8c. Attachment
CBA Teamsters Representing Police Sergeants
Agenda Item: 8c_attach
Meeting Date: June 27, 2023
A G R E E M E N T
By and Between
Port of Seattle
And
Teamsters Local Union No. 117
Affiliated with the
International Brotherhood of Teamsters
REPRESENTING POLICE SERGEANTS
Term of Agreement
January 1, 2022 – December 31,2024
TABLE OF CONTENTS
PORT OF SEATTLE POLICE SERGEANTS’ AGREEMENT
ARTICLE PAGE ARTICLE NO.
Appendices & Letters of Agreement
Incorporated into Agreement ------------- 30 ----------------- 31
Benefits ------------------------------------------------------------- 19 ----------------- 21
Bereavement Leave -------------------------------------------- 8 ------------------ 14
Bulletin Board ---------------------------------------------------- 2 ------------------ 6
Conference Board ----------------------------------------------- 29 ----------------- 30
Compensation for Travel Time ------------------------------ 17 ----------------- 18
Discipline ---------------------------------------------------------- 4 ------------------ 10
Entire Agreement ------------------------------------------------ 27 ----------------- 28
Equal Employment Opportunity ----------------------------- 2 ------------------ 7
False Arrest and Professional Liability -------------------- 18 ----------------- 19
Grievance Procedure ----------------------------------------- - 27 ------------------ 29
Holidays ------------------------------------------------------------ 16 ----------------- 17
Hours of Work and Overtime --------------------------------- 8 ------------------ 15
Jury Duty and Hearing Appearances ---------------------- 6 ------------------ 13
Leave Without Pay ---------------------------------------------- 22 ----------------- 22
Long Term Disability -------------------------------------------- 24 ----------------- 24
Management Rights -------------------------------------------- 3 ------------------ 8
Payroll Deduction ----------------------------------------------- 2 ------------------ 4
Performance of Duty, Strikes, and Lockouts ------------- 26 ----------------- 26
Probation ---------------------------------------------------------- 4 ------------------ 9
Purpose of Agreement ----------------------------------------- 1 ------------------ 1
Re-Employment Rights ---------------------------------------- 30 ----------------- 32
Reduction in Force, Recall & Seniority -------------------- 5 ------------------ 11
Savings Clause -------------------------------------------------- 27 ----------------- 27
Seniority ----------------------------------------------------------- 6 ------------------ 12
Sick Leave -------------------------------------------------------- 22 ----------------- 23
Teamsters Health and Welfare Programs ---------------- 25 ----------------- 25
ARTICLE PAGE ARTICLE NO.
Term of Agreement --------------------------------------------- 31 ----------------- 33
Uniform and Equipment --------------------------------------- 18 ----------------- 20
Union Membership ---------------------------------------------- 1 ------------------ 3
Union Recognition ---------------------------------------------- 1 ------------------ 2
Union Representative Access ------------------------------- 2 ------------------ 5
Vacation ----------------------------------------------------------- 13 ----------------- 16
Appendix A – Pay Rates ---------------------------------- 32-26
Appendix B – Police Officers’ Bill of Rights ---------- 37-39
Appendix C – Drug/Alcohol Testing ------------------- 40-44
Appendix D – Agreement Regarding Payment ----- 45
For Prior Service for Pension Credits
Letter of Agreement/Memorandum of Understanding
Re: Armed Presence at the Waterfront ------------ 46
Re: Code of Conduct / Workplace
Responsibility Handbook ------------------------ 47-51
Re: PERC Cases #26890-M and #26891-M ----- 52
Re: Scent Borne Canine Positions ------------------ 53
Re: Two (2) Additional Bargaining Unit Positions-
Waterfront and BDU/K9 Sergeants ------------ 54
PORT POLICE
SERGEANTS’ AGREEMENT
ARTICLE 1 – PURPOSE OF AGREEMENT ( CCL)
This mutual Collective Bargaining Agreement hereinafter referred to as the Agreement) has
been entered into by the International Brotherhood of Teamsters, Local No. 117 (hereinafter
referred to as the Union), and the Port of Seattle (hereinafter referred to as the Port), which
may hereinafter be referred to as Parties. The purpose of this Agreement is the promotion of
harmonious relations between the Port and the Union; the establishment of equitable and
peaceful procedures for the resolution of differences; and the establishment of rates of pay,
hours of work, benefits, and other terms and conditions of employment.
ARTICLE 2 – UNION RECOGNITION (CCL)
2.01 The Port recognizes the Union as the sole and exclusive bargaining agent for
Port Police Sergeants.
2.02 In accordance with RCW 41.56.037, the Union will be given thirty (30) minutes to
meet with new employees of the bargaining unit within ninety (90) days of employment at a
mutually agreeable time to discuss matters concerning the rights of employees, responsibilities
of the Union, and services available to the membership. A Union Representative, Shop
Steward, and/or Local Union member will be responsible for the presentation. Only the new
employee will be released from duty with pay.
ARTICLE 3 – UNION MEMBERSHIP (CCL)
3.01 The Port shall notify the Union as soon as possible of any deduction authorization
received by the Port. Upon receiving notice from the Union, the Port agrees to deduct from the
paycheck of each Union member or each non-member voluntary financial supporter covered
by this Agreement who has voluntarily so authorized it, the initiation fee, and regular monthly
dues, assessments or voluntary non-member financial supporter fee. Such authorization for
deductions may be made in writing, electronically or through recorded voice. The Port shall
transmit fees and dues to the Union once each month on behalf of the employees involved. If
a deduction error is identified, the error will be addressed as soon as practicable.
3.02 The Port agrees to notify the Union of any new employees employed in
classifications covered by this Agreement within five (5) business days from date of hire.
3.03 A Union member or voluntary financial supporter of the Union may cancel their
payroll deduction authorization in accordance with the terms of the Union’s payroll deduction
authorization form by giving written notification to the Union. If the Union receives such written
notification, confirmation will promptly be sent to the Port by the Union when the terms of the
employee’s signed payroll deduction authorization form regarding cancellation have been met.
The Port will make an effort to end the automatic dues deduction effective the first pay period
But no later than the second pay period after receipt of the written cancellation notice.
1
3.04 Indemnification and Hold Harmless. The Union agrees to indemnify and hold
harmless the Port for any action(s) taken by the Port pursuant to this Article. The Union agrees
to refund to the Port any amounts paid to it in error upon presentation of proper evidence
thereof.
3.05 Application of Agreement. The Agreement shall apply to all employees covered
by this Agreement irrespective of membership or non-membership in the Union.
ARTICLE 4 – PAYROLL DEDUCTION (CCL)
4.01 Teamsters Legal Defense Fund Participation. The Port agrees to deduct from
the paycheck of each member covered by this Agreement who has so authorized it by signed
notice submitted to the Port, the necessary fee, assessments, and regular monthly fees to
provide the Teamsters Legal Defense Fund. The Port shall transmit such fees to “Teamsters
Legal Defense Fund” once each month on behalf of the members involved.
4.02 Democrat, Republican, Independent Voter Education (DRIVE). Both the Port and
Local 117 agree to reopen the contract on DRIVE if any other Local 117 bargaining group with
the Port of Seattle negotiates contract language in their respective contract on this issue at any
time during the term of this Agreement.
ARTICLE 5 – UNION REPRESENTATIVE ACCESS (CCL)
5.01 The Port agrees to allow reasonable access to Port facilities for Union
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 Police Department
(hereinafter referred to as the Department) or the Port. This Article shall apply within the
constraints of federal or state regulations, statutes, and the Airport Security Plan.
5.02 New Employee Orientation. The Union, through a Union member, Shop
Steward, or Union Representative shall at a mutually agreeable time with the employer have
up to thirty (30) minutes during the employer’s new hire orientation program to meet with the
employee(s).
ARTICLE 6 – BULLETIN BOARD (CCL)
A bulletin board found to be acceptable and in compliance with the needs of limited use by the
Union shall be provided by the Port. This bulletin board shall be used, maintained, and
controlled by the Union. It is understood and agreed that no material shall be posted which is
obscene, defamatory, or which would impair Port operations.
ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY (TA)
The Port of Seattle is an equal opportunity Employer. The Port embraces, and in fact relies
on, having a diverse workforce. Every employee has the right to work in surroundings that are
free from all forms of unlawful discrimination. The Port and the Union will not engage in, or
tolerate, any discrimination in the workplace prohibited by local, state or federal law.
2
Specifically, no employee will be discriminated against on the basis of his or her age, race,
color, national origin/ancestry, religion, disability, Family Medical Leave Act (FMLA) use,
pregnancy, sex/gender, sexual orientation, whistleblower status, marital status, military status,
use of workers’ compensation, transgender status, political beliefs, or any other category
protected by applicable federal, state or local law (“Protected Status”).
The Port and the Union are committed to promoting equity, diversity and inclusion in the workplace.
The Port refers to equity as the fair treatment, access, opportunities, and advancement for all people
while striving to identify and eliminate barriers that have prevented the full participation of historically
oppressed communities.
ARTICLE 8 – MANAGEMENT RIGHTS (CCL)
8.01 Management Rights. The Union recognizes the prerogatives of the Port to
operate and manage its affairs in all respects in accordance with its responsibilities and powers
of authority.
The Port reserves any and all exclusive rights concerning the management and operation of
the Department, except as specifically limited in this Agreement. In exercise of such exclusive
management rights, it is not intended that any other provision of this Agreement providing a
specific benefit or perquisite to the covered employees shall be changed, modified, or otherwise
affected, without concurrence of the Union.
8.02 Specific and Exclusive Management Rights. Subject to the provisions of this
Agreement, the Port reserves the following specific and exclusive management rights:
(a) To recruit, assign, transfer, or promote members to positions within the Department,
including the assignment of employees to specific jobs;
(b) To suspend, demote, discharge, or take other disciplinary action against members
for just cause;
(c) To determine the keeping of records;
(d) To establish employment qualifications for new employee applicants, to determine
the job content and/or job duties of employees, and to execute the combination or
consolidation of jobs;
3
(e) To determine the mission, methods, processes, means, policies, and personnel
necessary for providing service and Department operations, including, but not
limited to: determining the increase, diminution, or change of operations, in whole
or in part, including the introduction of any and all new, improved, automated
methods of equipment; and making facility changes;
(f) To control the Departmental budget, and if deemed appropriate by the Port, to
implement a reduction in force;
(g) To schedule training, work, and overtime as required in a manner most
advantageous to the Department and consistent with requirements of municipal
employment and public safety, subject to the provisions of this Agreement;
(h) To establish reasonable work rules, and to modify training;
(i) To approve all employees’ vacation and other leaves;
(j) To take whatever actions are necessary in emergencies in order to assure the
proper functioning of the Department; and
(k) To manage and operate its Departments, except as may be limited by provisions
of this Agreement.
8.03 Incidental Duties Not Always Described. It is understood by the Parties that every
incidental duty connected with operations enumerated in job descriptions is not always
specifically described.
ARTICLE 9 – PROBATION (CCL)
The probationary period for any employee appointed to the rank of Sergeant shall be for the
nine (9) calendar months following such appointment. The probationary period may be
extended at the discretion of the Chief of Police (hereinafter referred to as Chief) if the
probationary employee has been absent due to bona fide illness or other legitimate reason. If
any employee fails, in the judgment of management, to satisfactorily fulfill the responsibilities
of the Sergeant’s position during the probationary period:
29. An employee who has been promoted from a lower level Police Officer
classification to Sergeant shall be demoted to the former classification held within
the Department.
4
b. An employee who has been appointed from a Port position outside the Port Police
Department may be returned to his/her former position, placed in another Port
position, or discharged, depending on the circumstances at the Chief’s discretion.
c. An employee who has been employed from outside the Port shall be discharged.
ARTICLE 10 – DISCIPLINE (CCL)
10.01 Grievance Procedure – Applicability. The Parties agree that discipline is a
command function. Decisions on disciplinary matters where discipline imposed involves
discharge, suspension, demotion or written reprimands shall be subject to the grievance
procedure, however written reprimands may not be pursued to arbitration.
10.02 Grievance Procedure – Timing. If an employee claims to have been unjustly
discharged, suspended, demoted, or reprimanded, to be timely the case may, within twenty
(20) calendar days after the date of such discharge, suspension, demotion or reprimand be
referred in writing to Step 2 of the grievance procedure, as outlined in Article 29.05.
ARTICLE 11 – REDUCTION IN FORCE, RECALL, & SENIORITY (CCL)
11.01 Selection Criteria for Reduction in Rank. In the event a reduction in force is
required by Port management, those individuals shall be retained as Sergeants who, in the
Port management’s opinion, are most qualified to carry-on the future work of the organization.
Sergeants shall not be laid-off under this Agreement but may be reduced in rank when a
reduction in force is implemented. A Sergeant reduced in rank under provisions of this Article
shall return to his/her seniority position as a Police Officer, as defined under the provisions of
the Port Police Officers’ Agreement. Selection for reduction in rank shall primarily be made on
the basis of performance and skill; however, length of service shall also be a factor in
determining the retention of a Sergeant’s position when management evaluates the
performance and skill of two (2) or more individuals as equal. In addition, the impact of a
reduction in force on affected classes shall be considered in view of the Port’s Affirmative Action
Plan.
11.02 Restoration of Rank. Employees who are reduced in rank shall receive first
consideration for Sergeant vacancies, which may occur within eighteen (18) months of the date
of reduction in rank. Selection criteria for order of restoration of rank shall be the same as
provided in Section 11.01.
11.03 Notice. In the event of an imminent reduction in force, written notice shall be
provided to each employee scheduled for reduction in rank at least twenty eight (28) days prior
to such action.
11.04 Limitation on Reduction in Force Application. The provisions of this Article shall
be applied in good faith to bona fide situations where a reduction in force is required. This
Article shall not be applied to provide an easy solution for dealing with employees who are
unsatisfactory performers. Matters concerning unsatisfactory performance shall be subject to
5
the conditions set forth in other provisions of this Agreement, including Articles 8, 9, and 10,
and Appendices B and C.
11.05 Bumping Rights – Layoff In Other Bargaining Units. In the event a layoff at the
Port results in a reduction in the number of commissioned officers in a bargaining unit made
up of commissioned officers higher in rank, those affected individuals may bump back into this
bargaining unit, based upon their seniority in the Police Sergeants’ bargaining unit, provided
that there is no Sergeant on layoff or reduced in rank with greater seniority. For the purpose of
layoffs, no commissioned personnel shall be subject to a layoff or reduction in force while there
are Traffic Support Specialists employed by the Port of Seattle.
11.06 Bumping Rights – Demotion From Other Bargaining Units. In the event that the
Port demotes any commissioned officer from a bargaining unit made up of commissioned
officers higher in rank than Police Sergeant (for a reason other than a reduction in force), the
affected individual may return to the Sergeants’ unit, based upon his or her seniority in the
Sergeants’ bargaining unit, provided that there is no Sergeant on layoff or reduced in rank with
greater seniority, and provided that no other Sergeant shall be displaced as a result.
ARTICLE 12 – SENIORITY (CCL)
12.01 Seniority Applicability. Seniority applications under this Agreement shall be
limited to the following:
29. The provisions of Article 11, Reduction in Force, Recall & Seniority.
b. Preference for scheduling of vacations and holidays.
Establishment of seniority in connection with reduction in force and restoration of rank as
provided in Article 11, shall be based on the date of rank as a permanent Sergeant.
Establishment of seniority for vacation and holiday scheduling preference shall be based on
the date of promotion to the rank of Sergeant. Any time spent as a temporary or Acting
Sergeant shall not be considered for purposes of establishing seniority within rank. When more
than one (1) employee is promoted to Sergeant on the same date, the total combined
Sergeants’ selection procedure test scores shall be used to establish the relative seniority
position within rank.
12.02 Seniority Bidding and Assignment. Watch bids, days off, and vacation scheduling
shall be controlled by classification seniority with the senior person having preference.
The Department will endeavor to make all assignment changes consistent with the annual
bidding period.
Sergeants who experience changes in assignment for disciplinary reasons outside of the
annual bidding period shall be assigned at management’s discretion until the next annual
bidding period.
6
A Sergeant whose special assignment/unit is eliminated may exercise his/her seniority for
watch placement unless such exercise would disrupt the bids of less senior Sergeants. A
Sergeant who voluntarily resigns from a special assignment/unit must select an available open
position.
ARTICLE 13 – JURY DUTY & HEARING APPEARANCES (TA)
13.01 Jury Duty –Compensation. When an employee is called for and serves on jury
duty, that employee shall, during such service period, receive full regular compensation from
the Port. Port compensation for service on jury duty only applies to absence from regularly
scheduled work hours. Hours compensated for jury duty service will be paid at the straight
time rate.
13.02 Jury Duty – Hours of Work. For the period of jury duty service, the Sergeant shall
be assigned to a Monday through Friday workweek on day shift schedule. Sergeants that are
released prior to the end of his/her scheduled hours on any day shall call in to work and report
if required. Upon final release from jury duty, the Sergeant will return to his or her regular
schedule in such a way as to permit an uninterrupted continuation of compensation, and the
maximum amount of work availability for the Port; provided, that no Sergeant regularly
scheduled to work night shift shall be required to work on the night shift immediately following
the conclusion of jury duty.
13.03 Court/Administrative Hearing Appearances
29. Subpoenas Required. This Section shall only apply to a Sergeant’s appearance
to court and/or other administrative hearing, subject to the Sergeant’s submission
of a valid subpoena, issued by the court or administrative agency, to the
Department.
B. Grievances and Arbitrations Excluded. This Section shall not be construed to
include either grievances or arbitrations as defined in Article 29 of this
Agreement.
C. Appearance During On-Duty Shift Extension. When an in -person or telephonic
appearance commences on an employee’s scheduled shift, and extends after
shift completion, the on-duty employee shall be compensated at the overtime rate
only for the actual time spent appearing after his/her regular shift.
D. Appearance While Off-Duty. When an appearance commences while an
employee is off-duty, either between regularly scheduled workdays or during
regularly scheduled days off, an off-duty employee shall be compensated as
follows:
7
29. In-Person Appearance Between Regularly Scheduled Workdays. Three
(3) hours at the overtime rate, or for the actual time spent for each inperson
appearance at the overtime rate, whichever is greater. To verify
time in excess of three (3)hours spent appearing in-person, an employee
shall submit to the Port a time slip signed by an official of the court or
administrative agency.
2. In-Person Appearance on Regularly Scheduled Day Off. A minimum of
four (4) hours pay at the overtime rate.
3. Telephonic Appearance. One (1) hour at the overtime rate, or for the
actual time spent for each telephonic appearance at the overtime rate,
whichever is greater. In the case of a telephone appearance, the time slip
will not be signed by an official of the court or administrative agency.
E. Appearance During Vacation – When an in-person appearance commences on
an employee’s scheduled vacation day, the employee shall be placed on regular,
straight-time pay status and compensated for a full workday, regardless of the
time spent on the appearance. In addition, the employee shall have the vacation
day restored which was lost due to the appearance.
ARTICLE 14 – BEREAVEMENT LEAVE (TA)
14.01 Eligibility; Hours. Employees who have been employed for thirty (30) or more
days of uninterrupted service, and who have suffered the loss by death of a member of their
immediate family, as defined in this Article, shall be eligible to receive up to forty (40) hours of
leave per bereavement, at the discretion of the employee’s supervisors, and under the
supervision of the Chief of Police. Such leave shall not result in compensation for more than
the number of hours in any normal work week.
14.02 Immediate Family Defined. Immediate family shall be defined as the spouse or
domestic partner of the employee, and the following relatives of either the employee, spouse,
or domestic partner: child, step-child, child’s spouse, grandchild, parent, step-parent,
grandparent, sibling, sibling’s spouse, aunts and uncles. In special circumstances, the Chief
and/or Human Resources may include other relatives in the definition for purposes of
bereavement leave.
14.03 Considerations. Individual circumstances, such as the distance to the funeral
and the extent of employee involvement with the arrangements for the deceased, shall be
considered in determining the number of hours to be granted an employee.
14.04 Use of Sick Leave. Following use of bereavement leave, in case of death of an
employee’s spouse, domestic partner (as defined under the Port’s Salary and Benefits
Resolution), or child, an employee may take up to two (2) weeks of sick leave.
ARTICLE 15 – HOURS OF WORK AND OVERTIME (TA)
8
15.01 Daily Schedule and Days Off for Police Sergeants (See Attached Memorandum
of Understanding – One Year Contract Extension and Traffic Support Specialists – Item # 2)
A. Patrol Section; Waterfront Unit. The normal daily schedule and days off for Police
Sergeants assigned to the Patrol Section shall be as follows:
The Patrol Section shall be divided into two 12 ½ hour watches. First Watch shall work
0500 – 1730 hours. Second Watch shall work 1700 – 0530 hours. This includes twelve
and a half (12 ½) hours of work after the start of the watch plus two mealtimes and two
rest periods. The two mealtimes shall be provided for during the normal workday are
for a period of thirty (30) minutes each. In addition, one fifteen (15) minute rest period
before and one fifteen (15) minute rest period after mealtime shall be provided for in the
normal workday.
Each watch will be divided into five (5) squads. The workweek for each squad shall be
three (3) consecutive days as follows:
A Squad: Sunday through Tuesday.
B Squad: Tuesday through Thursday.
C Squad: Wednesday through Friday.
D Squad:
Friday through Sunday
E Squad: Saturday through Monday.
The Port of Seattle Police Department will have a drive Sergeant position available for
Sergeants to work whenever there are at least seven (7) personnel (Traffic Support
Specialists and /or Officer(s) scheduled on the drives).
Should the Port have more than ten (10) sergeants, squad assignments will be modified
by mutual agreement of the parties.
In addition, the regularly scheduled workweek shall include one ten-hour shift per month.
Guidelines for assignment of ten (10) hour day:
1. A month is defined as a twenty-eight (28) day cycle, sergeants shall be scheduled
for at least an eight (8) hour break between shifts;
2. Days off to be consecutive;
9
3. The ten (10) hour monthly “make up” day will be scheduled contiguous to
scheduled work days;
4. “Make up” day schedules will be posted in the breakroom during the sergeants’
workweek at least fourteen (14) days in advance of the “make up” day;
5. “Make up” day, if a sergeant so chooses not to work a make-up day, the hours
will be charged against their vacation or holiday balances;
6. “Make up” days will not be scheduled during periods of bid vacations or a day in
which the sergeant has notified the Employer at least fourteen (14) days in advance that
he/she will be observing a personally significant special event (i.e. wedding, baptism,
child’s graduation etc.) on a normally scheduled day off.
Patrol Sergeants, including those assigned to BDU, shall bid watches and
squads during November or December, to be effective as of the first cycle FLSA
work period in January, so long as such bids permit a workable distribution of
assignments. Openings midterm shall be bid by seniority.
Vacations shall also be bid once each year based on seniority and in accordance
with Section 16.01.
By mutual agreement of Management and the Union, special Patrol units can
work ten (10) hour shifts, or other agreed to schedules, excluding eight (8) hour
shifts.
B. Sergeants in Administration or Investigation. The normal daily schedule for all
Police Sergeants who are assigned to administration or investigation will be a ten
and a half (10½) hour daily shift to be worked between 0500 and 1900 hours.
These Sergeants shall be assigned a work schedule of four (4) consecutive work
days, consisting of Monday through Thursday or Tuesday through Friday.
Schedules will be assigned by bid based upon seniority. For Fair Labor
Standards Act (FLSA) Section 7(k) purposes, the work period for Sergeants
assigned to administration or investigation shall be twenty-eight (28) days.
15.02 Overtime Pay and Exceptions. Except as provided below, hours worked in
excess of the normally scheduled workweek, or in excess of the normally scheduled workday,
as defined in 15.01, shall be compensated for at the overtime rate of one and one-half (1½)
times the rate of pay for the work performed. There shall be no compounding or “pyramiding”
of overtime pay. Pay under this provision will be consistent with the requirements of the Fair
Labor Standards Act.
Exceptions:
(a) When an employee is involved in trading days off with another employee which
results in work in excess of the normal workweek;
(b) When the overtime is incurred as a result of travel time which is exempt from
payment under the provisions of the Fair Labor Standards Act.
10
An employee who is mandated to work overtime at a location other than his/her primary duty
location will have the option to report to his/her primary duty location to begin the overtime
assignment.
15.03 Scheduling of Days Off. The Port shall not change or reschedule days off to
prevent payment of overtime. Normal days off at the end of the scheduled week shall be
consecutive.
15.04 Trading Days Off. When an employee wishes to trade days off with another
employee, such trading of days off shall be subject to management approval and to the
following controls and conditions:
(29) A trade must involve a reciprocal even exchange of days off between two (2)
employees, and the traded days must not be more than twenty-eight (28) days
apart from each other.
(b) No more than four (4) days or seven (7) days, depending on the employee’s
schedule, per pay period may be “traded” by an employee. “Trading” of days off
shall be limited to accommodate special and unusual employee needs and shall
not be approved on a frequently recurring basis for an individual employee.
the When a “trade” occurs, bi-weekly paychecks will fluctuate to reflect actual hours
worked. Time worked in excess of the regularly scheduled hours per week as a
result of trading days off shall be paid for at the straight-time rate.
15.05 Mealtime. In the event that an employee is called back to work from mealtime
and is not provided a meal period of reasonable duration later in his/her watch, such employee
shall receive overtime pay for the duration of the mealtime not taken. If any employee
independently or without proper authorization elects not to take mealtime, such employee shall
not receive overtime payment for the mealtime missed.
15.06 Notice of Schedule Change. Except in emergencies, employees shall be
provided with five (5) days’ advance notice in the event of a schedule change.
15.07 Comp Time. In lieu of accepting overt ime pay for hours worked in excess of the
normal workday, or in excess of forty (40) hours in one week, an employee may elect to take
compensatory time off under the following conditions:
(a) One (1) hour of overtime worked provides one and one-half (1½) hours off.
(b) In advance of performance of overtime work, comp time must be requested by
the employee and approved at the sole discretion of management.
15.08 Approval for Overtime Work. Authority for approval of any overtime work shall
be limited to departmental management or its designees.
11
The present overtime policies and procedures remain as is unless modified as herein.
15.09 On-Call Pay and Cell Phones. Sergeants will not normally be required to carry
cell phones. If a Sergeant is specifically assigned “on call,” such Sergeant will be required to
carry a cell phone, and will be expected to respond and report as soon as possible if called.
Sergeants on-call will be compensated at ten percent (10%) of each Sergeant’s straight-time
hourly rate for all assigned hours. If the on-call Sergeant reports for work during this period, in
addition to the on-call pay benefit, other contract benefits apply, including call-back overtime
pay. The Sergeant shall no longer receive on-call pay from the time that Sergeant reports for
duty.
When reasonably available, a car will be provided to each Sergeant specifically assigned under
this section. Sergeants called in from on-call that have not been assigned a car shall be
reimbursed for mileage incurred in responding to the call out. In addition, the Port shall provide
insurance coverage for officers to the extent that they are required to use their own car in such
situations.
The Port of Seattle shall maintain an adequate number of Officers on each specialized team
that may require assignment to “on-call” status. A Sergeant shall not be assigned to on-call
status more frequently than one (1) period (not to exceed seven (7) consecutive days) during
a twenty-eight (28) day FLSA work period.
15.10 Standby Pay. The Port agrees to minimize standby time Standby time shall be
authorized by the Chief or his designee. Beginning and ending times for the standby period
shall be established and communicated to the employee prior to placement on standby. If an
employee is called back to work, the off-duty premium shall cease, and thereafter normal
overtime rules shall apply.
Sergeants on standby are required to remain available through contact by a phone and must
be available to work at all times. Upon being called, the Sergeant must respond and report to
work immediately, and in any event no later than one hour (forty-five (45) minutes for K-9
Sergeants). Sergeants failing to report to work within one (1) hour (forty-five (45) minutes for
K-9 Sergeants) shall be subject to loss of standby pay for the period up to the point at which
the Sergeant reports to work and may be subject to further disciplinary action if appropriate.
15.11 On-Call and Standby Assignments. Management reserves the right to determine
when and to what extent on-call and standby assignments are operationally necessary. The
determination will be based on operational need and will not be made for the purpose of
transferring Port law enforcement work outside the bargaining unit.
15.12 Call Back. In the event that overtime which has been specifically authorized by
supervisory or command personnel is not an extension at the beginning or end of a normal
shift, the Sergeant shall be paid for a minimum of four (4) hours at the overtime rate for the
employee’s classification or for the actual hours worked at the overtime rate if in excess of four
(4) hours. Sergeant initiated overtime due to responding to an incident observed while on
his/her way to work or way home after work shall not be considered a call back and shall be
compensated at the overtime rate for the lesser of: (a) The time elapsed from the beginning of
12
the overtime to the beginning of the shift; or (b) the time elapsed from the end of the shift to the
end of the overtime; or (c) four (4) hours.
15.13 Mandatory Overtime. The following provisions shall apply to the assignment of
mandatory overtime for Sergeants:
(a) Mandatory overtime shall be used to ensure one official sergeant per
shift. However, under situations identified by the Chief of Police, additional
sergeants may be subject to mandatory overtime. During times of emergency,
mandatory overtime may be administered with less than 24 hours’ notice.
(b) Mandatory overtime shall be assigned from an inverse seniority list, which will be
restarted as of the first FLSA work period in January.
(c) After the first FLSA work cycle, mandatory overtime will be assigned from a list
of those with the least amount of total overtime.
(d) Sergeants assigned to twenty five (25) hours of overtime during a pay cycle
period will not be placed on the list for mandatory overtime assignment. In the
event the list is exhausted, sergeants will be selected for mandatory overtime on
the basis of inverse seniority.
(e) Sergeants will not be subject to more than twelve (12) hours of mandatory
overtime in one day, unless an exigent circumstance exists.
(f) Sergeants will receive fourteen (14) days advanced notice of a mandatory
overtime assignment.
(g) Mandatory overtime will not be assigned in conjunction with approved bid
vacation/holiday time.
(h) The Department may cancel bid vacation time when there are an insufficient
number of Sergeants available to cover the assigned shift. Cancelling of
vacation will be done in an inverse order of seniority. Cancellation of vacation
shall occur within thirty (30) days of the completion of vacation bidding. The
Sergeant will first attempt to fill a cancelled vacation bid with straight time
resources (i.e., administrative Sergeants, make up days, and trades), before
voluntary overtime shall be authorized.
13
(i) If a sergeant is relieved of their mandatory overtime by another sergeant, the
sergeant will be placed back into the rotation for mandatory overtime assignment.
(j) There shall be a minimum of eight (8) hours of rest between shifts.
ARTICLE 16 – VACATION (CCL)
Annual vacation with pay shall be granted to all employees on the following basis:
16.01 Scheduling of Vacation Leave. At any time after the successful completion of six
(6) months of employment, regular permanent employees (any employee hired from a Port
posting) may request and use vacation leave of up to the number of hours accrued at the time
of the desired vacation date, subject to the approval of the Chief of Police. Seniority shall be
considered in accordance with departmental procedures when scheduling vacations, subject
to the limitation that one (1) sergeant per squad may be off at any time on bid or non-bid
vacation; however, management may authorize variances to this limitation on a case-by-case
basis. Normally, requests for approval of vacation schedules shall be made to the Chief on a
vacation request form thirty (30) days or more in advance; more notice may be required by the
Chief when necessary to provide for proper scheduling of manpower. Non-bid vacation shall
not be scheduled around the following “blackout” events: May Day, Memorial Day, Fourth of
July, SeaFair, Hemp Fest, Labor Day, Thanksgiving, and the Winter Holiday. The exact
blackout days will be determined by October 1st of the year preceding the event.
16.02 Avoiding Forfeiture; Cash-Out. Vacation leave accumulation shall be limited to
four hundred thirty two (432) hours of accrual at any time. Any portion above a four hundred
thirty two (432) hour accrual of unused vacation leave shall be cashed-out under this Section,
unless the reason for not taking such vacation leave is at management’s direction, as under
emergency conditions. Vacation beyond four hundred thirty two (432) hours of accrual will be
cashed out on an annual basis. The cash-out of excess hours shall be paid to the Sergeant
on the last paycheck in the payroll year, or in the case of a termination of employment, on the
employee’s last paycheck.
Employees shall be responsible for scheduling and taking annual leave in order to avoid any
forfeiture of vacation leave.
This Section may be subject to modification to meet legal requirements in the event of further
changes in State Law.
16.03 Rates of Accrual. Vacation leave shall be based on a pro rata share of time
worked on a full-time work schedule. Regular permanent part-time employees shall accrue pro
rata sick leave based on time worked on less than full-time schedules. Regular, permanent,
full-time employees shall accrue vacation leave on an hourly basis equivalent to the following:
14
(a) 96 Hours of Vacation: From the first (1st) day of employment, to and including the
forty-second (42nd) full month of continuous employment, permanent employees
shall accrue vacation leave at the rate of eight (8) hours per month of active
employment, or the equivalent of up to ninety-six (96) hours per year (8 hours per
month X 12 months = 96 hours per year).
(b) 120 Hours of Vacation: From the forty-third (43rd) full month, to and including the
seventy-second (72nd) full month of continuous employment, permanent
employees shall accrue vacation leave at the rate of ten (10) hours per month of
active employment, or the equivalent of up to one-hundred and twenty (120) hours
per year (10 hours per month X 12 months = 120 hours per year).
(c) 128 Hours of Vacation: From the seventy-third (73rd) full month, to and including
the one hundred thirty-second (132nd) full month of continuous employment,
permanent employees shall accrue vacation leave at the rate of ten and sixtyseven
hundredths (10.67) hours per month of active employment, or the
equivalent of one-hundred and twenty eight (128) hours per year (10.67 hours
per month X 12 months = 128 hours per year).
(d) 160 Hours of Vacation: From the one hundred thirty-third (133rd) month, to and
including the one hundred ninety-second (192nd) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
thirteen and thirty-four hundredths (13.34) hours per month of active employment,
or the equivalent of up to one-hundred and sixty (160) hours per year (13.34
hours per month X 12 months = 160 hours per year).
(e) 168 Hours of Vacation: From the one hundred ninety-third (193rd) full month, to
and including the two hundred twenty-eighth (228th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
fourteen (14) hours per month of active employment, or the equivalent of up to
one-hundred and sixty eight (168) hours per year (14 hours per month X 12
months = 168 hours per year).
(f) 176 Hours of Vacation: From the two hundred twenty-ninth (229th) month, to and
including the two hundred fortieth (240th) month of continuous employment,
permanent employees shall accrue vacation leave at the rate of fourteen and
sixty-seven hundredths (14.67) hours per month of active employment, or the
equivalent of up to one-hundred and seventy-six (176) hours per year (14.67
hours per month X 12 months = 176 hours per year).
(g) 184 Hours of Vacation: From the two hundred forty-first (241st) full month, to and
including the two hundred fifty-second (252nd) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
fifteen and thirty-four hundredths (15.34) hours per month of active employment,
or the equivalent of up to one-hundred and eighty-four (184) hours per year
(15.34 hours per month X 12 months = 184 hours per year).
15
(h) 192 Hours of Vacation: From the two hundred fifty-third (253rd) full month, to and
including the two hundred sixty-fourth (264th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
sixteen (16) hours per month of active employment, or the equivalent of up to
one-hundred and ninety-two (192) hours per year (16 hours per month X 12
months = 192 hours per year).
(i) 200 Hours of Vacation: From the two hundred sixty-fifth (265th) full month, to and
including the two hundred seventy-sixth (276th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
sixteen and sixty-seven hundredths (16.67) hours per month of active
employment, or the equivalent of up to two-hundred (200) hours per year (16.67
hours per month X 12 months = 200 hours per year).
(j) 208 Hours of Vacation: From the two hundred seventy-seventh (277th) full month,
to and including the two hundred eighty-eighth (288th) full month of continuous
employment, permanent employees shall accrue vacation leave at the rate of
seventeen and thirty-four hundredths (17.34) hours per month of active
employment, or the equivalent of up to two-hundred eight (208) hours per year
(17.34 hours per month X 12 months = 208 hours per year).
(k) 216 Hours of Vacation: From the two hundred eighty-ninth (289th) full month, to
and including all subsequent full months of continuous employment, permanent
employees shall accrue vacation leave at the rate of eighteen (18) hours per
month of active employment, or the equivalent of up to two-hundred sixteen (216)
hours per year (18 hours per month X 12 months = 216 hours per year).
16.04 Payment for Vacation Leave at Termination. Upon termination of employment,
regular permanent employees shall receive a lump sum payment in lieu of one-hundred percent
(100%) of unused vacation leave, based on limitations stated above and as further limited by
this Section. Employees who terminate active employment before completing six (6) months
of employment shall receive no vacation pay. Pay for unused vacation leave shall be computed
through the last day of employment. This Section may be subject to modification to meet legal
requirements in the event of further changes in State Law.
16.05 Scheduled to Work During Vacation. Employees who are called-in to work while
on their scheduled vacation shall be placed on regular, straight-time pay status and
compensated for a full day’s pay, regardless of the time spent working. In addition, they shall
have the vacation day restored which was lost due to being called into work.
16.06 Use For Family Emergency. In the event of a bona fide family emergency at the
Chief’s discretion, the Chief or his/her designee can permit an employee to take time off with
vacation leave applied as compensation.
16
ARTICLE 17 – HOLIDAYS (TA)
17.01 Rates of Accrual. All eligible employees shall receive a pool of hours
commensurate with their assignment as follows:
10 hour shift: 130 hours
10½ hour shift: 136.5 hours
12 hour shift: 156 hours
12.5 hour shift: 162.50 hours
Holiday hours will accrue on the basis of the eleven (11) recognized holidays listed in Article
17.02 below as they occur in the calendar year for a total of ten (10) hours per holiday on a
four (4) day, ten (10) hour schedule, ten and a half (10.5) hours per holiday on a four (4) day,
ten and a half (10.5) hour schedule, twelve (12) hours per holiday on a four (4) day, twelve (12)
hour schedule, and twelve and a half (12.5) hours per holiday on a four (4) day, twelve and a
half (12.5) hour schedule. The two (2) floating holidays will accrue as either ten (10), ten and
a half (10.5), twelve (12), or twelve and a half (12.5) hours, on the basis of a Sergeant’s shift,
for the month of January and either ten (10), ten and a half (10.5), twelve (12), or twelve and a
half (12.5) hours on the basis of a Sergeant’s shift, for the month of July.
17.02 The holidays are in recognition of eleven (11) Port of Seattle holidays listed in
the Port of Seattle Salary and Benefit resolution, HR-5, and serves as a basis for compensation.
The (11) holidays are as follows:
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Port Designated Floating Holiday (Day before or after Christmas as determined
by the Port Human Resources Department).
Two (2) additional holidays that are noted in Section 17.01 above are designated as floating
holidays and are not tied to any of the traditionally recognized Port of Seattle holidays provided
in this Section.
17.03 Use and Cash-Out. Pooled holiday leave may be used once accrued in one (1)
hour increments in the same manner and with the same restrictions as vacation time, upon
approval of the Watch Supervisor. During the year employees may request pay for their
unused pooled hours. No pooled hours will be carried over from year to year. Upon termination
of employment, accrued, unused holiday hours shall be cashed out. Holiday cash-out (if
requested by a Sergeant) will occur twice (2x) per year, in the last paycheck of June, for those
17
holiday hours that have already accrued, and the first pay period in January of the following
year for the remaining holiday hours that have already accrued.
Sergeants who cash out their Holiday pool hours, who then experience a change of schedule
that results in a prorated decrease in their number of Holiday pool hours, shall have the
following year’s number of Holiday pool hours decreased by an amount equal to the prorated
decrease.
Effective upon ratification and execution of the Agreement by both parties, up to six (6)
holidays not used or cashed out at the end of the calendar year can be exchanged for
vacation that was already used at any time within the same calendar year.
Compensation tied to holiday cash out will only be reported to the Department of Retirement
Service on the basis of the eleven (11) Port of Seattle recognized holidays.
Compensation tied to holiday cash out for the two (2) floating holidays will not be reported to
the Department of Retirement Services unless they are used.
17.04 Scheduled to Work During Paid Holiday. Employees who are called in to work
while on their paid holiday shall be placed on regular, straight-time pay status and compensated
for a full day’s pay. In addition, they shall have the paid holiday restored which was lost due to
being called into work.
ARTICLE 18 – COMPENSATION FOR TRAVEL TIME (CCL)
18.01 Reimbursement for Reasonable Expenses; Procedure. The Parties recognize
the federal and state audit requirements, and hereby agree to comply with the Port’s accounting
and procurement policies relating to, among other things, reimbursement of work-related
mileage, reasonable out-of-pocket expenses, proof of expenditures, reporting and audit
requirements, travel authorizations, and use of a Port credit card.
18.02 Normal Pay and Work Schedule. An employee’s normal pay and work schedule
shall apply as provided for in this Agreement in connection with travel assignments inside and
outside of King County, as defined under the Fair Labor Standards Act (FLSA) guidelines. This
provision does not restrict Management’s ability to modify an employee’s normal workweek
and normal workday to accommodate training or educational requirements in accordance with
Section 15.06.
18.03 Mileage for Private Vehicle Travel. When travel by an employee’s private vehicle
is required and authorized by Department management, such travel shall be reimbursed in
accordance with the mileage reimbursement schedule as approved by the Port Commission
for Port employees. However, at no time shall the amount be less than the IRS-approved
mileage rate. Requests for mileage shall be submitted according to Port policy.
18.04 Bomb Technician Dispatch to Non-Port Site. When a Bomb Technician is
dispatched from home to a non-Port bomb site, such travel shall be reimbursed in accordance
18
with the mileage reimbursement schedule as approved by the Port Commission for Port
employees. However, at no time shall the amount be less than the IRS-approved mileage rate.
18.05 Reporting Location. When a supervisor assigns an employee to work at a
location other than his/her primary duty location, the employee may go into service at his/her
primary duty location if:
1. the assignment was not known or foreseeable at the time of the employee’s last shift
worked and
2. the employee would not have the necessary uniform and equipment unless s/he picked
it up at the primary duty location.
In such situations, the employee must give reasonable advance notice and coordinate with
his/her supervisor. Assignments made from the voluntary overtime list will be considered
foreseeable.
ARTICLE 19 – FALSE ARREST AND PROFESSIONAL LIABILITY (CCL)
The Port shall continue to provide professional liability coverage, including false arrest
coverage for Port Police Sergeants when they are acting within the scope of their authority and
duties as a law enforcement officer for the Port of Seattle.
ARTICLE 20 – UNIFORM AND EQUIPMENT (CCL)
20.01 Uniforms and Equipment Provided. The Port shall provide uniforms and
equipment in accordance with requirements as established by the Chief.
20.02 Damage Reimbursement. Limited to three hundred dollars ($300.00) for each
incident, reasonable reimbursement shall be provided for repair or replacement of eyeglasses,
watches, or hearing aids which may be broken, damaged or lost as a result of work related
activities, where no employee negligence is involved. This benefit applies only in situations
where the benefits are not covered under Teamsters Health and Welfare Plans or other
benefits.
Decisions on claims for reimbursement shall be approved or disapproved and submitted to
Accounting within fourteen (14) days of receipt.
20.03 Criminal Investigation Section Allowance. The Port shall pay a clothing/cleaning
allowance of seventy ($70.00) per month to Police Sergeants assigned to the Criminal
Investigation Section.
19
20.04 Administrative Section Allowance. The Port shall continue to pay a quarterly
clothing/cleaning allowance of ninety dollars ($90.00) at the end of each calendar quarter to
Police Sergeants assigned to the Administrative Section.
20.05 Safe Storage Device. In accordance with Department policy, if requested by an
employee, the Department will issue an appropriate safe storage device selected by the
Department.
20.06 Port of Seattle Police Vehicles and Portable Radios. At the Chief’s discretion, a
Global Positioning System (GPS) will be installed in selected Port of Seattle Police vehicles
and Portable Radios.
The Department may use GPS data as evidence in an official Department Investigation
providing the data is of a specific incident. GPS data can also be used for training purposes.
GPS queries will not be routinely or randomly used to monitor a Sergeant’s performance.
The Department may review GPS data of a specific incident when there is an articulable
reason for justifying such review. Articulable reasons for reviewing a Sergeant’s GPS
include, but are not limited to: (1) capturing specific evidence for use in a criminal
prosecution, (2) a civil claim has been filed against the Port involving the incident, (3) a
complaint has been made against a Sergeant regarding the incident, (4) the incident included
a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular
collision, or (7) the incident involved a serious injury or death. Notwithstanding the other
provisions of this section, Sergeants may review the GPS of probationary trainees in the
Field Training Program and any commissioned personnel can advise dispatch to broadcast
GPS data when an articulable reason exists (for example, locating a Sergeant for safety
purposes).
GPS review log will be kept and must be maintained. The log must include the date, time,
reviewer, and reason for the review.
ARTICLE 21 – BENEFITS
The Port agrees to provide the following benefits requested by the Union:
(a) Washington State Public Employees Retirement System or LEOFF as
applicable. Effective January 1, 2015, for employees ineligible to participate in
LEOFF or PERS, the Port shall contribute an amount equal to the employer’s
regular rate of contribution for LEOFF or PERS eligible employees into the Port’s
401 (a) Plan referenced in Article 21 (c).
(b) Unemployment compensation benefits under the Washington State Employment
Security Act.
(c) Contributions of six and two-tenths percent (6.2%) of salary on behalf of all
members of the bargaining unit, transmitted to the Plan each pay period, up to
the annual maximum limits of social security, to the ICMA 401(a) Plan.
20
(d) For all bargaining unit employees hired prior to April 1986, the Port shall pay an
additional one and forty-five hundredths percent (1.45%) of salary as wages.
(e) Parking as currently provided limited to employees on duty status.
(f) Locker room and lunchroom facilities.
(g) Washington State Self-Insured Workers' Compensation.
(h) Educational assistance for employees shall be subject to approval of the Chief. It
is agreed that if funds are not available from other sources, such as special
Federal or State programs, with the advance approval of the Chief, the Port shall
provide reimbursement limited to job related educational curricula on the
following basis:
(1) For employees engaged in continuing education at accredited
institutions to obtain a college degree, fifty percent (50%) of tuition costs
following one (1) year of continuous employment and seventy-five percent
(75%) following four (4) years of continuous employment. Payment will
be made upon evidence of satisfactory completion and will cover tuition
fees only. Reimbursement may be applied for following each
semester. The employee should normally expect to provide a minimum
of two (2) years of service to the Port upon completion of study toward a
college degree. This is not a repayment provision.
(2) After one (1) year of continuous employment, for individual courses
limited to job related subject matter and not in connection with course work
for a college degree, one-hundred percent (100%) reimbursement for
tuition only. Reimbursement shall be provided after evidence of
satisfactory completion. This applies to courses taken as a result of a
request initiated by an employee. However, non-mandatory specialized
police/fire training courses taken at the option of the employee shall result
in reimbursement to the Port by the employee for actual expenses if the
employee voluntarily resigns (for other than medical reasons) or retires in
less than two (2) years after completion of the special training.
(3) For courses or seminars initiated for an individual employee at the
direction of the Chief, reimbursement shall be provided for the entire costs
of such instruction. Reimbursement shall include amounts to cover
tuition, books, and miscellaneous instructional fees.
(4) Such educational assistance shall be linked to a detailed Letter of
Commitment, provided to the Department by the employee that captures
the employee’s study and career goals.
(i) Forty (40) hours training will be scheduled per year per sergeant.
(j) As provided below in this paragraph, employees shall be eligible for participation
in the Port of Seattle's Deferred Compensation Plan as revised. Eligibility and
21
participation of employees shall be subject to the terms and conditions of such
plan including any plan amendments, revisions, or possible cancellation. It is
further agreed that content of the plan itself, plan administration, and any
determinations made under the plan shall not be subject to the Grievance
Procedure (Article 29) or to any other provisions of this Agreement or to
negotiation by the Union.
(k) Each Police Sergeant assigned to Canine Duty shall be provided with a Port
vehicle for the purpose of dog transport.
(i) PACIFIC COAST BENEFIT PLAN: The Employer contribution shall be one
dollar and thirty-five cents ($1.35) per hour compensated.
Effective upon ratification and execution by both parties, the Port’s contribution
to the Pacific Coast Benefit Plan shall increase to one dollar and fifty-cents
($1.50) per hour compensated.
(m) The Port of Seattle shall allow all employees the opportunity to attend the Port of
Seattle retirement planning seminars.
(n) LEOFF II repayment arrangements as defined in Appendix D.
(o) Retirement Firearm and Box: Upon retirement from the Port of Seattle Police
Department, the retiring Sergeant with at least five (5) years of service will be
provided the following as compensation for prior service:
1. The officer’s assigned service weapon; and
2. A display box suitable to display the service weapon.
(p) Paid Parental Leave. The Port shall continue to provide Paid Parental Leave to
members of this bargaining unit. Eligibility, participation, and terms of the Paid
Parental Leave shall be as provided to non-represented employees as outlined
in Port Policy HR-5. The Port may change or modify its Paid Parental Leave
policy and/or procedure. If the Port desires a change/modification, the Port
agrees to provide the Union with advance notice of any change.
(q) Commuter Benefits. Employees in the bargaining unit shall be eligible for
the following benefits:
1. The One Regional Card for All (“ORCA Card”) Program. The Port
offers ORCA cards to eligible employees at a substantially reduced cost
for transportation on multiple regional transit systems. Employees who
participate in the ORCA card program may also be eligible for additional
subsidized transportation services. The availability of the ORCA program,
annual cost, potential tax consequences for employees, and other
provisions are subject to change based on guidelines provided by
22
agencies with whom the Port contracts for the ORCA program benefits,
IRS requirements, as well as the Port’s discretion.
2. Ferry Reimbursement. Employees who use the Washington State
Ferry System for all or part of their work commute are eligible for
reimbursement of ferry commuting costs up to a monthly maximum. This
monthly maximum reimbursement amount is determined by the Port.
Amounts and procedures can be found on the Total Rewards Compass
Page and may be subject to tax.
3. The Port shall maintain full discretion to modify, change, amend,
and/or discontinue either and/or both the ORCA program and the Ferry
Reimbursement benefit.
4. Prior to modifying, changing, amending, and/or discontinuing either
and/or both the ORCA program and the Ferry Reimbursement benefit, the
Port agrees to provide advanced notice to the Union.
(r ) Port of Seattle Long Term Care Insurance: If the Port adopts a Long Term Care
Insurance Program, the parties will discuss the availability of such Long Term
Program, if applicable, to Sergeants.
ARTICLE 22 – LEAVE WITHOUT PAY (CCL)
22.01 Eligibility; Procedure. After one (1) years’ service, an employee shall be eligible
for a leave of absence without pay not to exceed six (6) weeks. Requests for such leaves shall
be submitted in writing to the Chief for approval thirty (30) days in advance of the leave time
period. In emergency situations, the notification may be waived at the option of the Chief.
22.02 Considerations. Leave approval considerations shall include:
(a) The purpose and length of requested leave;
(b) The employee’s length of service;
(c) The effect of such an extended absence on departmental operational efficiency;
(d) Employee past performance and attendance; and
(e) In establishing the priority for such leaves, mutual benefit to the Port shall also
be a consideration. For example, leaves of absence for educational purposes
shall receive greater priority than leaves for the purpose of travel.
23
22.03 Extensions. In the event of special conditions, such as family emergencies or
educational programs, leaves of absence may be extended beyond six (6) weeks with the
approval of the Chief and/or Port’s Executive Department. An employee shall suffer no loss of
seniority for time spent on approved leave of absence of six (6) weeks or less.
22.04 Not For Alternate Employment. Under normal conditions, leaves of absence shall
not be granted for the purpose of seeking or engaging in other employment. Any exception to
this provision shall be at the sole discretion of the Chief.
22.05 FMLA/FCA. Employees shall be eligible for family leave pursuant to the Family
and Medical Leave Act (FMLA), Washington Family Care Act (FCA), and Port policies relating
to the FMLA and FCA.
ARTICLE 23 – SICK LEAVE (TA)
23.01 Rate of Accrual. Regular, permanent, full-time employees shall accrue sick leave
on an hourly basis equivalent to a rate of up to eight (8) hours per month, not to exceed ninetysix
(96) hours in any calendar year (8 hours per month X 12 months = 96 hours per year). Such
sick leave shall be based on a pro-rata share of time worked on a full-time work schedule.
Regular permanent part-time employees shall accrue pro rata sick leave based on time worked
on less than full-time schedules.
Sick leave is accrued from the first (1st) day of employment, but may not be used until the
completion of thirty (30) days of continuous employment, and is to be used under the conditions
stated in Section 23.02 of this Article.
23.02 Use of Sick Leave. Sick leave will be used only in instances of non-job related
employee or dependent illness or injury and as provided by law. Department management
may require a physician’s statement to justify use of sick leave and/or to determine that an
employee’s return from absence due to illness or injury is sanctioned by the attending
physician, to the extent provided by law.
23.03. The Port will continue to identify the portion of accrued sick leave that is available for
use according to the minimum requirements of the Washington Paid Sick Leave Law on each
employee’s paycheck (e.g., one hour of accrued sick leave for each 40 hours worked by
eligible employees). This is not an additional accrual amount. It is a designation of a portion
of current accrual amounts. Employees shall be entitled to carryover no more than forty (40)
hours of Washington Paid Sick Leave into the following year, provided that any amount over
the maximum will be maintained as general sick leave available for use under the terms of
this Agreement.
24
23.04 Family medical and care leave will be administered in accordance with current Federal
and State laws, and applicable Port policies
The Port shall comply with the requirements of the Washington Paid Family and Medical Leave
Act and shall have full discretion on meeting those requirements (e.g. Voluntary Plan), which
shall not be subject to the grievance procedure or to any other provision of this Agreement or
to negotiation by the Union. However, the Port agrees to provide to the Union advance notice
of how the Port intends to comply, and when and if there are any changes.
Effective upon ratification between the parties and the execution of the Agreement, the Port
will pay the employee portion of the premium associated with this provision.
Employees may use sick leave and/or vacation leave to supplement wages while using paid
family medical leave.
23.05 No Combined Effect. In no case shall the combined effect of sick leave and/or
other benefits be applied so that compensation exceeds the employee’s normal rate of pay.
23.06 Accumulation of Sick Leave. Sick leave may be accumulated up to nine hundred
sixty (960) hours for permanent employees. Upon termination or retirement following five (5)
continuous years of active employment in a permanent position with the Port, qualified
employees shall be compensated for fifty percent (50%) of their unused sick leave (within the
960-hour limit) at the rate of pay at termination. The fifty percent (50%) accumulated sick leave
payoff is payable to the employee’s spouse or other designated beneficiary in the event of an
employee’s death. One hundred percent (100%) of an employee’s accumulated sick leave
(within the 960-hour limit) is payable to the employee’s spouse or other designated beneficiary
in the event of an employee’s death in the line of duty.
23.07 Shared Leave. The Parties agree to adopt a Shared Leave Program under the
terms and conditions set forth in applicable Port policies covering shared leave of salaried
employees.
(29) Purpose: The Shared Leave Program enables employees to donate accrued sick
leave to fellow employees who are faced with taking leave without pay or
termination due to extraordinary or severe physical or mental illnesses.
Implementation of the program for any individual employee is subject to
agreement by the Employer, and the availability of shared leave from other
employees. The Employer’s decisions in implementing and administering the
shared leave program shall be reasonable.
(b) Participation: Participation in the Shared Leave Program is voluntary. No
employee shall be coerced, threatened, intimidated or financially induced into
donating sick leave for purposes of this program.
ARTICLE 24 – LONG TERM DISABILITY (CCL)
25
24.01 Eligibility. Police Sergeants are covered for Long Term Disability insurance on
the first (1st) day of active employment following six (6) continuous months of employment.
Subject to qualified disability, Sergeants will receive sixty percent (60%) of covered monthly
earnings less income from other sources. Benefits for Police Sergeants begin after an
elimination period of forty-five (45) days for a non-occupational disability and one-hundred
eighty (180) days for an occupational disability. Benefits continue during qualified disability,
but not past a Sergeant’s sixty-fifth (65th) birthday or ADEA extension. The maximum benefit
is three thousand five hundred dollars ($3,500) with a three percent (3%) cost-of-living net
benefit adjuster. The policy contains a three to six (3-6) month preexisting condition limitation
and certain exclusions and limitations for benefit payment.
This is a brief informational description of the Long Term Disability plan. For additional details,
consult the Certificate of Insurance or the group master policy which contains the controlling
coverage provisions.
24.02 Supplemental Coverage. The Port hereby agrees to the following coverage for
Police Sergeants only, limited to bona fide duty disability.
(29) For the first six (6) months of a duty disability the Port shall supplement amounts
paid by certain offsets to a level equal to the base pay rate of the disabled
Sergeant. Such benefit program offsets include but are not limited to state,
federal, or other disability programs to which the Port has contributed such as the
Public Employees’ Retirement System, the Federal Social Security System, the
Washington State Department of Labor and Industries programs (e.g. Workers’
Compensation, Pension, and lump sum disability awards), and the Long Term
Disability Coverage provided under Article 24 of the Collective Bargaining
Agreement.
(b) In addition, the insurance premiums paid by the Port for insurance programs
covered in this Labor Agreement shall continue on behalf of a Sergeant for the
first six (6) months of a duty disability.
the This coverage is also in compliance with RCW 41.04.510.
24.03 Light Duty. The Port may require Sergeants receiving a disability leave
supplement to work light duty, consistent with RCW 41.04.520 and other applicable law. The
Port may schedule the light duty assignment for ten (10) hour days. The Port may schedule
the light duty assignment for fewer than ten (10) hour days contingent on the Union’s
agreement. If a Sergeant is unable to perform his/her duty assignment by reason of an illness
or injury unrelated to the duty disability injury or condition, the Sergeant is required to use
accrued sick leave.
24.04 Return to Work. If a Sergeant becomes disabled as a result of duty-disability, the
Sergeant will have his/her job rights protected for two (2) years from the date of the disability
provided the Sergeant is released to return to work and can perform all the job requirements
of a Police Sergeant. In the event the Sergeant is not able to perform the job requirements of
a Police Sergeant, the Port will make a good faith effort to find other suitable jobs within the
26
Port for which the employee is qualified. In no event will jobs be created or modified specifically
for that purpose. This understanding is predicated on a good faith application by the Parties
involved.
ARTICLE 25 – TEAMSTERS HEALTH AND WELFARE PROGRAMS
25.01 The Port agrees to provide and maintain the health and welfare benefits listed in
Sections 25.02 and 25.03 for all active employees working under the jurisdiction of said Union
for not less than eighty (80) hours employment in the previous month which includes all
compensable time. In the event of a duty-disability covered under Article 24, the hours
requirement shall not apply.
25.02 Effective January 1, 2022 (based on December 2021 hours), and each month
thereafter during the period this Agreement is in effect, the Port agrees to pay to the
Washington Teamsters Welfare Trust c/o NORTHWEST ADMINISTRATORS, INC. for each
employee who received compensation for eighty (80) hours or more in the previous month the
following:
a. Health & Welfare – Contribute the sum of $ 1,525.80 per month for benefits
under the “PLAN A” (price includes an addition of $11.40 for the additional
9 month waiver, from the base price of the plan and $18.00 for domestic
partner coverage).
b. Dental – Contribute the sum of $ 122.50 per month for benefits under the
“PLAN A” (price includes an addition of $2.20 for domestic partner
coverage).
c. Vision – Contribute the sum of $17.30 per month for continued benefits
under the “EXTENDED BENEFITS” (price includes an addition of $.20 for
domestic partner coverage).
d. Life Insurance – The Port agrees to provide life insurance in an amount
which insures each eligible employee shall be covered for an amount of life
insurance equal to forty (40) percent of his/her total annualized pay rate,
based upon the employee’s classification.
25.03 Retiree’s Welfare Trust- Contribute the following for continued benefits under the
“RWT-PLUS PLAN”, and the Port shall continue to reduce each member of the bargaining
unit’s wages by an amount equal to one half (1/2) of the monthly premium per member:
Effective January 1, 2019 $94.85
Effective January 1, 2020, members of the bargaining group will be eligible to enroll in the
Teamsters Retiree Welfare Trust Plus XL plan. The Port shall contribute fifty dollars ($50.00)
per month for the term of the Agreement toward the monthly premium of each member enrolled
in the Teamsters Retiree Welfare Trust Plus XL plan. The balance of the monthly premium
rate will be paid by members of the bargaining group through monthly payroll deduction. The
27
Port will be absolved from any liability associated with this Teamsters Retiree Welfare Trust
plan.
25.04 Maintenance of Plans. The Trustees may modify benefits or eligibility of any plan
for the purposes of cost containment, cost management, or changes in medical technology and
treatment. If increases are necessary to maintain the current benefits or eligibility, or benefits
or eligibility as may be modified by the Trustees during the life of this Agreement, the Port shall
pay such premium increases as determined by the Trustees.
Effective January 1, 2019, each employee shall contribute seventy-five dollars ($75.00) per
month toward the monthly premium costs in Article 25.02. The Employer shall pay the
remaining costs of the monthly premiums.
Effective January 1, 2021, each employee shall contribute one hundred twenty-five dollars
($125.00) per month toward the monthly premium costs in Article 25.02. .
Effective January 1, 2024, employees shall pay one-hundred fifty dollars ($150.00) a month
toward the monthly premium costs in Article 25.02 for the remainder of the agreement.
25.05 The Union may establish supplemental insurance programs for the employees
under this Agreement. All of the premiums for such plans, if established, shall be paid for by
the employees covered. If the Port is to process payroll deductions from employees to pay the
insurance carrier on the employees’ behalf, the Plan shall be subject to approval by the Port in
regard to the responsibility of ongoing administration and related details.
ARTICLE 26 – PERFORMANCE OF DUTY, STRIKES, AND LOCKOUTS (CCL)
26.01 No Right to Strike. Nothing in this Agreement shall be construed to give an
employee the right to strike, and no employee shall strike or refuse to perform assigned duties
to the best of his/her ability. The Union agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference with the normal
operation of the Police Department or of the Port.
26.02 No Lockouts. The Port agrees that there shall be no lockouts.
26.03 Effect. The conditions stated in 26.01 and 26.02 of this Article shall remain in
effect with or without a signed Labor Agreement.
26.04 Resolution; Expedited Arbitration. If a party is alleged to have violated this Article,
the Parties agree to submit the alleged violation of this Article to expedited binding arbitration.
ARTICLE 27 – SAVINGS CLAUSE (CCL)
If any Article of this Agreement or any Appendix hereto should be held invalid by operation of
law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
Article or Appendix should be restrained by such tribunal, the remainder of this Agreement and
28
Appendices shall not be affected thereby, and the Parties shall enter into immediate collective
bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of
such Article.
ARTICLE 28 – ENTIRE AGREEMENT (CCL)
28.01 Entire Agreement; No Oral Modifications. The Agreement expressed herein in
writing constitutes the entire agreement between the Parties and no oral statement shall add
to or supersede any of its provisions.
28.02 Opportunity to Bargain. The Parties acknowledge that each has had the
unlimited right and opportunity to make demands and proposals with respect to any matter
deemed a proper subject for collective bargaining. The results of the exercise of that right are
set forth in this Agreement.
ARTICLE 29 – GRIEVANCE PROCEDURE (TA)
29.01 Grievance Defined. Any dispute regarding the interpretation or application of this
Agreement shall be regarded as a grievance and shall be subject to the terms of this grievance
procedure.
29.02 Time Limits. All grievances shall be presented within twenty (20) days of the
occurrence or the date the employee actually knew or reasonably should have known of the
occurrence, whichever is later. This time limit and the other time limits set forth in this Article
may be extended by mutual agreement of the Employer and the Union. All references to time
in this Article shall be to calendar days.
29.03 Election of Forum. A Sergeant electing to pursue a matter through the C ivil
Service System may not also pursue to arbitration a grievance through the grievance
procedure. Any complaint that a matter constitutes a violation of Article 7 of this Agreement
may not be pursued to grievance arbitration if the matter has been challenged in any other
administrative or judicial forum.
29.04 Informal Resolution. The Parties acknowledge that every effort should be made
by the employee(s) and the supervisor(s) to resolve issues prior to initiating grievance
procedures.
29.05 Grievance Procedure.
STEP 1
The affected employee shall present the grievance in writing to his or her Division Commander.
If the Division Commander or the Division Commander’s designee and the grievant are unable
to arrive at a satisfactory settlement, the Division Commander (or designee) will issue a written
response to the employee, with a copy to the Union’s Business Representative. The response
shall be issued no later than ten (10) days after the date the grievance was initially filed. The
Union may refer the grievance to Step 2 within ten (10) days of receipt of the Division
Commander’s response, or the date the response was due.
29
STEP 2
Initiation of Step 2. The Union’s Business Representative shall present the grievance in writing
to the Chief of Police or the Chief’s designee or the Port will present the grievance in writing to
the Union’s Business Representative. The written grievance shall contain a statement of the
relevant facts, the section(s) of the Agreement allegedly violated, and the remedy that is
sought.
Class Grievances. With respect to issues affecting more than one (1) sergeant, the Union may
elect to file a grievance at Step 2 without the need for the individual Sergeant to file the
grievance at Step 1. The twenty (20) day time limit referenced in Section 29.02, as well as the
other requirements of this Article, shall be applicable to such filing.
Step 2 Meeting. Within fourteen (14) days after the initiation of Step 2, the Union’s Business
Representative and the Chief of Police or the Chief’s designee shall meet to discuss possible
resolution of the grievance. If the Parties are unable to arrive at a satisfactory settlement, the
Chief or the Chief’s designee will issue a written response to the Union’s Business
Representative within ten (10) days of the meeting. The Union may refer the grievance to Step
3 within ten (10) days of receipt of the response or the date the response was due. If the parties
mutually agree to waive the Step 3 Board of Adjustment process, the Union may refer the
grievance to Step 4 within ten (10) days of receipt of the Step 2 response or the date the
response was due.
STEP 3
Initiation of Step 3. The Union shall notify the Chief and the Port’s Labor Relations
Representative or the Port shall notify the Union, in writing, of its desire to move the matter to
a Board of Adjustment.
Board of Adjustment. The Parties shall schedule a Board of Adjustment hearing which shall
be heard no later than twenty (20) days after the initiation of Step 3. The purpose of the hearing
is to evaluate all known facts relating to the grievance in order to determine an appropriate
resolution. The Port’s Labor Relations Representative, the Chief or designee, and two (2)
Union Representatives shall be present, and both sides shall have an opportunity to present
all information that they have relating to the grievance. If the Parties are unable to arrive at a
settlement, or if the Board of Adjustment hearing is not held within twenty (20) days after
initiation of Step 3, the Union may refer the matter to Step 4 within ten (10) days following the
hearing. The Parties may mutually agree to waive the Step 3 process.
STEP 4 – ARBITRATION
Initiation of Step 4. The Union or the Port initiates Step 4 by filing a written request with the
other party, specifying the issue(s) to be arbitrated.
30
Selecting an Arbitrator. For all arbitrations involving disciplinary actions, discharges, or
terminations, the arbitration selection procedure shall be as established by RCW 41.58.070.
For all other arbitrations, The Port and the Union mutually agree that either Party to this
Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of
seven (7) persons who are qualified and available to serve as arbitrators for the dispute
involved. Within ten (10) days of receipt of the FMCS list, the Parties will jointly select an
arbitrator from the list by alternately striking one (1) arbitrator on the list until the final remaining
arbitrator is selected as the arbitrator for the particular hearing. The Parties shall determine
first initiative through a coin flip.
The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall
not apply. The arbitrator shall not have the power to add to, subtract from, or modify the
provisions of this Agreement in arriving at a decision of the issue or issues presented; and shall
confine his/her decision solely to the interpretation, application, or enforcement of this
Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted to
him/her for arbitration, and shall not have the authority to determine any other issues not so
submitted to him/her. The decision of the arbitrator shall be final and binding upon the
aggrieved employee, the Union, and the Port. The fees and expenses of the arbitrator shall be
equally split between the Parties; otherwise, each Party shall pay its own fees, expenses, and
costs, including attorney fees, witness compensation, and transcript requests.
ARTICLE 30 – PERSONNEL FILE - PUBLIC RECORDS REQUEST (TA)
The Port will comply with RCW 42.56.250 (12) when information contained in a member of the
bargaining unit’s personnel file is subject to a public records request.
ARTICLE 31 – CONFERENCE BOARD (CCL)
31.01 Board Members. There shall be a Department Conference Board consisting of
three (3) employees named by the Union and three (3) representatives of the Department
named by the Chief. The Chief, or his/her representative, shall sit as one of the three (3)
employer representatives to the maximum extent practicable, but any of the six (6) members
may be replaced with an alternate from time to time. The Parties may mutually agree to bring
in additional persons with expertise in the matters being discussed.
31.02 Requests; Discussion. The Conference Board shall meet at the request of the
Union or the Port and shall consider and discuss matters of mutual concern pertaining to the
31
improvement of the Department and the safety and welfare of the employees. These matters
may include issues of development, committee membership, special team/unit assignments,
testing, et cetera.
31.03 Purpose. The purpose of the Conference Board is to deal with matters of general
concern to members of the Department as opposed to individual complaints of employees;
provided, however, it is understood that the Conference Board shall function in a
communications and consultative capacity to the Chief of Police. Accordingly, the Conference
Board will not discuss grievances properly the subject of the grievance procedure, except to
the extent that such discussion may be useful in suggesting improved Departmental policies.
Either the Union representatives or the Port representatives may initiate discussion of any
subject of a general nature affecting the operations of the Department or its employees.
31.04 Agenda; Minutes. An agenda describing the issue(s) to be discussed shall be
prepared by the initiating Party and distributed at least three (3) days in advance of each
meeting, and minutes may be kept and made available to members. Nothing in this Article
shall be construed to limit, restrict, or reduce the management prerogatives outlined in this
Agreement.
31.05 Answer(s). The Conference Board shall provide an answer to those
issues/questions brought before it within a mutually agreed upon time.
ARTICLE 32 – APPENDICES & LETTERS OF AGREEMENT INCORPORATED
INTO AGREEMENT
By reference herein, the Letter of Agreement and Appendices listed below are hereby made
part of this Agreement and do not require individual Employer-Union signature.
1. Appendix A – Pay Rates
2. Appendix B – Police Officers’ Bill of Rights
3. Appendix C – Drug/Alcohol Testing
4. Appendix D – Agreement Regarding Payment For Prior Service For Pension Credits
5. Letter of Agreement – Armed Presence at Waterfront
6. Memorandum of Understanding – Code of Conduct/Workplace Responsibility
Handbook
7. PERC Cases #26890-M and #26891-M
8. Memorandum of Understanding – Scent Borne Canine Positions
9. Memorandum of Understanding – Waterfront and BDU/K9 Sergeants
ARTICLE 33 – RE-EMPLOYMENT RIGHTS (CCL)
33.01 Hiring Preference. An employee who was not on probation and was in good
standing at the time of voluntary separation (excluding retirement) from the Port of Seattle
Police Department shall have hiring preference over any other applicant for employment (but
excluding employees on layoff roster) if application is made within one (1) year from the date
of separation from the Department.
32
33.02 Eligibility. To receive hiring preference, the application is subject to the following
requirements:
(a) The application request must be for the classifications which the employee
held at the time of voluntary separation; and
(b) An opening for that classification does not have to exist at the time of
request, but if no opening for the position occurs within the twelve (12)
month period, then this offer is void and any pending requests will become
ineligible; and
(c) The ultimate determination of whether the employee will be rehired will be
made by the Department; and
(d) The Department may require any investigation it deems necessary before
the application is approved for reinstatement; and
(e) At the discretion of the Chief, a background investigation, polygraph
examination, and medical examination may be conducted for the period of
absence during the first ninety (90) days. After ninety (90) days, the
background investigation, polygraph examination, and a medical will be
mandatory. A drug screen test will be administered regardless of the time
away from the Department.
ARTICLE 34 – TERM OF AGREEMENT: JANUARY 1, 2022 TO DECEMBER 31, 2024
Wage rate effective dates and differentials shall be as provided for in Appendix A.
All other conditions shall be effective on the date the Agreement is signed or as otherwise
identified in this Agreement. All provisions of this Agreement shall extend from the effective
date to December 31, 2024. The Agreement may be opened to negotiate a successor
Agreement by either party giving notice in writing not later than sixty (60) days prior to the
expiration date.
PORT OF SEATTLE TEAMSTERS LOCAL UNION
NO. 117/IBT
STEPHEN P. METRUCK JOHN SCEARCY
Interim Executive Director Secretary-Treasurer
Date Date
33
APPENDIX A
PAY RATES
1. SERGEANTS' PAY SCHEDULES
1/1/ 2022
Base Hourly
Progression Rate
Sergeant A (49+ months in-grade) $ $65.38
Sergeant B (0-48 months in-grade) $ $62.25
Effective January 1,2023, or upon ratification and execution if later, the Step Progression
from Sergeant B to Sergeant A for all Sergeants shall be reduced to thirty-six months.
The Sergeant A pay rate shall be 5% greater than the Sergeant B pay rate.
All base wage rates shall be rounded to the nearest whole cent.
Effective January 1, 2022, base hourly wages will be modified to provide that effective January
1, 2022, Sergeants will receive a nine percent (9.0%) increase
Effective January 1, 2023, base hourly wages will be modified to provide that effective January
1, 2023, Sergeants will receive a seven percent (7.0%) increase
Effective January 1, 2024, base hourly wages will be modified to provide that effective January
1, 2021, Sergeants will receive a cost of living increase which is one hundred percent (100%)
of the Seattle/Tacoma/Bellevue CPI-U October 2022 - October 2023, with a 0% minimum and
a six percent (6%) maximum. Sergeants will also receive a two percent (2.0%) increase above
COLA.
2. STEP INCREASES
If a Sergeant performs duties of his/her classification in a satisfactory manner, a Sergeant in
“B” classification shall receive a promotional step increase to “A” classification after thirty-six (
36) full months in-grade as a Sergeant.
3. DIFFERENTIALS AND OTHER PAY CONSIDERATIONS
A. Sergeants' Differential
34
The base pay rate for Sergeants shall be maintained at a level, which is at least
fifteen percent (15%) above the base rate of pay for the Port Police Officer "A"
Classification.
B. Longevity Pay
Base pay for Port Police Sergeants classifications shall be increased by the
following longevity premium schedule based upon date of hire:
(a) 2% Longevity Premium: From the start of the sixty-first (61st) full month to
and including the one hundred twentieth (120th) full month of continuous
employment, permanent employees shall be paid a longevity premium of
two percent (2%).
(b) 5% Longevity Premium: From the start of the one hundred twenty first
(121st) full month to and including the one hundred eightieth (180th) full
month of continuous employment, permanent employees shall be paid a
longevity premium of five percent (5%).
(c) 7% Longevity Premium: From the start of the one hundred eighty first
(181st) full month to and including the two hundred fortieth (240th) full
month of continuous employment, permanent employees shall be paid a
longevity premium of seven percent (7%).
(d) 9% Longevity Premium: From the start of the two hundred forty first (241st)
full month to and including the two hundred sixty fourth (264th) full month
of continuous employment, permanent employees shall be paid a
longevity premium of nine percent (9%).
(e) 11% Longevity Premium: From the start of the two hundred sixty fifth
(265th) full month and beyond of continuous employment, permanent
employees shall be paid a longevity premium of eleven percent (11%).
C. Educational Incentive
Base pay for Port Police Sergeants classifications shall be increased by the
following educational incentive schedule:
Percent of
Sergeant's Base Rate Degree
2% Associate of Arts Degree
4% Bachelor's Degree
6% Advanced Degrees (e.g. MA, MBA, JD)
Police Sergeants shall continue to be eligible to receive both the educational
incentive and longevity pay.
35
D. Out-of-Classification Pay. The Port agrees that, in the event an employee is
required to assume duties and responsibilities out of his/her classification, he/she
will be paid the pay step of the next higher classification to commence
immediately upon assumption of said duties, provided the assignment is for onehalf
(1/2) shift or more. Longevity credits shall not be applied when compensating
an employee for working in a higher classification.
E. Detective Differential. The pay differential for a Sergeant assigned as a Detective
shall be four percent (4%) above the employee's base rate of pay.
Effective upon ratification and execution between the parties, the four percent
(4.0%) detective differential shall be increased to five percent (5.0%).
F. Bomb Squad Differential. Sergeants assigned to the bomb squad shall receive
a ten percent (10%) differential above the employee's base rate of pay.
G. Canine Differential. Sergeants qualified and assigned a dog shall receive a four
percent (4%) differential above the employee's base rate of pay.
Effective upon ratification and execution between the parties, Sergeants
assigned to the Canine team shall receive a four percent (4.0%) differential above
the employee’s base rate of pay. If a
second Sergeant is assigned to the Canine Team, the Chief will have the
discretion to decide whether a Canine is assigned to that Sergeant. A Sergeant
can only receive one premium of four percent (4.0%) for either being assigned to
the Canine Team or being assigned a canine.
H. Dive Team Duty. Sergeants assigned to dive team duty shall receive a four
percent (4%) differential above the employee's base rate of pay.
I. Special Weapons and Tactics Differential. Sergeants assigned to the Special
Weapons and Tactics Team (SWAT) shall receive a four percent (4%) differential
above the employee's base rate of pay.
J. Police Training Assignment, Professional Standards Sergeants, Professional
Accountability Sergeant, and/or Professional Development Sergeant.
Sergeant(s) assigned to the Office of Professional Standards (OPS –
Accreditation ), Officer Professional Accountability (OPA – Internal Affairs),
and/or Office Professional Development (OPD - Training) shall receive a five
percent (5%) differential above the employee's base rate of pay. The pay
differential will apply during the period of such assignment. It is understood that
when the program is not active, the assignment may be discontinued by the Chief
or his designee. The Parties agree that the assignment will be made on a
reasonable basis.
36
K. Police Training Officer (PTO) Program Coordinator . Sergeants assigned as a
Police Training Officer (PTO) Program Coordinator shall receive a five percent
(5.0%) differential above the employee’s base rate of pay.
K. Marine Unit/Boat Team Differential. The Sergeant assigned to the marine
unit/boat team shall receive a four percent (4%) differential above the employee’s
base rate of pay.
L. Traffic Unit Differential. If a traffic unit is established by management, the
Sergeant assigned to that unit shall receive a three percent (3%) differential
above his or her base rate of pay.
M. Civil Disturbance Unit/Crowd Management Unit. Effective June 1, 2015,
Sergeants assigned to the Civil Disturbance Unit (CDU)/Crowd Management Unit
(CMU) shall receive a two percent (2%) differential above the employee’s base
pay rate.
Effective January 1, 2019, the Civil Disturbance Unit (CDU) premium differential
shall be increased to four percent (4%).
N. 12-Hour Patrol Shift Premium Differential. Effective March 29, 2009, Sergeants
assigned to the twelve (12) hour patrol shift schedule shall receive a two and onehalf
percent (2.5%) patrol premium differential above the employee’s base rate
of pay.
O. Crisis/Hostage Negotiator. Effective January 1, 2019, Sergeants assigned to the
joint agency Valley Crisis/Hostage Negotiator team shall receive a three percent
(3%) pay differential.
P. Premium Stacking Limitation. Sergeants are entitled to receive only the two (2)
highest specialty/assignment premiums for which they are eligible; however, the
patrol shift premium is excluded from this “stacking” limitation.
4. STANDBY PAY (CCL)
The Port agrees to compensate employees placed on off-duty standby status at fifty
percent (50%) of straight-time rate of pay.
5. PHYSICAL ABILITY INCENTIVE PAY – EFFECTIVE UPON RATIFICATION OF THE
AGREEMENT (CCL)
Employees shall be eligible to demonstrate physical ability and receive an incentive as
follows:
Annually, employees who test at the Exercise Science Center (ESC) and achieve a
rating of two (2) will receive an additional one and a half percent (1.5%) premium above
the employee’s base rate of pay the following year.
37
As an alternative to the Exercise Science Center, the Port of Seattle Police Department
will annually administer the Criminal Justice Training Commission (CJTC) Physical
Abilities Test (PAT) to employee participants. Those employees who pass at the
minimum fitness standards established by the CJTC shall qualify for a one percent (1%)
premium above the employee’s base rate of pay for the following year.
6. SHIFT DIFFERENTIAL (CCL)
Effective the first FLSA work period of 2018 only employees who have bid the second
watch (1700-0530) shall receive a two percent (2%) differential above the employee’s
base rate of pay for all compensable hours. If a Sergeant is permanently reassigned to
a day shift position, the two percent (2%) night differential shall cease immediately. If
circumstances pull a Sergeant from night shift for more than thirty (30) days, the
differential shall cease until the Sergeant returns to the assigned bid night shift.
7. PAYROLL (CCL)
A. Payroll Periods/Payroll Errors. All employees covered by this Agreement will
receive bi-weekly pay. In no case shall the Port hold back more than fourteen
(14) days’ pay. No deductions shall be made from paychecks without the written
consent of the employee, except as provided by federal, state, or municipal law.
The Port agrees that if there is a payroll error resulting in an employee being
owed one hundred dollars ($100.00) or greater in gross straight-time pay, the
Port shall make payment to the employee in the form of a separate check given
to the employee within two (2) regular work days. If there is a payroll error
resulting in an employee being owed less than one hundred dollars ($100.00) in
gross straight-time pay, or if there is a payroll error resulting in an employee being
owed any amount of overtime, the Port will include the pay correction on the
employee’s next regular paycheck.
B. Daylight Savings Time. It is the intent of the Parties that employees working
during Daylight Savings Time changes be paid only for actual hours worked.
Accordingly, employees who are working on Night Watch in the spring, when the
clocks are moved forward one (1) hour (other than those who are scheduled to
be off at 0200 hours), will be required to either: (a) utilize one (1) hour of paid
vacation leave, or (b) to go unpaid for one (1) hour. Employees who are working
on Night Watch in the fall, when the clocks are moved back one (1) hour (other
than those who are scheduled to be off at 0200 hours), will be paid one (1) hour
at the overtime rate of pay.
C. Mandatory Direct Deposit. As a condition of continued employment, all
employees are required to participate in the Port’s direct deposit program for
payroll purposes.
38
Body Worn Cameras (BWC)
New Section: The parties agree to meet as soon as practicable to discuss Body Worn
Cameras. BWC may be implemented on or after June 1, 2023, unless an earlier
agreement is reached. If necessary, parties will continue bargaining effects in an
expedited manner.
MEMORANDUM OF UNDERSTANDING
By and between
PORT OF SEATTLE
And
TEAMSTERS LOCAL UNION NO. 117
Affiliated with the International Brotherhood of Teamsters
Representing Police Sergeants
In recognition of the current staffing shortage at the Port, the parties have entered into the
following MOU in an effort to improve staffing levels and enhance public safety at Port facilities.
The terms of the MOU are as follows:
Duration – Effective upon ratification and execution by both parties, unless specified otherwise,
through December 31, 2024, provided that the Port can terminate the MOU prior to that time
with thirty (30) days written notice to the Union. Unless otherwise mutually agreed by the
parties, upon termination of this MOU, all terms and conditions contained in this MOU will cease
to be in effect, including without limitation, the utilization of CLEOs under this MOU.The parties
agree that to ensure that there is one Sergeant on duty (or two when a Cruise Ship is
scheduled), the Department will first make a good faith effort to use voluntary overtime or other
means to fill vacancies that occur within fourteen (14) days of the scheduled shift. If it cannot
do so, the Department may use mandatory overtime to fill the position(s) with less than fourteen
(14) days’ notice as a last resort.
Contract Law Enforcement Officers (CLEO’s). Allow CLEO’s, non-precedence setting for
either party.
39
1) The parties agree that any work performed by CLEO’s does not in any way diminish (or
expand) the scope of Teamsters 117 bargaining unit work.
2) CLEO’s will work under the supervision and direction of a Port of Seattle Police Patrol
Sergeant.
3) Prior to utilizing a CLEO to perform officer overtime work, the Port will notify Sergeants
of the open shift and offer the opportunity to work the shift on an overtime basis. The
notice period will be forty- eight (48) hours, except if there are less than two weeks prior
to the shift that needs to be covered, the notice period will be twenty-four (24) hours.
Unless an additional Sergeant is needed to meet the applicable MSL, the Sergeant with
the least amount of overtime will be assigned to the open shift.
4) The parties agree that the assignment of CLEO’s is intended as a temporary solution to
the current staffing shortage at the Port. The parties also agree that the allowances of
CLEO’s per this Memorandum of Understanding is a non-precedent setting agreement
that ends upon the expiration of this MOU, unless mutually agreed otherwise.
5) The purpose of the above process is to provide Sergeants the opportunity to work
overtime prior to the assignment of a CLEO to perform the work. The parties agree to
work collaboratively to reach solutions in the event this process has any unintended
consequences.
Overtime Related (effective June 1, 2023, subject to ratification and approval by both
parties)
1) In the event that the Port finds the next on coming shift below MSL, the Port can
mandatory Sergeant to extend their shift. Sergeants shall receive at least eight
(8) hours off between shifts per Article 15.13(J). Shift extensions and mandatory
overtime assigned with less than fourteen (14) days’ notice shall be paid at 2X
the Sergeant’s regular rate.
2) To meet MSL, patrol overtime occurring from 0500 Saturday through 0500
Monday will be paid at double (2X) time, provided that from May 1, 2023 through
September 30, 2023, all patrol overtime occurring from 0500 Friday through
1700 Monday will be paid at double (2X) time.
40
3) There shall be no pyramiding of overtime in applying the provisions of the
Agreement and this MOU.
Recognition of Additional Duties and Responsibilities Related to this Memorandum of
Understanding
Effective January 1, 2023, Sergeant(s) shall receive a three percent (3.0%) differential above
the Sergeant base rate of pay in recognition of additional duties and responsibilities as provided
in this Memorandum of Understanding. No premium stacking limitation shall apply to this
differential.
NEW: Reopener – Traffic Support Specialists Sergeant
Effective upon ratification and execution of the Agreement, the parties agree to reopen the
contract upon thirty (30) days advance notice to discuss the Traffic Support Specialists
Sergeant position if this position has not been filled by December 30, 2023.
HR 34 PORT PROPOSAL as part of Sergeants Package Proposal
MEMORANDUM OF UNDERSTANDING
By and between
PORT OF SEATTLE
And
TEAMSTERS LOCAL UNION NO. 117
Affiliated with the International Brotherhood of Teamsters
Representing Police Sergeants
Re: Port of Seattle COVID-19 Vaccination Policy Impacts Bargaining (TA)
41
The following Memorandum of Understanding (“MOU”) is entered between the Port of Seattle (“Port”)
and the Teamsters Local Union No. 117 regarding the Port of Seattle’s COVID-19 Vaccination Policy
as it applies Police Sergeants. This MOU is intended to resolve bargaining over impacts of the Port’s
COVID-19 Vaccination Policy (HR-34) only.
1) All bargaining unit employees who verified proof of being vaccinated (as of November 15,
2021) (having received two doses of Moderna or Pfizer or one dose of the Johnson and
Johnson vaccine by November 15, 2021) shall receive one (1) personal day in 2023 to be
provided upon ratification and execution of the agreement on a one time non-precedent
setting basis. The personal day will have to be used in 2023 and not carried over to a
subsequent year.
2) Employees who resigned due to the Vaccine Policy or who were separated for failure to
comply will be placed on a rehire list until December 27, 2022 and will, upon request, be
allowed to bypass the written examination and interview process and apply to their previous
position, if the position remains available and funded, if the employee has been fully
vaccinated (per current HR-34 policy) and if the employee meets the qualifications of the
position. If two or more employees who are on the list express an interest for an open position
in the Department in which they were previously assigned, the employee with the most service
time within that Department will be selected for the position.
3) If an employee separated pursuant to Section 2 above returns to employment within one year
of separation, their seniority date shall be their original date of hire adjusted for the time period
of their separation.
4) Limitation of Booster Requirement: The Union reserves the right to challenge any future
requirement that employees covered by this agreement are required to get booster shots as a
condition of employment. The Port will communicate to Local 117 any booster requirement as
a condition of employment a minimum of 45 days prior to the Port’s desire to implement.
5) The Union retains all rights under the collective bargaining agreement to file a grievance on
behalf of any represented employee who is separated from employment or denied an
exemption and/or accommodation based upon an alleged violation of the collective bargaining
agreement.
6) The Union reserves its right to challenge the reasonableness of HR-34 in any grievance
procedure.
7) The Parties do not concede their positions regarding decisional bargaining obligations with
respect to the vaccine mandate and retain the right to challenge the same. This agreement will
be void if any legal governing body finds that the Port has a decisional bargaining obligation
with regard to the Port’s vaccine mandate.
8) This MOU is entered between the parties on a one-time, non-precedent-setting basis, specific
to the circumstances presented herein.
9) This Memorandum of Understanding is effective upon signing.
PORT OF SEATTLE
42
STEPHEN P. METRUCK
Executive Director
Date
TEAMSTERS LOCAL NO. 117
JOHN SCEARCY
Secretary-Treasurer
_______________________________
APPENDIX B
POLICE OFFICERS’ BILL OF RIGHTS
All employees within the bargaining unit shall be entitled to protection of what shall hereafter
be termed as the “Police Officers’ Bill of Rights” which shall be added to the present Rules and
Regulations of the Port Police Department. The wide ranging powers and duties given to the
department and its members involve them in all manner of contacts and relationships with the
public. Of these contacts come many questions concerning the actions of members of the
force. These questions often require immediate investigation by superior officers designated
by the Chief of the Port Police Department. In an effort to insure that these investigations are
conducted in a manner which is conducive to good order and discipline, the following guidelines
are promulgated:
43
A. The Police Sergeants covered by this Agreement do not waive nor will they be
deprived of any of their Constitutional or Civil Rights guaranteed by the Federal
and State Constitution and Laws, afforded and citizen of the United States.
B. The following procedures shall apply to all administrative (i.e., non-criminal)
investigations of misconduct, which if proved could reasonably lead to a
suspension without pay or termination for that Sergeant. In such cases, the
employee shall be informed in writing of the nature of the investigation and
whether the employee is a witness or subject of the investigation.
If an employee is a subject of the investigation, prior to an investigative interview,
the Port shall provide the employee with that information necessary to reasonably
apprise the employee of the allegations of such complaint. Except in unusual
situations, this information shall include the name of the complaining party. The
above applies in cases of misconduct, and violations of department rules and
regulations. When the Internal Investigation Section is assigned to investigate
non-criminal cases, the accused shall be notified within five (5) working days.
C. Any interrogation of an employee shall be at a reasonable hour.
D. The interrogation (which shall not violate the employee’s constitutional rights)
shall take place at a Port of Seattle Police station facility, except when impractical.
The employee shall be afforded an opportunity and facilities to contact and
consult privately with an attorney of the employee’s own choosing and/or
representative of the Union before being interrogated.
An attorney of the employee’s own choosing and/or a representative of the Union
may be present during the interrogation, but may not participate in the
interrogation except to counsel the employee.
E. The questioning shall not be overly long and the employee shall be entitled to
such reasonable intermissions as he/she shall request for personal necessities,
meals, telephone calls, and rest periods.
F. The employee shall not be subjected to any offensive language, nor shall he/she
be threatened with dismissal, transfer, or other disciplinary punishment as a guise
to attempt to obtain his/her resignation. No promises or awards shall be made
as an inducement to answer questions.
G. The Port will comply with any applicable state or federal restrictions that prohibit
the use of a lie detector or similar tests as a condition of continued employment.
H. An employee shall be permitted to read any material affecting his/her
employment before such material is placed in the employee’s personnel file, and
an employee shall be allowed to rebut in writing material placed in his/her
44
personnel file. Such written rebuttal shall also be included in the employee’s
personnel file.
I. A sergeant may make a request to the Office of the Chief to review material that
references the officer, contained in the Blue Team / IA Pro. The employee will
be allowed access to review such materials unless they are part of an active
investigation or otherwise protected from disclosure by law.
J. The Police Department will notify a sergeant prior to providing written materials
to the prosecutor’s office regarding an internal investigation unless to do so would
jeopardize an on-going criminal investigation.
K. As a department locker is assigned to a Sergeant, who places his/her lock on
such locker, locker search without notice may not be conducted without the
permission of the Sergeant or without a search warrant, provided, however, with
24-hour notice to the officer involved, a locker inspection may be conducted by
the Chief or the Chief’s designee. Such an inspection may be conducted by order
of the Chief without the requirement of employee’s permission and without a
search warrant. The employee shall have the right to be present during such
locker inspection.
L. Sergeants will have an opportunity to sign complaints of misconduct or resulting
findings of such complaints before such material is entered into their personnel
files. The Sergeant’s signature constitutes acknowledgment that he/she has
seen the material prior to its filing.
M. Except as otherwise provided by law, all case documentation shall remain
confidential within the Internal Investigation Section and to the Chief of Police,
and any other members of Police or Port management with a reasonable need
to know. Only cases which are classified as sustained shall be forwarded to the
Department Administrative file as well as a conclusion of findings to Human
Resources for inclusion in the employee’s personnel records.
N. There shall be a separate confidential Internal Investigation Section file for
unfounded cases. Such unfounded case file may be opened for legitimate “need
to know” reasons with the approval of the Chief and/or Deputy Chief. Such
approval will be documented.
O. The Police Department will maintain in a secure location a personal file for each
bargaining unit employee. Every person who signs out a file must complete the
Personnel File Access Form contained in the file. The Form will include a place
for the name of the person signing out the file, the purpose, and the dates the file
was signed out and returned.
P. If for any reason an employee’s personnel file or an internal affairs case in which
an employee is identified as a subject is requested pursuant to the Washington
State Public Records Act, RCW 42.56, the Department will provide to the affected
employee timely notice and a complete copy of the request.
45
Re-Opener
Police Officers Bill of Rights
During negotiations for the 2022-2024 Agreement the parties have discussed potential
changes to Appendix B, the Bill of Rights. The Port is currently reviewing the Code of
Conduct and related processes and plans to complete this review by the Spring of 2023. The
parties recognize that it would be useful to have the results of this review prior to completing
negotiations of the Bill of Rights. The parties thus agree that either party may reopen the
Agreement during the 4th quarter of 2023 for the limited purpose of negotiating potential
revisions to the Bill of Rights.
Nothing in this reopener agreement will be considered a waiver of any right of the Union to
bargain over the Port’s code of conduct / workplace responsibility policy. Additionally, nothing
in this reopener agreement will be considered a release of any grievance, unfair labor practice
complaint, or any other claim the Union has or may have related to the Port of Seattle Code of
Conduct / Workplace Responsibility policy or the bill of rights.
APPENDIX C (CCL)
DRUG/ALCOHOL TESTING
PREAMBLE
While abuse of alcohol and drugs among our members is the exception rather than the rule,
the Teamsters Local 117 Police Sergeants Negotiating Committee shares the concern
expressed by many over the growth of substance abuse in American society.
The drug/alcohol testing procedure, agreed to by labor/management, incorporates state-of-theart
employee protections during specimen collection and laboratory testing to protect the
innocent.
In order to eliminate the safety risks which result from alcohol or drugs, the Parties have agreed
to the following procedures.
46
As referred to herein, testing shall be applicable to all entry level probationary employees and
any other employee for whom the Port has a reasonable suspicion that the employee is working
while under the influence of alcohol or drugs
A. Illicit substance or drug abuse by members of the Department is unacceptable
and censurable conduct worthy of strong administrative action.
B. Preconditions to Drug Testing. Before an employee may be tested for drugs or
alcohol based on a reasonable suspicion, the Port shall meet the following
prerequisites.
1. The Port shall inform employees in the bargaining unit of what drugs or
substances are prohibited.
2. The Port must provide in-service training containing an educational
program aimed at heightening the awareness of drug and alcohol related
problems.
3. The Port and the Union shall jointly select the laboratory or laboratories
which will perform the testing.
4. The Chief or Deputy Chief shall be the Police Department representative
to authorize or to approve a drug/alcohol test.
5. The officer authorizing or approving a drug or alcohol test under this
Appendix C shall provide a written report to the Chief, and to the employee,
if requested, that documents the basis for ordering the test under the
reasonable suspicion standard. The report shall be completed no later
than the end of the shift on which the test was ordered.
6. The Port shall not use the drug-testing program to harass any Sergeant.
C. The Department shall also have the discretion to order any entry level
probationary sworn employee to submit to a blood, breath, or urine test for the
purposes of determining the presence of a narcotic, drug, or alcohol a minimum
of two (2) times during such employee's entry level probationary period. These
tests will be conducted in the following manner:
1. Tests will be administered to each entry level probationary employee a
minimum of two (2) times, at various intervals, during the probationary
period.
2. Entry level probationary employees shall only be tested while on duty.
3. The providing of a urine sample will be done in private.
4. Obtaining of urine samples shall be conducted in a professional and
dignified manner.
47
5. A portion of urine samples shall be preserved to permit the following:
a. Positive samples shall be tested utilizing a GC/MS test.
b. A third test for positive samples shall be conducted if requested by
the employee, at Port expense, by a reputable laboratory of mutual
choice.
The exercise of this discretion by the Department shall be deemed a term and
condition of such employee's period of entry level probation, and need not be
supported by any showing of cause.
If any employee is ordered to submit to these tests involuntarily, the evidence
obtained shall be used for administrative purposes only.
D. Testing Mechanisms. The following testing mechanisms shall be used for any
drug or alcohol tests performed pursuant to the testing procedure:
1. It is recognized that the Employer has the right to request the laboratory
personnel administering a urine test to take such steps as checking the
color and temperature of the urine samples to detect tampering or
substitution, provided that the employee's right of privacy is guaranteed,
and in no circumstances may observation take place while the employee
is producing the urine sample. If it is established that the employee's
specimen has been intentionally tampered with or substituted by the
employee, the employee is subject to discipline as if the sample tested
positive. In order to deter adulteration of the urine sample during the
collection process, physiologic determinations such a creatinine and/or
chloride measurements may be performed by the laboratory.
2. The Parties recognize that the key to chain of possession integrity is the
immediate labeling and initialing of the sample in the presence of the
tested employee. If each container is received at the laboratory in an
undamaged condition with properly sealed, labeled and initialed
specimens, as certified by the laboratory, the Employer may take
disciplinary action based upon properly obtained laboratory results.
3. Any screening test shall be performed using the enzyme immunoassay,
(EMIT) method.
4. Any positive results on the initial screening test shall be confirmed through
the use of the high-performance thin-layer chromatography (HPTLC), gas
chromatography (GC) and gas chromotography/mass spectrometry
(GC/MS). If at any time there exists a test with a higher rate of reliability
than the GC/MS test, and if such test is reasonably accessible at a
reasonable cost, such test shall be used in place of the GC/MS test if
requested by the Union.
48
5. All samples which test negative on either the initial test or the GC/MS
confirmation test shall be reported only as negative. Only samples which
test positive on both the initial test and the GC/MS confirmation test shall
be reported as positive.
6. In reporting a positive test result, the laboratory shall state the specific
substance(s) for which the test is positive and shall provide the quantative
results of both the screening and the GC/MS confirmation tests, in terms
of nanograms per milliliter. All positive test results must be reviewed by
the certifying scientist or laboratory director and certified as accurate.
E. Procedures to be used when the sample is given. The following procedures shall
be used whenever an employee is requested to give a blood or urine sample.
Normally, the sample will be taken at the laboratory. If taken at another location,
transportation procedures as identified shall be followed. All sample taking will
be done under laboratory conditions and standards as provided by the selected
laboratory:
1. Prior to testing, or if incapacitated as soon as possible afterwards, the
employee will be required to list all drugs currently being used by the
employee on a form to be supplied by the Port. The Employer may require
the employee to provide evidence that a prescription medication has been
lawfully prescribed by a physician. If an employee is taking a prescription
or non-prescription medication in the appropriate described manner and
has noted such use, as provided above, he/she will not be disciplined.
Medications prescribed for another individual, not the employee, shall be
considered to be illegally used and subject the employee to discipline.
2. When a blood test is required, the blood sample shall be taken promptly
with as little delay as possible. Immediately after the samples are drawn,
the individual test tubes shall, in the presence of the employee, be sealed,
labeled and then initialed by the employee. The employee has an
obligation to identify each sample and initial same. If the sample is taken
at a location other than the testing laboratory, it shall be placed in a
transportation container after being drawn. The sample shall be sealed in
the employee's presence and the employee given an opportunity to initial
or sign the container. The container shall be stored in a secure and
refrigerated atmosphere, and shall be delivered to the laboratory that day
or the soonest normal business day by the fastest available method.
3. In testing blood samples, the testing laboratory will analyze blood/serum
by using gas chromatography/mass spectrometry as appropriate. Where
Schedule I and II drugs in blood are detected, the laboratory is to report a
positive test based on a forensically acceptable positive quantum of proof.
All positive test results must be reviewed by the certifying scientist or
laboratory director and certified as accurate.
49
4. When a urine sample will be given by the employee, the employee shall
be entitled, upon request, to give the sample in privacy. In most cases,
this process will take place at the laboratory. The sample container shall
remain in full view of the employee until transferred to, and sealed and
initialed in the two (2) tamper resistant containers and transportation
pouch.
5. Immediately after the sample has been given, it will be divided into two (2)
equal parts. Each of the two (2) portions of the sample will be separately
sealed, labeled. If the sample is taken at a location other than the
laboratory, it shall be stored in a secure and refrigerated atmosphere. One
of the samples will then be delivered to a testing laboratory that day or the
soonest normal business day by the fastest available method.
6. The sample will first be tested using the screening procedure set forth in
Section (D) (3) of this appendix. If the sample tests are positive for any
prohibited drug, the confirmatory test specified in Section (D) (4) of the
appendix will be employed.
7. If the confirmatory test is positive for the presence of an illegal drug, the
employee will be notified of the positive results within 24 hours after the
Port learns of the results, and will be provided with copies of all documents
pertinent to the test sent to or from the Port by the laboratory. The
employee will then have the option of submitting the untested sample to a
laboratory of mutual choice, at the Port's expense.
8. Each step in the collecting and processing of the urine samples shall be
documented to establish procedural integrity and a chain of evidence. All
samples deemed "positive" by the laboratory, according to the prescribed
guidelines, must be retained, for identification purposes, at the laboratory
for a period of six (6) months.
F. Consequences of positive test results.
1. An employee who tests positive shall have the right to challenge the
accuracy of the test results before any disciplinary procedures are invoked
as specified in Section (E) (7) above.
2. Consistent with the conditions of the appendix, the employer may take
disciplinary action based on the test results as follows:
Confirmed positive test - Employee is subject to discharge.
G. Employee rights.
1. The employee shall have the right to a Union representative during any
part of the drug testing process.
50
2. If at any point the results of the testing procedures specified in the
appendix are negative, all further testing shall be discontinued. The
employee will be provided a copy of the results, and all other copies of the
results (including the original) shall be destroyed within 24 hours after the
test results have been received by the employer. All positive test results
will be kept confidential, and will be available only to the Chief, one
designated representative of the Chief, the Human Resources Department
and the employee.
3. Any employee who tests positive shall be given access to all written
documentation available from the testing laboratory which verifies the
accuracy of the equipment used in the testing process, the qualifications
of the laboratory personnel, the chain of custody of the specimen, and the
accuracy rate of the laboratory.
51
APPENDIX D
AGREEMENT REGARDING PAYMENT FOR PRIOR SERVICE FOR PENSION CREDITS
The Port of Seattle and Teamsters Union Local 117, on behalf of the affected law enforcement
officers, hereby agree as follows:
1 Pursuant to RCW 41.26, officers have the right to secure pension coverage under
LEOFF Plan II for past service as a law enforcement officer for the Port of Seattle
during a period of time when those officers were denied entry into those plans.
2. Securing past service credit is dependent upon the payment of the amounts specified
under RCW 41.40 prior retirement.
3. The Port of Seattle is desirous of ensuring that its officers have the opportunity to
secure LEOFF Plan II coverage.
4 The Port of Seattle hereby agrees that it will negotiate an arrangement for paying in
a single lump sum amount due for the coverage for the affected officers at no cost
to the officers other than the repayment of principal as stated below to ensure
coverage of the affected officers as soon as possible.
5. The Port of Seattle and each individual officer will negotiate a specific agreement.
The Port will reduce the contribution for each officer to the Pacific Coast Benefits
Trust as provided in Article 21 by $0.80 per hour until the member has satisfied their
repayment obligation to the Port of Seattle pursuant to the specific individual
agreement. The agreement shall also allow officers to make repayments through
the holiday pool, social security repayment, etc.
6. It is understood that the principal amounts due to the proper LEOFF plan for
coverage will be repaid to the Port by the affected officers over time (without interest
or charges) under the terms of the arrangement to be negotiated. However, the Port
will assume complete and sole responsibility for any portion of the charges levied on
the officers pursuant to RCW 41.40.093 or any other applicable law by the LEOFF
plan for the amounts other than such principal including but not limited to interest
accrued, charges or amounts other than the principal.
7. It is understood that this agreement applies only to those officers who filed written
notice with the Department of Retirement Systems of an election to transfer to
LEOFF II pursuant to RCW 41.40.093 (1) (b).
8. Details regarding the Employer’s payment of a lump sum on behalf of individual
employees to the Washington State Department of Retirement Systems, and the
individual employee’s reciprocal reimbursement to the Employer are to be finalized by
March 31, 1997.
52
LETTER OF AGREEMENT
By and Between
PORT OF SEATTLE
And
TEAMSTERS LOCAL UNION NO. 117
REPRESENTING POLICE SERGEANTS
Affiliated with the
International Brotherhood of Teamsters
Re: Armed Presence at the Waterfront
The Parties signatory to a Collective Bargaining Agreement agree to the following:
All cruise ship staffing levels, if any, will be determined by Port management. However,
should an armed presence be required at the waterfront, such work will be covered
under the jurisdiction of the Union.
All other terms and provisions of the Collective Bargaining Agreement shall remain in full force
and effect.
53
MEMORANDUM OF UNDERSTANDING
by and between
THE PORT OF SEATTLE
and
THE UNDERSIGNED PARTICIPATING LOCAL UNIONS
Re: Code of Conduct/Workplace Respousibility Handbook
The parties to this Memorandum of Understanding agree as follows:
1. The collective bargaining agreement is the primary instrument governing the
relationship between the Port of Seattle and Union-represented employees. The
bargaining agreement sets forth a represented employee’s terms of employment,
including wages, hours, and working conditions.
2. The Code of Conduct/Workplace Responsibility Handbook does not modify or
supersede the collective bargaining agreement or any other negotiated agreement
between the Port and a Union. Neither is the Code intended to modify or
supersede any bona-fide past practice except for the Code’s reporting
requirements, as explained in Item 4 of this Memorandum of Understanding.
3. The Code does not change a represented employee’s existing just cause
protections.
4. The Code’s reporting requirements direct employees to report potential
violations to the Workplace Responsibility Officer and other designated officials.
Although the Code’s requirements may constitute a change in past practice for
some represented employees, the parties agree that the reporting requirements of
the Code apply to all represented employees. The parties further agree that the
Code’s reporting requirements do not preclude represented employees from
reporting potential violations to other individuals, so long as they also report to
the officials required by the Code.
5. Each represented employee will receive a reasonable amount of work time to
review the Code prior to signing. Represented employees will be expected to be
familiar with and understand the Code provisions. Represented employees also
will be expected to verify that they have reviewed the Code by June 1, 2010.
Memorandum of Understanding — Workplace Responsibility Code of Conduct
Page 1 of 3
54 54
6. The Port will attach to the Code a letter to represented employees from the Port of
Seattle Labor Relations Director, The letter will notify the employees of this
Memorandum of Understanding between the Port and the undersigned Unions.
7. The Code includes some new content that materially differs froin existing Port
policy and therefore may constitute a change in working conditions for some
represented employees. To the extent that the Port has a bargaining obligation
regarding the change(s), such content of the Code shall not be the basis of any
action against members of the signatory Unions until each Union has had an
opportunity to bargain the change(s). In meetings held to discuss the Code with
employees represented by the signatory Unions, the Port will conspicuously
communicate this fact these employees.
8. The Port acknowledges that to the extent that new content in the Code constitutes
a material and substantial change in working conditions for which the Port has a
bargaining obligation, at the time of execution of this Memorandum the parties
had not negotiated such change(s). Additionally, the Port acknowledges that at
the time of execution of this Memorandum, the signatory Unions had not waived
contractual and/or statutory rights they possessed prior to the Port’s development
and implementation of the Code.
9. This Memorandum of Understanding may be signed in counterparts, which
together shall constitute the entire agreement.
10. Any signature received by facsimile will have the same force and effect as does
an original signature on this document.
PORT OF SEATTLE:
20/0
Tay Yoshitanialee Lo Date / 7
Chief Executive Officer
OPERATING ENGINEERS,
LOCAL 286:
1 A A Dolo
Terry Roberts Date
Business Representative/Staff Attorney
Memorandum of Understanding — Workplace Responsibility Code of Conduct
Page 2 of3
55 55
TEAMSTERS LOCAL UNION NO. 117,
IBT:
ualfhe 4-2(-10
Tracey A. Thompson Date
Secretary-Treasurer
INTL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 46:
Opt Dro S-Jo ~-/0
Janet T. Lewis Date
Business Representative
INT’L LONGSHORE & WAREHOUSE
UNION, LOCAL 9:
JVpli? = £-3-70
TonyHutter Date
Business Representative
TEAMSTERS LOCAL UNION NO. 174,
IBT:
Htps} J | LJ7/v0
Rick Hicks Date
Secretary-Treasurer
Memorandum of Understanding — Workplace Responsibility Code of Conduct
Page 3 of3
56 56
INTERNATIONAL ASSOCIATION OF
MACHINISTS, LOCAL 289:
Lair ¢/2/p
Dan Morgan Date
Business Representative
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 1257:
= S$6 2010
:
Thomas Sanchez Date
President
SEATTLE-KING COUNTY BUILDING &
CONSTRUCTION TRADES COUNCIL:
<< . /!fRv e-2 IC
Lee Newgent Date
Executive Secretary
TEAMSTERS LOCAL UNION NO. 763
(4.4 posS10
Dave Grage Date
Secretary-Treasurer
Memorandum ofUnderstanding — Workplace Responsibility Code of Conduct
Page 4 of 5
57 57
PACIFIC NW COUNCIL OF
CARPENTERS, LOCAL 131
\ 2 g Hd: S260
en Milici Date
Service Representative
INT’L UNION OF OPERATING
ENGINEERS, LOCAL 302
ine: Mow9 529.10;
Darren Kehopaski Ime Date
Fe WPWty
Business Manager/8 C
Tuo
SC{en
Memorandum of Understanding — Workplace Responsibility Code of Conduct
Page 5 of§
58 58
MEMORANDUM OF UNDERSTANDING
By and Between
PORT OF SEATTLE - SERGEANTS
And
TEAMSTERS LOCAL UNION. NO. 117
Affiliated with the International Brotherhood of Teamsters
Representing Police Sergeants and Officers
Re: Scent Borne Canine Positions – Settlement Agreement
This Memorandum of Understanding between the Port of Seattle (“the Port”) and Teamsters
Local Union No. 117 (“the Union”) is intended to resolve the unfair labor practice charge, unit
clarification, and grievance identified below.
The parties agree:
1) There will be a 7:1 ratio of canine handler Officer Positions to canine handler Sergeant
Positions. This would mean the Department would have to have at least eight (8) total
canine positions (7 Officers, 1 Sergeant) for one (1) Sergeant to have a dog and the
Department would have at least sixteen (16) total canine positions (14 Officers, 2
Sergeants) for a second Sergeant to be assigned a dog.
2) Canine Trainers will be filled as staffing allows and at the discretion of the Department.
Both parties agree that canine trainer duties will remain Officer bargaining unit work as
set forth in the Officer’s Collective Bargaining Agreement.
Settlement:
This Settlement Agreement resolves the Unit Clarification case (Case No. 128976-C-17) on
this matter. In addition, and as part of this settlement, Local 117 agrees to withdraw its Unfair
Labor Practice case (Case No. 128934-U-17) as well as the grievance on this matter.
59
MEMORANDUM OF UNDERSTANDING
By and Between
PORT OF SEATTLE - SERGEANTS
And
TEAMSTERS LOCAL UNION. NO. 117
Affiliated with the International Brotherhood of Teamsters
Representing Police Sergeants
Re: Two (2) Additional Bargaining Unit Positions - Waterfront and BDU/K9
Sergeants
The following Memorandum of Understanding is made and entered into between the Port of
Seattle and the International Brotherhood of Teamsters, Local 117, Police Sergeants,
regarding the addition of a Waterfront Sergeant and a BDU/K9 Sergeant and is subject to
the following:
1. The Port intends to add two (2) additional Sergeant Positions to the Sergeant’s
Bargaining Unit.
2. The Port and the Union agree that the additional Waterfront Sergeant position
will be assigned a twelve and a half (12.5) hour work schedule with the regular
days of work being Friday, Saturday, and Sunday. The regular schedule will
start at 0500 through 1730. However, the Sergeant assigned may flex their
starting time with the approval of their supervisor. All benefits and work
requirements including the ten (10) hour make up day will be the same as other
patrol sergeants working a twelve and one half (12.5) hour work schedule as
provided in Article 15 of the Collective Bargaining Agreement between the Port
of Seattle and the Teamsters Local Union No. 117 Representing Police
Sergeants.
The Port and the Union agree that effective January 1, 2023, both Waterfront
Sergeants positions will be assigned a twelve (12) hours work schedule
consisting of a work week of three days on and four days off followed by a work
week of four days on and three days off. One Sergeant will be assigned to work
Sunday, Monday, and Tuesday. One Sergeant will be assigned to work
Thursday, Friday and Saturday. The Sergeants will alternate working
Wednesdays.
The regular schedule will start at 0500 through 1700. However, the Sergeant
assigned may flex their starting time with the approval of their supervisor.
Both Sergeants will receive the Patrol Shift Differential in Appendix A, Section
3 (N) of the contract.
60
3. The Port and the Union agree that the additional BDU/K9 Sergeant position will
be assigned a twelve (12) hour work schedule that results in a thirty-six (36)
hour work week and a forty-eight (48) hour work week in each pay cycle. The
regular work days will be Monday, Tuesday, Wednesday, and every other
Sunday. The regular schedule will start at 0500. However, the BDU/K9
Sergeant will have the ability to adjust the start time based on need as approved
by their supervisor. This position will receive a two and one half percent (2.5%)
twelve (12) Hour Patrol Shift Premium Differential for working additional straight
time hours exceeding two thousand and eighty (2080) in the work year as
provided in Appendix A, Section N of the Collective Bargaining Agreement
between the Port of Seattle and the Teamsters Local Union No. 117
Representing Police Sergeants.
4. This Memorandum of Understanding is entered into between the parties on a
one-time, non-precedent setting basis, specific to the circumstances presented
herein, and shall not be used against either the Port or the Union in any future
dispute or proceeding.
61
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.