later than November 15th each year and be completed by December 15th. iii. Day trades and Shift trades. Trades between individuals after shift and vacation bidding is completed shall be permitted subject to Management approval. B. Airfield Operations Specialists i. Hours of Work. The work week shall consist of a number of four (4) consecutive ten (10) hour shifts determined by dividing the number of employees in the AOS workgroup employed as of May 18, 2004 by two (2), and rounding to the next highest number. At management's option, all remaining shifts shall consist of five (5) consecutive eight (8) hour days with two (2) consecutive days off. On further shift bids, the maximum number of four (4) consecutive ten (10) hour shifts shall be determined by the number of employees then employed from this original group, divided by two (2), and rounded up to the next highest number. At management's option, all remaining shifts shall consist of five (5) consecutive eight (8) hour days with two (2) consecutive days off. ii. Relief Shift. One four (4) consecutive (10) hour shift shall be designated a relief shift. In addition to providing coverage for four (4) day ten (10) hour shifts, the relief shift may also be assigned to a five (5) day eight (8) hour shift for coverage of a five (5) day eight (8) hour vacated shift, scheduled at least five (5) days in advance. When covering different shifts in the same workweek, the relief shift must have a sixteen (16) hour break. When the Relief person is on a week vacation, the days off before and after the vacation should not change. iii. Shift Bid. Shifts will be bid by seniority at least once a year. Airfield Operations Specialists can swap shifts among themselves with management approval. C. Senior Access Controllers, Senior Access Controller, Lead and Terminal Access Controllers i. Seniority Shift Bid. Based on seniority, employees shall bid shifts, assignments and/or days off that will be effective no later than the last day of the months of January, May and September. Management will ensure that there are at least fourteen (14) calendar days notice from Page 13 of 41 the time the bid process has been completed and the time that the new shifts, assignments and/or days off are implemented. In the event of a significant change in operations, employees will have the option to re-bid shifts. For the purposes of this section, a significant change is defined as an event such as the addition, elimination or relocation of a post, position, or gate. ii. Vacation Bidding. Vacations shall also be bid at these times based on seniority and in accordance with departmental policy. iii. Shift Assignment. Senior Access Controllers shall be divided into a shift system; each shift shall begin at a specified time and continue for the duration of their scheduled shift. Each shift will have a Relief position(s) as necessary. Shift vacancies shall be filled on a one-time basis with the highest seniority volunteer from within that shift. If there are no volunteers within the shift, it shall be filled by the most senior volunteer from the section. iv. Senior Access Controller, Lead. The Port may, at its discretion, designate one Senior Access Controller bid shift position on each scheduled shift (i.e. "Day", Swing," and "Mid") as the "lead" position, and limit bidding for that shift to those employees who are willing to undertake Lead responsibilities and do not have discipline on record in the last 12 month period. The Lead position will be compensated at a rate of 5% above the pay rate that would otherwise apply. v. Shift Trades. Trades between individuals after shift bidding is completed shall be permitted as follows: Trades will not cause overtime. Trade will not disturb any other established vacation bid. Employees will provide reasonable advance notice to management of trades pursuant to department policy and procedure. The appropriate supervisor will approve trade in writing after the above conditions have been met. vi. Training. The normal workday and/or workweek for Senior Access Controllers may be modified to accommodate training or educational requirements. Such modifications shall not be made unless the training or educational requirement is for a time period of five (5) or more calendar days. Employees required to attend approved training shall be compensated at the assigned shift rate of pay. D. Construction Support Specialist, Construction Support Specialist, Lead i. Hours of Duty. Management shall have the discretion to assign shifts of varying lengths, including but not limited to ten (10) hour, or eight (8) hour, or twelve (12) hour shifts. ii. Work Assignments. Straight time work assignments will be assigned by seniority and the employer will endeavor to equalize overtime among employees recalled to work in as equitable distribution as practical. The employer will make a good faith effort to post work schedules one (1) week in advance. iii. Rotating Shifts. The current system of rotating shifts will be maintained. Access Controllers can swap shifts among themselves with management approval. Page 14 of 41 iv. Badging Pay. The Port agrees to compensate Construction Support Specialists and Construction Support Specialist, Lead, who are not scheduled to work, four hours report pay to complete the annual badge renewal process. No more than four hours pay will be approved per badging process. ARTICLE 15: Holidays Section 1. Effective at the signing of this agreement, the following paid holidays shall be recognized and observed, as follows: New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Christmas Day December 25 One (1) "Floating Holiday" To be designated by the Port When the Port's salary and benefit resolution shifts the day of observance of any of the above holidays, that shift shall apply to the holidays under this contract as well. Section 2. Premium Pay for Working on a Holiday. Employees scheduled to work on a Port observed holiday shall receive one and one half times regular rate of pay for hours worked on a Port designated holiday. Employees who work on the actual holiday of Christmas Day, New Years Day or Independence Day shall receive one and one half times regular rate of pay for hours worked, if different from the Port's designated day of observance for those three holidays. In no case shall an employee be eligible for holiday premium pay for more than one day for each of the ten holidays. Section 3. Compensation for Holidays. (This section not applicable to Construction Support SpecialistsSee Holiday Pay for Construction Support Specialists) "Holiday pay" for bargaining unit employees shall be eight (8) or ten (10) hours (whichever is the regular shift) at the straight-time rate subject to the following conditions: All employees (except Construction Support Specialists- See Below), whether they work or don't work on the holiday, will receive "Holiday Pay" in one of two forms: Either a) A "cash out" of the 'holiday pay', OR b) An "in lieu of holiday" day off (equivalent of 8 or 10 straight time hours, whatever is the regular shift) The choice between a and b is subject to certain limitations described below: 1. If employees choose to cash out the "holiday pay", there is no choice of when it is cashed out- it attaches to the contractually listed holiday. OR 2. If employees choose the "in lieu of" day off option, such day would have to be asked for by the Page 15 of 41 employee and approved by management before it can be taken (just like PTO). Such "in lieu of" days must be taken before PTO is used. It is up to the employee to keep track of their "in lieu of" days. All such "in lieu of" days will be cashed out at the straight time rate at the end of the same Port payroll calendar year in which they were earned. (e.g., all 'in lieu of" days earned in 2008 will be cashed out at end of the Port's payroll calendar year for 2008.) If the employee does not make the choice on their time cards during the pay period of the holiday, they will get the "holiday pay cash out" (of 8 or 10 hours straight time, whatever is their usual shift) by default. Also, for only those employees who actually work on the holiday they get, in addition to "Holiday Pay", an OT premium for hours actually worked on the holiday. The premium is time-and-a-half for their regular shift, and two-and-a-half their regular rate for hours worked beyond their normal shift. It is the intent of this Holiday Pay Article that only those employees who actually work on the holiday will receive the benefit of the overtime premium in addition to "Holiday Pay". "Holiday pay" does not count as hours worked for purposes of calculating overtime for those employees who do not work on the holiday. (i.e. if the holiday falls on a Monday, and an employee's normal work schedule is Tuesday-Saturday, the fact that the employee is paid eight (8) hours of 'holiday pay' for Monday would not cause the employee to be paid OT for working on Saturday, their regular day of work.) This Section shall be effective starting with the first contractually listed holiday after the signing of this Agreement. Holiday pay shall be prorated for all employees who work less than a full time schedule. Section 4. Construction Support Specialists Holiday Pay. Construction Support Specialists who have actually worked at least three shifts during the fourteen (14) calendar days immediately preceding the contractually listed holiday AND are active employees on the day after the holiday will receive eight (8) hours of holiday pay for that holiday. All such holiday pay shall be in the form of a "cash out". If an Construction Support Specialist (1) has worked or been compensated for at least one hundred and sixty (160) straight time hours in the four (4) workweeks immediately preceding the holiday week, (2) would have been scheduled to work four (4) ten (10) hour days during the holiday week were it not for the holiday, and (3) is actually assigned to work three (3) ten (10) hour days (or two (2) ten (10) hour days if there are two (2) holidays in the holiday week), the Construction Support Specialist will receive ten (10) hours of holiday pay for each holiday that replaced the scheduled shift in that week. This Section shall be effective starting with the first contractually listed holiday after the signing of this Agreement. At that time, the Memorandum of Understanding dated April 20, 2006, regarding Construction Support Specialist holiday pay is no longer in effect. Page 16 of 41 ARTICLE 16: Paid Time Off (PTO) and Extended Illness (EI) Section 1. Paid Time Off (PTO) A. Scheduling of PTO. At any time after the successful completion of the six (6) month probationary period, eligible employees may request and use PTO of up to the number of days accrued (explained in detail below) at the time of the desired PTO date subject to the approval of management or his/her designee. Employees will endeavor to give thirty (30) days notice to the Manager of a requested PTO leave and in no case, barring an emergency or by mutual consent, shall there be less than five (5) days notice. The Manager will endeavor to approve an employee's vacation request within two (2) weeks of notice by the employee. Payment for PTO may be made only to the extent of unused PTO accruals at the time of the leave. B. Limits on Accumulating PTO: PTO accumulation shall be limited as follows: i. Employees Hired Before 12/20/98: PTO accumulation shall be limited to 1,200 hours effective January 1, 2007. The limit will decrease by one hundred (100) hours each successive January until January, 2014, when it will decrease from six hundred (600) to four hundred and eighty (480) hours. Balances over the limit will be cashed out at a 100% rate during the first (1st) pay period of the payroll year. Accruals over the limit will be cashed out quarterly. ii. Employees Hired On or after 12/20/98: PTO accumulation shall be limited to four hundred eighty (480) hours. Accruals will cease when the limit is reached and will resume only when the balance is below four hundred and eighty (480) hours. Management shall be responsible for encouraging and allowing proper scheduling for employees taking annual leave in order to avoid any forfeiture of PTO. It is not the intent that employees be allowed to forfeit PTO. C. Rates of Accruals: Eligible employees shall receive PTO accruals based upon a pro rata share of a full-time work schedule. PTO is earned as follows: i. Based on the first day of employment from the first (1st) full month to and including the thirty-sixth (36) full month of continuous employment, eligible employees shall accrue PTO at the rate of .07538 hours per straight-time hour paid. (e.g. .07538 x 1950 annual hours = 147.0 hours, .07538 x 2080 annual hours=156.8 hours) ii. From the thirty-seventh (37) full month to and including the eighty-fourth (84) full month of continuous employment, eligible employees shall accrue PTO at the rate of .09462 hours per straight-time hour paid. (e.g. .09462 x 1950 annual hours = 184.5 hours; .09462 x 2080 annual hours = 196.8 hours) iii. From the eighty-fifth (85) full month to and including the one-hundred thirty-second (132) full month of continuous employment, eligible employees shall accrue PTO at the rate of .10423 hours per straight-time hour paid. (e.g. .10423 x 1950 annual hours = 203.3 hours; .10423 x 2080 annual hours = 216.8 hours) Page 17 of 41 iv. After completion of eleven (11) years of continuous employment starting with the one hundred thirty-third (133) month, eligible employees shall accrue PTO at the rate of .11385 hours per straight-time hour paid. (.11385 x 1950 annual hours = 222 hours; .11385 x 2080 annual hours =236.8 hours) D. Cash Out Option. Employees who have taken at least two weeks (80 hours) of paid time off in the previous twelve (12) months may cash-out any amount of their remaining paid time off on a monthly basis. A "Paid Time Off Cash-Out Request and Waiver" form should be submitted to Payroll with the time logs for the first paycheck of the month. The cash-out check will be issued with the first paycheck of the month. Cash-outs shall be at the scheduled hourly rate of pay as recorded in the payroll system. Cash-outs are subject to prevailing flat withholding, FICA and PERS deductions. If there is a Deferred Compensation Salary Reduction Agreement in force at the time of the cash-out, such reduction may be applied to the cash-out. Section 2. Payment for Accrued Leave at Termination. Leave that is cashed out at termination shall be at the scheduled hourly rate of pay as recorded in the payroll system. A. Extended Illness (EI). Upon termination or retirement immediately following five complete years of active employment in a continuous period of employment with the Port of Seattle, qualified employees shall be compensated, as described below, for 50% of their unused EI leave at their rate of pay at termination. B. Paid Time Off (PTO). Upon termination, eligible employees shall receive compensation at 100% value in lieu of unused accrued PTO. PTO may be cashed out, used as service time after the last day worked, or taken in a combination of cash and service time. A probationary employee who terminates active employment before satisfactorily completing the probationary period shall receive no PTO pay. Due to the effects of accrued leave on service time and of federal laws on rights to continuation of medical insurance, terminating and retiring employees should notify the Benefits Section in Human Resources and Development as soon as possible in order to obtain the appropriate counseling. In the case of a regular employee's death, a lump sum payment for payable amounts of unused accrued leaves, extended illness, and PTO shall be paid to the employee's heir or estate as appropriate. Section 3. Extended Illness (EI) Leave A. Extended Illness (EI) Leave. Employees shall receive Extended Illness leave accruals as follows: Employees shall accrue EI leave at the rate of 0.02308 hour per straight-time hour paid. The accruals shall commence from the date of employment and shall not exceed the equivalent of six (6) workdays per year. EI leave accruals may be used only after sixteen (16) hours of absence due to illness, injury or disability. The first sixteen (16) hours will be charged to PTO accounts. The exceptions are for inpatient hospitalization, workers compensation, FMLA-designated leave, Family Care Act (FCA) leave, Page 18 of 41 or probationary employees. Intermittent leave (with no more than 15 days between absences) caused by the same medical condition may be charged to EI without using another sixteen (16) hours of PTO before each subsequent absence. A physician's statement may be required to verify the situation. EI leave will be used only in instances of employee or immediate family member illness, injury, or disability. Immediate family shall be defined as spouse or domestic partner, and the parents or children of the employee, spouse, or domestic partner. For the purposes of EI, an employee and a domestic partner must be willing to declare that they: 1) share the same regular and permanent residence; 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; 6) are not related by blood closer than would bar marriage in the State of Washington; 7) were mentally competent to consent to contract when the domestic partnership began, and 8) are each other's sole life partner and are responsible for each other's common welfare. In special circumstances, Management may include others in this definition. Management may at any time require a physician's statement to justify use of EI leave. A physician's release shall be required prior to the return to work by an employee who has suffered an absence of longer than two weeks due to illness, surgery, or an accident or who has experienced hospitalization of any kind. B. Payoff. Unused Extended Illness leave may not be converted to cash payment except upon termination or retirement and after five (5) years of continuous service, qualified employees shall be compensated for fifty percent (50%) of their unused Extended Illness leave at their rate of pay at termination. C. Abuse of Extended Illness Leave. Both parties are committed to work to minimize or eliminate any abuse of extended illness leave. D. Shared Leave. The Port of Seattle shared leave program is designed to allow employees to come to the aid of fellow Port employees who are suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate his or her employment. This includes the first six (6) to eight (8) weeks of maternity leave (up until the physician releases the mother to return to work. "Severe" or "extraordinary" condition is defined as serious, extreme, chronic and/or life threatening. Recipient employees may not be receiving any compensation from other sources as a result of the illness or disability. Other sources include workers compensation or long-term disability benefits. However, shared leave may be used during elimination periods for such benefits (i.e., the 45 calendar days before LTD eligibility under the Port's plan). Any employee may donate any amount of paid time off or extended illness leave at a 100% rate, or hour-for-hour. Donated leave shall be designated to a specific individual. Donations and requests for shared leave will be coordinated in Human Resources and Development. Page 19 of 41 All shared leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program. Shared leave will be paid at the recipient's own rate of base pay. Paid time off and extended illness leave will accrue on shared leave. However, shared leave will not extend the period of Port-paid insurance benefits in LWOP situations. Shared leave will be reported as taxable income on the recipient's W2. The Manager or designee will be responsible for reviewing all requests submitted pursuant to this policy and determining whether the process of donation of paid leave may proceed, based on the provisions of this policy. It is not intended that the Shared Leave program would allow employees who are terminating their employment with the Port to donate their unused EI upon their termination. ARTICLE 17: Leave Without Pay Section 1. When an employee requests leave without pay (LWOP) in conjunction with any other leave, the requests should be combined so the Manager or designee may assess the consequences of the entire period of time off being requested. LWOP may not be approved unless it will occur after all appropriate paid leave accruals are exhausted. When the absence is for personal reasons, all vacation or PTO leave must be exhausted. If illness is involved, all sick leave or EI and vacation or PTO must be exhausted. Approval of a leave under the conditions and limits of this section assumes the employee's right to reinstatement without loss of pay. However, if a reduction in force should occur during a period of leave, the returning employee would be subject to the action, which would have taken place, if the employee had remained at work. If any employee does not return within the agreed time and does not notify the Port of the reason or request an extension, a termination personnel action form shall be prepared following final determination by the Manager or his/her designee. Section 2. The following types of leave shall be authorized by the Manager or designee within the conditions and limits indicated: A. Military LWOP: Under 90 Days: Military leave shall be provided as stated in the current Port of Seattle "Salary and Benefit Resolution, and in accordance with RCW 38.40.060. B. Personal LWOP: A request for LWOP for non-military or non-medical reasons shall be considered a personal LWOP. Approval is not automatic. Port management considers leaves extending beyond an employee's accrued vacation as a special consideration to be granted only after careful evaluation. Each request will be considered on its own merits and the factors to be considered by the Manager or designee or his designee shall include: Page 20 of 41 The purpose and length of requested leave The employee's length of service The effects of such an extended absence on the operational efficiency of the department. A personal LWOP with a mutual benefit for the Port and the employee would receive greater priority, for example, than a request for time off to travel. After an evaluation, the Manager or his designee may authorize up to ninety (90) calendar days LWOP to a regular employee whose performance and attendance are satisfactory. C. Medical LWOP: A disability period is the time an employee is unable to perform the duties of his/her position due to illness or injury as determined and certified by a health care provider in writing to the Port. Illness may include, but is not limited to, disabilities related to pregnancy or childbirth, alcoholism, drug addiction, and psychological disorders. When LWOP is requested in excess of the certified period of disability, it is handled as for Personal LWOP. Medical LWOP required to cover certified periods of disability may be granted to employees suffering from either job-related or non-job related disabilities for up to ninety (90) calendar days. The ninety (90) calendar days are to run concurrently with any applicable FMLA leave. Medical leaves in excess of ninety (90) calendar days are covered under Special LWOP considerations. D. Special LWOP Considerations: Personal LWOP in excess of ninety (90) calendar days and medical LWOP in excess of ninety (90) calendar days shall be granted only upon the recommendation of the Manager and the Director of Human Resources and Development. E. Probationary Employees LWOP: Leaves without pay for probationary employees may be granted at the discretion of the Manager or his designee under emergency circumstances. However, if the authorized leave is in excess of two weeks, the probationary period shall be extended by a time period equal to the authorized leave. F. Seniority Status While on LWOP: An employee's seniority ranking will remain unchanged while on LWOP. However, an employee's rate of vacation accrual will not change. ARTICLE 18: Other Benefits The Port agrees to provide the following benefits: A. Unemployment Compensation Benefits under the Washington State Employment Security Act. B. Social Security insurance (FICA) as covered by the Federal Insurance Contribution Act. Page 21 of 41 C. Credit union participation. D. Washington State Workers' Compensation. E. Educational assistance for employees shall be subject to the approval of the Manager. It is agreed that if the funds are not available through other sources, such as special Federal or State programs, with the advance approval of the Manager or designee, the Port shall provide reimbursement limited to job related educational curricula in accordance with Port of Seattle Policy HR-12. F. Employees shall be eligible for participation in the Port of Seattle's Deferred Compensation Plan as revised December 8, 1981. Eligibility and participation of employees shall be subject to the terms and conditions of such plan including any plan amendments, revisions or other possible cancellation. It is further agreed that content of the plan itself, plan administration and any determinations made under the plan shall not be subject to the Grievance Procedure or to any other provision of this Labor Agreement or to negotiation by the Union. G. Employees shall be eligible for participation in the Port of Seattle's Flexible Spending account program. Eligibility and participation of employees shall be subject to the terms and conditions of such plan including any -plan amendment, revision or possible cancellation. It is further agreed that content of the plan itself, plan administration and any determination made under the plan shall not be subject to the Grievance Procedure (Article 9) or to any other Provision of this Labor Agreement or to negotiation by the Union. H. Employees shall be eligible to participate in the voluntary, employee-paid Long Term Care insurance plan made available to Port non-represented employees. Eligibility and participation of employees shall be subject to the terms and conditions of such plan including any plan amendment, revision or possible cancellation. It is further agreed that the content of the plan itself, plan administration and any determination made under the plan shall not be subject to the grievance procedure or to any other provisions of this agreement or to negotiation by the Union. I. Employees shall be eligible for transportation and parking benefits as established by the Port Salary and Benefit Resolution. J. Permanent Reduction in Work Force. In the event that any of the positions currently held by any member of the bargaining unit or any of the work currently done by bargaining unit members is altered or eliminated by technological changes or changes in security requirements so as to cause a reduction in overall work for the bargaining unit, excluding Access Controller, the following will apply: Section 1. The Port shall provide detailed information to the Union as to the nature of these changes and shall make its best effort in estimating the number of full time equivalent positions that will permanently be reduced. The Port shall consider in good faith all proposals by the Union to mitigate the impact of the anticipated reduction in work force, including but not limited to alternative configurations and/or more efficient utilization of existing bargaining unit employees, training for employees to perform existing Page 22 of 41 jobs changed or modified by the Port's decision to introduce technological or other operational changes, and the replacement of affected employees in other positions within the Port. Section 2. If the Port notifies the Union that it anticipates a permanent reduction in workforce for bargaining unit members, it shall soon thereafter notify all bargaining unit employees in the affected classifications. By classification, bargaining unit employees shall have the right to volunteer to surrender their seniority rights in lieu of less senior employees in the classification being laid off and accept the severance benefit provided for under this Article. If it is determined that permanent reduction will occur, this notice will state the date by which an employee must notify the Port in writing that the employee will exercise the employee's right to volunteer for severance. This deadline will be a minimum of seven (7) calendar days following the notification. If more volunteers request severance than there is permanent reduction, the most senior employees will have preference in exercising this option. If there are more permanent reductions than volunteers requesting severance, the least senior employees will be laid off first. Employees notified that they are subject to a lay-off must select in writing, on a form provided by the Port, one of the following options. Failure by the effected employee to inform the Port of his/her selection within one hundred eighty (180) days after the written notice from the Port to the employee that the employee is being laid-off as a result of an anticipated permanent reduction shall result in the employee being provided option A. Option A. Seniority shall be broken by lay-off of eighteen (18) calendar months, or the expiration of this agreement, whichever is greater. Any recall to Port employment from lay-off shall serve to reactivate seniority rights and seniority shall be retained for an additional eighteen (18) calendar months, or the expiration of this agreement, whichever is greater. Option B. Surrender all seniority rights, including the right to recall. Receive severance pay in the amount of one week of regular pay for each year in service. Employees with less than one (1) year of seniority shall receive one (1) week of pay as their severance. After a one (1) month grace period, the employee will have the option to self-pay for coverage under one of the Port medical plans for the second through the eighteenth (18) month after severance from employment from the Port, as provided by COBRA legislation. If other benefits are provided by law subsequent to the execution of this agreement, the Port with comply with such laws. Section 3. Assistance will be provided in seeking other suitable employment for up to one year after being subject to permanent reduction in work force. This outplacement may be provided by either the Port's Human Resources and Development staff or by retained consultants, at the Port's discretion. Section 4. The Port's policy providing preference for Port employees on lay-off status for subsequent openings, as stated in HR-10, or as modified or amended from time to time by the Port, shall be applied to employees covered under this agreement in the manner as to other Port employees. ARTICLE 19: Health and Welfare Programs Employees shall be covered by the Medical, Dental, Life Insurance and long-term Disability Insurance benefits described in paragraphs A, B, C, and D below. The Port retains the right to modify and/or change insurance benefits and/or carriers at any time during the term of the agreement. Coverage under this Article shall not be a bargainable issue. However, the Port agrees to meet and discuss any changes in Port coverage with the Union. Page 23 of 41 Employees may be required to pay a portion of some insurance premiums if required of other Port employees. Employee costs shall be by payroll deduction. Employees are responsible for notifying the Port on approved enrollment forms of their eligible dependents. Any extra costs associated with a lack of notification shall be the employee's responsibility. Employees shall be eligible to maintain continuity of coverage as provided for under the Consolidated Omnibus Reconciliation Budget Act (COBRA). A. Medical Insurance: Probationary, eligible employees who normally maintain active employment schedules of ninety (90) hours or more each month shall receive paid surgical, hospital and major medical insurance coverage for themselves and their eligible dependents. The eligibility and other conditions of coverage are established between the Port and the insurance companies or agencies selected to provide such benefits. Coverage for dependents shall be provided by the same medical insurance plan, which the employee has chosen. B. Dental Insurance: On the first (1st) of the month following the date of hire, eligible employees and their eligible dependents shall receive dental insurance coverage. The eligibility and other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. C. 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. D. Long-term Disability: Full-time regular employees are eligible for long-term disability benefits on the first (1st) of the month following date of hire. Regular part-time employees are eligible for the benefit on the first (1st) day after completing nine hundred and seventy five (975) hours of employment. The eligibility and other conditions of coverage are established with the insurance company or agency selected by the Port to provide such benefits. E. Light Duty: Employees covered by this labor agreement injured while in the services of the Port of Seattle will be considered for light duty work as they are released to perform such duty through a careprovider and in accordance with the policies and procedures that govern the Port's self-insured Worker's Comp program. Page 24 of 41 ARTICLE 20: Pensions The Port shall continue coverage for employees covered by this agreement under the Washington State Public Employees Retirement System. ARTICLE 21: Safety The Port will take all steps necessary to maintain a safe work place and safe work environment. No employee is expected to risk injury or illness during the course of employment. Employees should take reasonable steps, such as notifying management of any unsafe conditions that occur during the course of their work. ARTICLE 22: Equipment Section 1. The Port shall provide the employees with uniforms (when required) and equipment that the employee is expected to utilize in the job and in accordance with the requirements as established by the Director. The Port shall provide cleaning service for all authorized uniforms. Section 2. All employees covered by this collective bargaining agreement are subject to the same requirements, processes, fees, and fines as non-represented employees. Section 3. The Port shall provide an annual allowance equal to 50% of the price of required footwear, up to $100.00, to employees in the construction support specialist and airfield operations specialist job titles. The foot wear must be made of leather or other equally firm material. The soles and heels of appropriate footwear must be of a material that will not create a slipping hazard. Athletic shoes (e.g., Nike or Reebok brands), shoes with canvas tops, sandals, clogs, slippers, open toed or open heeled shoes, high heels, and dress shoes are examples of footwear that is not to be worn. Additionally, footwear that has deteriorated to a point where it does not provide the required protection shall not be worn. New employees must report to work with the required footwear within three weeks of their hire date. Employees failing to report to work without the required footwear in proper condition may be sent home without pay and/or disciplined. ARTICLE 23: Professionalism and Training Records It is recognized that the positions covered by the contract are important evolving positions that involves an ever-increasing range of responsibilities. The Port will provide training for all employees and will maintain a careful record of the training accorded employees. The training opportunities will be made available to all employees without discrimination or distinction. In addition, employees may be involved in all post-incident critiques or hearings relating to or affecting matters within the scope of their responsibilities. All pre-approved training, meetings and/or critiques will be considered work time and will be compensated as such. Employees will be reimbursed for any travel or meals incurred as a result of management directed training approved by the Manager or designee under this article and consistent with Port policy. ARTICLE 24: Shop Stewards Page 25 of 41 The Union has the right to appoint shop stewards. Those shop stewards shall have the right to engage in necessary contract-related matters including advising employees and assisting those facing discipline without loss of pay irrespective of when those events occur. Claims of alleged abuse of this right are matters for the grievance and arbitration procedure set forth in this Agreement. ARTICLE 25: Discipline and Personnel Records Section 1. Progressive Discipline. The Port shall not discipline or discharge any employee except for just cause or as provided in Article 9, Section 8 (probationary period). All discipline after the probationary period shall be subject to review in Article 9, Grievance Procedure. Section 2. Progressive Discipline. The following progressive discipline procedure shall be followed. A. Verbal Notification. An employee shall be notified at least once by his or her manager or designee of undesirable performance or conduct, or an undesirable trend in performance or conduct and the need for correction. A written record of said verbal notification shall be placed in the employee's personnel file. At the employee's option, the employee may submit written comment regarding the basis for the verbal notification within fifteen (15) working days. B. Written Notification. If the employee's performance or conduct does not improve following verbal notification, a written notice will be issued to the employee by his or her direct supervisor. At the employee's option, the employee may submit written comment regarding the basis for the written warning within fifteen (15) working days. C. Suspension or Discharge. Suspension, demotion, corrective probation or discharge may only be issued for just cause and so long as the employee has received both verbal and written notification. No prior notification shall be necessary if the cause for discipline is gross insubordination or serious misconduct. Section 3. Personnel Files. Every employee shall have the right to look at their personnel file and copy or have copied at the employee's expense, any material that is in the file. Every employee shall have the right to submit written material for addition to their file and that material shall be kept in the file so long as the material it rebuts is in the file. No warning notice or other documentation or evaluation regarding the employee shall be considered valid unless it was first given to the employee and the Union and the employee was given a chance to prepare a rebuttal statement. No personnel file material other than routine payroll information may be used in any grievance proceeding or disciplinary proceeding involving the employee unless that material was shown to the employee at the time it was created and before it was placed in the file. Written warnings and other evidence of discipline shall not be valid for more than twelve (12) months unless a similar or related offense is committed within that period. In the case of a similar or related offense, the twelve (12) month period begins anew. Nothing precludes the Port from using discipline documentation older than 12 months to establish notice. ARTICLE 26: Good Faith Guarantee Page 26 of 41 The Port and the Union agree to deal with each other in good faith and observe their commitments without resorting to gimmicks or subterfuge. ARTICLE 27: Performance of Duty. Strikes and Lockouts Section 1. Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. The Union agrees that it will not condone or crusade any strike, slowdown, mass sick call, or any other form of work stoppage or interference with the normal operation of the Port. Section 2. The Port agrees that there shall be no lockouts. Section 3. The conditions stated in Sections 1 and 2 of this Article shall remain in effect with or without a signed labor agreement. ARTICLE 28: Emergency Conditions Employees may be required to report to work under emergency conditions such as snow or other natural emergencies or security emergencies. In such case, regular shift regulations may be suspended as necessary to deal with the emergency. (The suspension of the regular schedule does not alter the overtime rules except such rules as might apply to short notice of shift changes.) If required by management to stay overnight or between shifts, the employees will be provided reasonable accommodations and sufficient and reasonable subsistence. ARTICLE 29: Personnel The Port shall maintain sufficient qualified personnel to comply with the requirements of its airport certification manual or airport certification specifications and the applicable rules of this part. ARTICLE 30: Compensation for Travel Time Section 1. The Port agrees to reimburse employees required to travel outside of King County for reasonable out-of-pocket expenses that may be incurred for transportation, meals, and lodging. Expenses covered shall be limited to those incurred only in connection with the assignment and shall cover employee expenses only. Proof of expenditures shall be required for reimbursement. Claims for expenses shall be submitted to the Administrative Section no later than three (3) business days prior to the due date on the Travel Authorization and Fund Advance, except in emergencies. While a specific dollar amount for meals is not specified, the charges must be reasonable. Reasonable expenses shall be consistent among department personnel. Absence of a meal(s) does not substantiate an excessive amount for another meal. As a guideline, the approximate amounts charged in the Anthony's Restaurant at Sea-Tac International Airport represent the upper limit of reasonable. Section 2. An employee's normal pay and work schedule shall apply as provided for in this Agreement in connection with travel assignments outside of King County. Section 3. When travel by an employee's private vehicle is required and authorized by management, such travel shall be reimbursed in accordance with the mileage reimbursement schedule as approved by the Port Commission for Port employees. Page 27 of 41 ARTICLE 31: Savings Clause If any Article of this Agreement or any Appendix hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Appendix should be restrained by such tribunal, the remainder of this Agreement and Appendices shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 32: Entire Agreement Section 1. The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. Section 2. Under the Port's commitment in Article 26 - Good Faith Guarantee, the Port agrees to notify the Union in advance and meet and discuss any major or significant changes in the operation and/or working conditions before those changes become effective unless they are necessitated by any emergency situation. In that event the notification, meeting, and/or discussions will take place as soon as possible thereafter. ARTICLE 33: Labor Management Committee At the request of either the Port or the Union, the other party agrees to meet on an informal basis outside the grievance procedure to discuss issues of mutual concern including but not limited to: new projects, new equipment, and questions of interpretation and administration of this Agreement. Any understandings or agreements reached as a result of such meetings shall be reduced to writing and signed on behalf of the Port and the Union or such understanding shall be null and void. The parties agree to meet, during the life of the agreement, to gather input and discuss, for the purpose of updating the bargaining unit job descriptions. Prior to the creation of the new position of Senior Access Controller, Lead, the parties will meet to gather input and discuss the scope of work to be performed. ARTICLE 34: Drug Testing Employees may be required by the National Transportation Safety Board (NTSB), the FAA, or the Port to submit to toxicological testing necessary as a result of an incident or accident under investigation by the parties specified in this Article. ARTICLE 35: Contract Re-opener Section 1. Construction Support Specialists. Upon request of the Union or the Port, the parties agree to midterm bargaining on the subjects of benefits, benefits administration, wage rates and employment status for the Construction Support Specialist classifications. Bargaining under this opener could include modifications to multiple articles of the contract. Section 2. Proviso: during the term of this agreement, no provision of this contract providing a specific benefit or prerequisite to employees shall be changed, modified, or otherwise affected, without Page 28 of 41 concurrence of the Union. ARTICLE 36: Term of Agreement Effective date of this contract is April 1, 2011. This agreement signed ________________________shall remain in effect unless the termination date is extended by mutual agreement until December 31, 2014, and shall be deemed renewed thereafter from year to year unless either party gives written notice to the other of a desire to modify or terminate the same, said notice to be given at least sixty (60) days prior to the expiration date. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this ___________day of_______. By ______________________________________ Mr. Tay Yoshitani, Chief Executive Officer PORT OF SEATTLE By _______________________________________ Mr. Tony Hutter, Sec-Treasurer INTERNATIONAL LONGSHORE & WAREHOUSE UNION, LOCAL #9 Page 29 of 41 APPENDIX A: WAGE RATES (A) Effective April 1, 2011, wage rates shall increase as follows: Classifications Percentage Increase Hourly Rates Effective 4/1/11 Senior Operations Controller 2.1% $28.35 Airfield Operations Specialist 2.1% $28.35 Senior Access Controller, Lead (new) $24.22 Senior Access Controller 2.1% $23.06 Terminal Access Controller 2.1% $20.37 Lead Construction Support Specialist 2.1% $21.01 Construction Support Specialist 2.1% $20.37 (B) Effective on the first day of the first pay period in payroll year 2012 , wage rates in the above categories will be increased by 100% of the October through October Seattle/Tacoma/Bremerton CPI - U. This increase will not be less than zero percent (0%) nor greater than six percent (6%). (C) Effective on the first day of the first pay period in payroll year 2013 , wage rates in the above categories will be increased by 100% of the October through October Seattle/Tacoma/Bremerton CPIU. This increase will not be less than zero percent (0%) nor greater than six percent (6%). (D) 2014 Wage Opener. On or before November 1, 2013 the parties will convene to negotiate rates of pay applicable to payroll year 2014. Page 30 of 41 APPENDIX B: JOB DESCRIPTIONS The job descriptions for each bargaining unit position is appended to the agreement for reference purposes.The Port and the Union agree that the job duties listed do not encompass every job duty that employees are expected to perform. Further, being listed below does not indicate whether or not each job duty is exclusive to the bargaining unit or exclusive to a singular bargaining unit position. It is also understood that the Port has the discretion to assign employees any portion of the duties listed within their particular job classification. Compensation and conditions of assignment to employees of duties normally performed by another bargaining unit position shall be governed by Article 11, Section 5. SENIOR OPERATIONS CONTROLLER Position Summary This position provides a centralized communication resource for monitoring and coordinating a variety of airport activities that affect the safe, efficient and secure provision of services to passengers, tenants and customers in compliance with Federal Aviation Regulations, Parts 107, 108 and 139. Responsibilities include monitoring the operation of the automated Satellite Transit System, coordinating the response to emergency, operating, or maintenance issues affecting the system. Provide emergency communications and notifications to key airport personnel and agencies in response to emergencies, unusual events, and other events that may affect the operation of Seattle- Tacoma International Airport. Accountabilities Monitors and operates the Satellite Transit System (STS) during normal, routine maintenance and emergency operations. Notifies the Duty Maintenance Representative (DMR) of any malfunctions and emergencies and assists with recoveries via the various controls of the STS Control System. Using closed circuit television and various types of communication equipment and systems, monitors a variety of airport activities and ensures that appropriate staff are notified of significant events or system malfunctions, in accordance with applicable departmental and airport rules and regulations. Examples include, but are not limited to: Tenant notifications Public announcements via the Terminal Announcement System public address system Use of Send Word Now (SWN) System Notification to government agencies, as appropriate Professional verbal interaction between the public, tenants, and other customers. Coordination of daily flight activity at Port owned, or controlled gates. As assigned at a date to be determined, share responsibility for monitoring various Aviation Maintenance systems and respond according to established procedures and protocols. As assigned at a date to be determined, answer phone and radio calls for maintenance issues and respond according to established procedures and protocols supplementing Maintenance Service Response Line (Phone tree) As assigned at a date to be determined, log information as appropriate on maintenance systems issues and calls into appropriate tracking system. Page 31 of 41 Provides emergency airport paging service for customers and may, on occasion, accommodate airline request for flight operation pages. Displays and updates graphic information on electronic reader boards at various locations within the Airport using the FIMS aircraft gate management system . Monitors a variety of radio frequencies (talk groups) including Fire, Police, Airport Operations, Maintenance, FAA Tower and Ground, Parking, Ground Transportation. Maintains numerous logs, including, the, Satellite Transit System loss time and Airport Communication Center Significant Activity logs. Monitors and tests a variety of alarm systems such as elevator, security intrusions, , Alarm Monitoring System, and Satellite Transit System tunnel door alarms. Monitors and responds to alarms expeditiously to facilitate the safe movement of passengers during an emergency response. May assign Port of Seattle aircraft gates and Customs baggage carousels for arriving international flights and domestic arriving/departing. May monitor flight activity at Port of Seattle gates to ensure a proactive approach to resolve daily gate use conflict. May also be required to assign cargo aircraft parking spaces. Conduct tours of the Communication Center, as requested. Assists with special projects related to the Communications Center activities, as assigned. Assists in training and orientation of new Operations Controllers and, where appropriate, other airport staff. Contacts Most contacts are via telephone and other communication devices, with the traveling public, various Port departments and staff, government agencies, tenants and contractors. Must gather sufficient information to determine the appropriate notification or response. Knowledge Airport topographical, facility and operational detail Airport emergency policies and procedures. Telephone answering protocol Skills Excellent communication and listening skills Computer literacy and keyboarding skills for logs and other documentation, using intranet/internet and Microsoft Office. Excellent customer service and interpersonal skills Abilities Able to learn a variety of communication systems and procedures, recognize situations that requires a response and selects the appropriate response or notification, in emergency, potential emergency, or non-emergency situations. Page 32 of 41 Able to communicate with people who may be under stress, drawing sufficient information to accurately assess the situation and contact the appropriate resources. Able to attend to a variety of systems and issues concurrently and to determine priorities on an ongoing basis in an environment with moderate to high noise levels. Normally, this knowledge would be acquired through a high school diploma or equivalent, and two years of experience in communications at a large airport, police facility or public service agency. Some college is preferred. Experience at the Sea-Tac airport facility is highly preferred. A variety of specialized training is provided and must be successfully completed in order to be considered fully proficient in the duties of this position. This training includes, but is not limited to: Certification in the Port of Seattle/Airport Communications Center Satellite Transit System training program, which includes a variety of exercises and drills. The Airport FIMS computer systems for creating and editing information displayed on monitors at common use airline facilities and Flight Information Displays. Send Word Now (SWN) to make emergency notifications to staff, airlines, tenants and others. The Terminal Messaging System, to provide public service announcements and general information about the airport. Ringmaster Elevator Intercom System Tunnel Ventilation System Satellite Transit System AviNet System Communications device to the airlines FIDS Display for Ground Transportation Shuttle Operations Job Conditions Performs duties in a restricted area, normally seated at a console. The Communications Center normally has subdued lighting and moderate to high levels of noise from radio frequencies, telephones and alarms. The work shifts cover the 24-hour, 7-day operations of the facility. Comments The above statements are intended to describe the general nature of work being performed by people assigned to this position. They are not to be considered an exhaustive list of duties performed by people so classified. If there are significant changes to the work described above, the Port agrees to bargain with the Union over those changes. Page 33 of 41 SENIOR ACCESS CONTROLLER Position Summary This position performs duties related to the control, monitoring and granting of access into the Air Operations Area and other restricted/controlled areas of the Airport. Performs continuous monitoring of the Access Control System by use of closed circuit television and intercom systems. Conducts security inspections of gates, fence lines, baggage make up area and security devices. Performs preventive maintenance (cleaning of card readers) and functional tests of Access Control System to insure proper operation. Monitors, ensures compliance and enforces applicable Port of Seattle rules, the Comprehensive Airport Security Plan, FAR 107 standards and other applicable publications as related to security and the Ramp Controllers position. Accountabilities Using closed circuit television and communication systems, maintains surveillance of access points to monitor and control access of people and vehicles onto restricted areas. May be requested to operate an un-staffed access point to allow authorized ingress/egress from the Air Operations Area. Provide assistance to persons requesting access, or those not familiar with access control procedures, such as contacting parties that do not have the required authorization in order to minimize delays or interruptions in normal business. Monitors alarms associated with the ID/Access Control System: Is the primary responder to Access Control Alarms on the airfield. Dispatches Senior Access Controllers and/or Port of Seattle Police, according to airport security procedures. May do initial troubleshooting of an alarm to avoid the need for a physical response. Controls access into the Air Operations Area: Staffs perimeter and interior access control gates and staffs other normally un-staffed gates as directed to control access onto the AOA. Verifies required credentials of those requesting access. Denies access to those without proper identification. Issues visitor's badges, Vehicle Under Escort signs and coordinates escort for personnel and ground vehicles requesting access on official business. Informs escorts regarding proper escort procedures, as defined in airport rules and regulations and ensures procedures are maintained while operating in restricted areas. May provide escort as required, including escort of outside care agencies responding to medical emergencies, as assigned at management discretion. Conducts routine and special security inspections of: Baggage make-up area, airport perimeter fencing, clear-zone fencing and other airport restricted areas. Page 34 of 41 Access Control System card readers and associated equipment. Doors and gates secured with Access Control System devices. Advises appropriate maintenance personnel of all ill Access System malfunctions and operational problems. Performs routine tests and preventive maintenance on Access Control System card readers and ensures all equipment is functional and valid information is received at alarm workstations. Performs these tests utilizing procedures outlined in the RCOM. Documents and reports all discrepancies, notifies appropriate Airfield Supervisor and maintenance of discrepancies that require immediate response and/or resolution. Performs follow-up inspections on equipment reported as repaired. Conducts random and programmed ID challenging while performing routine security inspections in the Security Identification Display Area (SIDA). Responsible for challenging any person(s) not displaying proper ID media and resolving their status on the AOA. Issues citations in accordance with applicable Port of Seattle Rules and Regulations, the CASP and FAR 107 and other applicable directives for Security violations within the SIDA. In addition, issues citations for individuals smoking in non-designated areas. Responds to all non-ramp alarms associated with the ill/Access control system. When required responds to ramp alarms during emergencies and unforeseen events of short duration. Complies with procedures outlined in RCOM when responding to alarms. Must be familiar with all areas of assigned duties and be able to identify anything out of the ordinary and report it for immediate resolution. Maintains a variety of written and electronic documentation of daily activities. Documents security violations when observed for follow-up by Airport Security Coordinator. Implements security measures required for the designated threat level, as specified in the Airport Contingency Plan. Maintains a high level of vigilance in enforcing access restrictions and preventing unauthorized persons or vehicles from gaining access to the Air Operations Area. Reports suspicious or unusual occurrences to the Airfield Supervisor, their designee, i.e. Port of Seattle police. In the event of a declared aircraft emergency or incident, assumes special duties as designated in the Emergency Plan or as directed by Incident Command personnel. These include, but are not limited to: Responding to ramp alarms. Establishing a non-injured passenger care site. Assisting in establishing security points at a specific area or staffing a restricted area entry point not normally staffed. Responsible for reporting and or picking up FOD as necessary. Contacts Performs duties in a public area, working with, providing directions and information to, and assisting other Port of Seattle employees, airline and tenant employees, contractors, vendors, consultants. Page 35 of 41 Ensures a high level of customer service to the general public in traffic and routing directions, and going the extra mile to satisfy when it can be done without compromising security. Instructs personnel in proper use of Access Control System and may do routine trouble shooting to resolve problems and identify defects. Denies access to those without required identification, enforcing regulations while maintaining harmonious relations with customers and members of the public. Occasionally, may be required to make decisions regarding access into restricted or secured areas. May be required to take command of an assigned area in the event of a declared emergency, exercising higher levels of security procedures designated for the level of threat. Inspects for, and enforces safety regulations of the Port of Seattle, including but not limited to, advising vehicle occupants to use seat belts; preventing unsafe vehicle conditions at the gate of entry onto the AOA, and smoking on the ramp Position Requirements Knowledge Thorough knowledge of security clearance levels, security policies and procedures, restricted area entry procedures and the layout of the airport and applicable current FAA directives and alert bulletins. Location of all access points controlled by the airport's integrated Access Control System. Working knowledge of CASP procedures, POS rules and regulations and RCOM procedure manual. Skills Good written and verbal communication skills for presenting information, describing procedures and responding to questions. Reading comprehension for rules, regulations and operations manuals documentation. Basic writing and computer literacy for logs and other documentation. Good customer relation skills applied to access control/enforcement situations. Abilities Able to learn and apply security procedures and to operate equipment related to assigned duties, including radios and telephones Able to pass all required security and background checks. This knowledge would normally be acquired through completion of high school or equivalent (GED) and up to two years of experience in a security capacity where access is restricted. Job Conditions Works in open areas and varying weather conditions; exposed to the noise and emissions and hazards normally associated with an airport environment and working in proximity to public roadways. Working at remote locations with frequent public contact and potential for confrontational situations. Performs duties in a restricted area, normally seated at a console with subdued lighting. Shifts cover the 24-hour, 7-day operations. Performs some duties in a vehicle requiring a valid, unencumbered Washington State driver's license. Page 36 of 41 TERMINAL ACCESS CONTROLLER Position Summary The Terminal Access Controller (TAC) performs duties related to the control, monitoring and granting of access into the Sterile Areas of the airport. Conducts security inspections at (but not limited to) designated Vendor Delivery Elevators (access points) within the Sterile Area. Monitors and ensures compliance of Port of Seattle Rules and Regulations, Airport Security Plan (ASP) and applicable Transportation Security Administration (TSA) Security Directives related to the Sterile Area of the airport. Accountabilities Using criteria outlined by POS management and the TSA, maintains surveillance of the designated Vendor Delivery locations (and other locations as needed). Monitors and controls items and or individuals that are entering the Sterile Area. Controls access into the Sterile Area: Staffs the designated Vendor Delivery checkpoints and inspects pallets and containers for prohibited items that are not needed to perform job duties (in the case of personnel) or necessary for business operation (in the case of goods). Staffs the Security Identification Display Area (SIDA) to sterile area doors and inspects the bags, backpacks, duffle bags, and other containers of airport employees entering the Sterile Area from the SIDA. Verifies required credentials of those requesting access. Staffing at least (2) non co-located TSA screening checkpoint passenger exits (currently the STS South and North exits). Conducts routine and special security inspections of: Access entry points leading from the SIDA to the Sterile Area. Vendor / Concessionaire storage areas to ensure areas are properly secured Contacts Performs duties in a public area, provides directions and information to other Port of Seattle employees, airline and tenant employees, contractors, vendors, and consultants. Ensures a high level of customer service to the traveling public when it can be done without compromising security. Denies access to those who do not have authorized access or fail to submit to security inspections. Confiscates and disposes of prohibited items that are not needed in the performance of job duties. Position Requirements Knowledge Locations of all access points leading from the SIDA to the Sterile areas including the designated Vendor Elevators and doors/stairways utilized by airport employees. Familiarity with TSA Security Directives pertaining to the introduction of items into sterile areas and pertaining to airport employees entering the sterile area. Page 37 of 41 Thorough knowledge of airline and gate locations as well as other passenger areas. Skills Good written and verbal communication skills for presenting information and describing procedures and responding to questions. Reading comprehension for rules, regulations and operation manuals. Writing skills for logs and other required documentation. Excellent customer relations skills applied to various situations. All TACs must possess a valid and unrestricted Washington State Drivers License. Page 38 of 41 CONSTRUCTION SUPPORT SPECIALIST Position Summary This position performs duties related to the seasonal control of access into the restricted/secure areas of normally un-staffed gates in accordance with Port of Seattle (POS) Rules and Regulations, the Comprehensive Airport Security Plan (CASP), and CFR Title 49 Part 1542. Accountabilities Admits authorized personnel to the Air Operations Area. Denies entry to personnel and vehicles without valid identification or safety equipment. Escorts contractors, vendors and construction personnel and vehicles within the Air Operations Area. Maintains and monitors radio communications with the FAA Control Tower, Airfield operations and project management personnel. Responsible for reporting or picking up FOD. Monitors primarily construction activities and notifies the Construction Coordination Supervisors or Duty Airport Manager of any violations of airport rules and regulations, Federal Aviation Regulations or other activities that may be considered unsafe. Responsible for challenging any person(s) not displaying proper ill media. When assigned lead responsibilities, coordinates with Port of Seattle staff and contractors to assign work locations during a shift. In an alert event/emergency, or special events, may perform duties as directed by the Construction Coordination Supervisors Airport Duty Manager /incident commander. Accountable for vehicles, equipment, radios, keys. Contacts Frequent contact with Port of Seattle project management and inspection staff, the Air Traffic Control Tower, contractors and airport tenants. Position Requirements Knowledge Some knowledge of aviation operations, security policies and procedures, restricted area entry procedures and the layout of the airport. Skills Communication skills for presenting information and responding to questions. Abilities Able to learn and apply security procedures and to operate equipment related to assigned duties, including radios Able to pass all required security and background checks Able to learn and apply proper radio/telephone procedures Page 39 of 41 Normally, this knowledge would be acquired through high school graduation and some security-related experience preferably in an airport environment. Job Conditions Works in open areas, exposed to the noise, inclimate weather, fumes and emissions associated with an airport environment and proximity to public roadways. Shifts cover the 24-hour 7-day operations. Performs most duties in a vehicle, requiring a valid, non-restricted Washington State driver's license be obtained/maintained, AOA driving and SIDA training. Page 40 of 41 APPENDIX C Port of Seattle SUBMISSION OF GRIEVANCE Grieving Party_________________________________________________________ Supervisor____________________________________________________________ Date of Filing with Port*__________________________________________________ Port Representative Receiving Filing ____________________________________ Date of Filing with Union*_________________________________________________ Union Representative Receiving Filing ______________________________________ *This grievance shall not be considered filed until a copy has been delivered by the grieving party to both the Union and to the Port. Date of Occurrence _____________________________________________________ Type of Occurrence_____________________________________________________ Location/ Work Unit_____________________________________________________ Contract Article(s) Affected _______________________________________________ _____________________________________________________________________ Remedy Sought ________________________________________________________ _____________________________________________________________________ Grievance Report: (Attach additional sheet if necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Other Parties cc'd _______________________________________________________ _______________________________________________________________________ Page 41 of 41
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