8g. Attachment

Laborers Local and Operating Engineers MOU

Commission Agenda – Action Item No. 8g_attach
Meeting Date: November 29, 2022

MEMORANDUM OF UNDERSTANDING
Between the
PORT OF SEATTLE
and the
SEATTLE BUILDING AND
CONSTRUCTION TRADES COUNCIL
and its
AFFILIATED LOCALS
MAINTENANCE AGREEMENT ADDENDUM
The Port of Seattle (“Port”) and the Seattle Building and Construction Trades Council and its
Affiliated Locals (“Union”) agree to the following:
Whereas the Port and the Union are Parties to a Maintenance Agreement Addendum (MAA)
covering Regular Employees, Apprentices, and Emergency Employees, in both the Marine
Maintenance and Aviation Maintenance Departments in effect through December 31, 2023;
Whereas through Port Construction Services (PCS) the Port manages construction projects and
other work as assigned with the use of its’ own forces and/or private contractors, primarily for
use on jobs within Small Works;
Whereas when PCS determines to use its’ own forces on construction projects and other work as
assigned, PCS hires Laborers, and Operating Engineers;
Whereas PCS currently does not employ Regular Employees as defined in the MAA;
The Port and the Union agree that the following MAA provisions shall apply to the PCS
employees as follows;
Beginning upon execution:
1. Article 5. Definition of Employee: Shall apply to PCS employees to include the
following definition:
E. Port Construction Services (PCS) Regular Employee: PCS Regular Employees
shall mean those employees who have been hired by Port PCS in accordance with
the Port's required posting and selection procedures.
F. Port Construction Services (PCS) Emergency Hire Employee: PCS
Employees shall mean those employees who have been hired by Port PCS to meet
the temporary and/or fluctuating needs of PCS. Such employees are hired without
the necessary posting requirements to qualify them as a Regular Employee.
2. Article 7. Terms and Conditions, shall be amended to read as follows:

Commission Agenda – Action Item No. 8g_attach
Meeting Date: November 29, 2022

PCS Regular Employees shall be compensated, on an hourly basis, to all regular
journey level employees an hourly rate equal to 88% of the construction rates as
defined by the labor agreements between the Unions and their construction
contractors. Benefits, provided in the Maintenance Addendum shall be extended
to the PCS Regular Employees, unless modified by this MOU:
Holidays;
Floater Holidays;
Paid Time Off;
Sick Leave;
Paid medical leaves;
Deferred Compensation;
Paid Parental Leave;
Paid Family Leave;
Flexible Spending Account;
Bereavement leave and;
Safety shoe stipend;
And other benefits provided through Port Policies for Maintenance
Employees, including but not limited to jury duty
PCS emergency hire employees hired by the Port shall be compensated at the
construction rate with current fringe benefits as provided for in respective area
construction agreements. This is in lieu of holidays, paid time off, bereavement
leave and safety shoe stipend.
All new PCS employees, excluding PCS emergency employees, shall be subject
to a one hundred and eighty (180) calendar day probationary period commencing
with their first compensated day of regular employment. Employees hired into
regular positions who have served in emergency hire status in six (6) months of
the last eighteen months shall be considered to have served their probationary
period.
PCS laborer and operator employees who have been performing on-going work
and who have exceeded 180 calendar days will convert to PCS Regular Employee
positions. Therefore, the Port of Seattle and the Seattle Building Trades agree that
the laborer and operator positions represented by the Seattle Building Trades and
Affiliated Unions, will be converted as follows:
•

The vacation accrual rate for PCS employees who become PCS Regular
Employees shall be based on their initial date of hire at the Port unless they
have had more than a six (6) month or longer break in service. In such case,
the accrual rate will be based on the date of their return to work at the Port
after the six month or longer break in service.

Commission Agenda – Action Item No. 8g_attach
Meeting Date: November 29, 2022

•

•

•

The Port shall provide PCS laborers and operators converted to PCS Regular
Employees a one-time Five Hundred Dollars ($500.00) lump sum payment to
be paid the first full pay period following execution of this Agreement.
PCS laborers and operators converted to PCS Regular Employees will be
eligible for the 2022 Christmas holiday, one (1) 2022 Floating holiday, and
the 2023 New Year’s holiday.
This is a one-time agreement that will apply to all PCS laborer and operator
positions converted to PCS Regular Employees.

3. Article 12. Shop Stewards, shall extend to PCS employees to include that the Union
has the right to appoint one (1) PCS employee as a shop steward per craft.
4. Article 13. Fringe Benefits, items A., B., C., and D.
5. Article 26. Bi-weekly Pay, PCS employees pay shall be distributed on a biweekly
basis consistent with the payroll procedures for non-represented employees effective
December 23, 2022. As a condition of employment, all employees are required to
participate in the Port’s direct deposit program for payroll purposes.
This Memorandum of Understanding is effective upon signing and shall expire when

Commission Agenda – Action Item No. 8g_attach
Meeting Date: November 29, 2022

incorporated into a successor Collective Bargaining Agreement between the Parties, extended by
mutual agreement or on December 31, 2023, whichever is sooner. Any dispute regarding the terms
of this MOU or the terms and conditions of employment of employees covered by this MOU shall
be resolved via the dispute resolution procedure in Article 21 of the Maintenance Addendum. Any
items not addressed by this MOU shall be governed by the terms and conditions of the appropriate
uptown outside agreements.
FOR THE SEATTLE/KING COUNTY BUILDING & CONSTRUCTION TRADES COUNCIL
AND ITS AFFILIATED UNIONS:
By
___________________________________
Monty Anderson, Executive Secretary,
Seattle Building and
Construction Trades Council

Date: _________________

By
Dale Cannon
Laborers Local Union, Local No. 242
By

Mark Allard
International Union of Operating Engineers, Local No. 302

FOR THE PORT OF SEATTLE:
By

___________________________________
Stephen P. Metruck
Executive Director

Date: __________________

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