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October 21, 2017
RECREATION/LIFEGUARDS CONTRACT - BILL DRAFT
Posted On: Jan 07, 2016

_AGREEMENT

 

 

 

 

 

 

 

 

AGREEMENT BY AND BETWEEN

THE CITY OF SEATTLE AND

PUBLIC SERVICE AND INDUSTRIAL EMPLOYEES, LOCAL 1239

 

 

 

 

 

UNIT:

 

 

RECREATION LEADERS, RECREATION ATTENDANTS AND LIFEGUARDS IN THE

SEATTLE DEPARTMENT OF PARKS AND RECREATION

 

 

 

 

 

 

 

Effective through January 1, 2015 through December 31, 2018


TABLE OF CONTENTS

 

ARTICLE                                                                                                                               PAGE

 

PREAMBLE................................................................................................................................ iii

ARTICLE 1          RECOGNITION, BARGAINING UNIT AND TEMPORARY EMPLOYMENT........... 1

ARTICLE 2          NON-DISCRIMINATION..................................................................................... 9

ARTICLE 3          UNION MEMBERSHIP AND DUES................................................................... 10

ARTICLE 4          CLASSIFICATIONS AND RATES OF PAY........................................................ 12

ARTICLE 5          HOURS OF WORK AND OVERTIME................................................................ 16

ARTICLE 6          HOLIDAYS........................................................................................................ 22

ARTICLE 7          ANNUAL VACATIONS...................................................................................... 24

ARTICLE 8          SICK LEAVE, FUNERAL LEAVE, EMERGENCY................................................ 26

ARTICLE 9          INDUSTRIAL INJURY OR ILLNESS.................................................................. 30

ARTICLE 10 PROBATIONARY PERIOD AND TRIAL SERVICE............................................ 32

ARTICLE 11 TRANSFERS, VOLUNTARY REDUCTION, LAYOFF AND RECALL.................... 36

ARTICLE 12 HEALTH CARE, DENTAL CARE, LIFE AND LONG TERM INSURANCE.............. 41

ARTICLE 13  RETIREMENT................................................................................................. 43

ARTICLE 14  GENERAL CONDITIONS................................................................................. 45

ARTICLE 15  LABOR-MANAGEMENT COMMITTEE............................................................ 50

ARTICLE 16  WORK STOPPAGES....................................................................................... 52

ARTICLE 17   RIGHTS OF MANAGEMENT........................................................................... 53

ARTICLE 18   SUBORDINATION OF AGREEMENT............................................................... 55

ARTICLE 19  ENTIRE AGREEMENT.................................................................................... 56

ARTICLE 20  GRIEVANCE PROCEDURE............................................................................. 57

ARTICLE 21  SAVINGS CLAUSE.......................................................................................... 63



AGREEMENT

 

BY AND BETWEEN

 

THE CITY OF SEATTLE

 

AND

 

PUBLIC SERVICE AND INDUSTRIAL EMPLOYEES, LOCAL 1239

PREAMBLE

 

 

 

THIS AGREEMENT is between the CITY OF SEATTLE (hereinafter called the City) and Public Service and Industrial Employees, Local 1239 (hereinafter called the Union), for the purpose of setting forth the mutual understanding of the parties regarding wages, hours, and other conditions of employment of those employees in the Seattle Department of Parks and Recreation in classifications for whom the City has recognized the Union as the exclusive collective bargaining representative pursuant to Public Employment Relations Commission decision #3664-PECB.


ARTICLE 1 -- RECOGNITION, BARGAINING UNIT, AND TEMPORARY    EMPLOYMENT

 

1.1      The City recognizes the Union as the exclusive collective bargaining representative for the purpose stated in RCW 41.56 for the bargaining unit defined to include the job titles listed in Appendix A as certified by the Public Employment Relations Commission in decision number 3664-PECB and Appendix B and excluding supervisors, confidential employees, and all other employees of the City. Employees in the job titles of the bargaining unit as defined shall be employed subject to the terms and conditions of this Agreement.

 

1.1.1                    The term "employee" shall be defined to include probationary employees, regular employees, full-time employees, part-time employees, and temporary employees not otherwise excluded or limited in the following Sections of this Article.

 

1.1.2                    The term "probationary employee" shall be defined as an employee who is within his/her first twelve (12) month trial period of employment following his/her initial regular appointment within the classified Civil Service.

 

1.1.3                    The term "regular employee" shall be defined as an employee who has successfully completed a twelve (12) month probationary period and who has had no subsequent break in service as occasioned by quit, resignation, discharge for just cause, or retirement.

 

1.1.4                    The term "full-time employee" shall be defined as an employee who has been regularly appointed and who has a usual work schedule of forty (40) hours  per week.

 

1.1.5                    The term "part-time employee" shall be defined as an employee who has  been regularly appointed and who has a usual work schedule averaging at least twenty (20) hours but less than forty (40) hours per week.

 

1.1.6                    The terms “temporary employee” and “temporary worker” shall be defined to include both temporary and less than half time employees, and means a person who is employed in:

 

1.  An interim assignment of up to one (1) year to a vacant regular position to perform work associated with a regularly budgeted position that is temporarily vacant and has no incumbent; or

2.  An interim assignment for short-term replacement of a regular employee  of up to one (1) year when the incumbent is temporarily absent; or

 

3.  A short-term assignment of up to one (1) year, which may be extended beyond one year only while the assignment is in the process of being


converted to a regular position, to perform work that is not ongoing regular work and for which there is no regularly budgeted position; or

 

4.  A less than half-time assignment for seasonal, on-call, intermittent or regularly scheduled work that normally does not exceed one thousand forty (1040) hours in a year, but may be extended up to one thousand three hundred (1300) hours once every three years and may also be extended while the assignment is in the process of being converted to a regular position; or

 

5.  A term-limited assignment for a period of more than one (1) but less than three (3) years for time-limited work related to a specific project, grant or other non-routine substantial body of work, or for the replacement of a regularly appointed employee when that employee is absent on long-term disability time loss, medical  or military leave of absence.

 

1.1.7                    Temporary workers in the following types of assignments shall cease  receiving premium pay at the time indicated and begin receiving wage progression and benefits as provided in SMC 4.20.055 D:

 

1.1.7.1     Interim and short term assignments after one thousand forty (1040) regular straight time hours for the remainder of the assignment, unless the Personnel Seattle Human Resources Director determines that the assignment will terminate so imminently that the benefits package would be of minimal value to the worker.

 

1.1.7.2     Term-limited assignments starting with the first day and for the duration of the assignment.

 

1.1.7.3     Any assignment that the appointing authority has proposed be converted to regular position authority regardless of the number of hours worked.

 

1.1.8 The term "interim basis" shall be defined as an assignment of a regular or probationary employee or employees to fill a vacancy in a budgeted position for a short period while said position is waiting to be filled by a regularly appointed employee.

 

1.2      Temporary employees shall be exempt from all provisions of this Agreement; except, temporary employees who have worked at least one hundred forty- four (144) hours in a calendar year shall be subject to the terms and conditions of this Agreement as follows, beginning with the first day of the pay period following the attainment of this threshold number of hours: Sections 1.2; 1.2.1; 1.2.2; 1.2.2.1; 1.2.2.2; 1.2.3; 1.2.3.1; 1.2.4; 1.2.5 (only applies if Temporary Employees are benefited); 1.2.6; 1.2.7; 1.2.8 (only applies if Temporary Employees are benefited); 1.2.9; 1.2.10; 1.2.11; 1.2.12; 1.2.13; 1.2.14; Article 3, Union Dues; Sections 4.1; 4.1.1; 4.1.2; 4.1.3; 4.2.10;   Article


5 (except Sections 5.4; 5.6; 5.7; 5.8); Section 14.1; 14.6; and Article 20, Grievance Procedure; provided, however, temporary employees shall be covered by the Grievance Procedure solely for purposes of adjudicating grievances relating to Sections identified within this Section. Where the provisions in Personnel Rule 11 do not conflict with the expressed provisions of this Agreement, the Personnel Rule 11 shall apply and be subject to the grievance procedure as provided for in Article 20.

 

1.2.1                    Temporary employees who are not in benefits-eligible assignments shall be paid for all hours worked at the first pay step of the hourly rates of pay set forth within the appropriate Appendix covering the classification of work in which he/she is employed; provided, however, at the discretion of the department director, and under the authority of special ordinance allowing same, temporary employees in the job titles covered by this Agreement may be hired in at any one of the steps of the salary range applicable to the title. Temporary employees who are in a benefits-eligible assignment shall receive step increases consistent with Article 4.2.1, 4.2.4 and 4.2.5.

 

1.2.2                    Premiums Applicable Only to City of Seattle Temporary Employees who are not in benefits-eligible assignments - Each temporary employee shall receive premium pay as hereinafter set forth based upon the corresponding number  of cumulative non-overtime hours worked by the temporary employee unless the employee is in a benefits-eligible assignment:

 

A...0001st hour through 0520th hour……5% premium pay

 

B...0521st hour through 1,040th hour…..10% premium pay

 

C...1,041st hour through 2,080th hour….15% premium pay (If an employee worked 800 hours or more in the previous twelve [12] months, they shall receive twenty percent [20%] premium pay.)

 

D...2,081st hour + 20% premium pay (If an employee worked eight hundred [800] hours or more in the previous twelve [12] months, they shall receive twenty-five percent [25%] premium pay.)

 

E. The appropriate percentage premium payment shall be applied to all gross earnings.

 

1.2.2.1     Once a temporary employee reaches a given premium level, the premium shall not be reduced for that temporary employee as long as the employee continues to work for the City without a voluntary break in service as set forth within Section 1.2.8. Non-overtime hours already worked by an existing temporary employee shall apply in determining the applicable premium rate. In view of the escalating and continuing nature of the premium, the City may require that a temporary employee be available to work for a minimum  number of hours or periods of time during the year.


1.2.2.2     The premium pay in Section 1.2.2 does not include either increased vacation pay due to accrual rate increases or the City's share of any retirement contributions. Any increase in a temporary employee's vacation accrual rate percentage shall be added on to the premium pay percentages for the temporary employee to whom it applies.

 

1.2.3                    Medical, Dental and Vision Coverage to Temporary Employees who are not in Benefits-Eligible Positions - Once a temporary employee has worked at least one thousand forty (1,040) cumulative non-overtime hours and at least eight hundred (800) non-overtime hours or more in the previous twelve (12) months, the employee may within ninety (90) calendar days thereafter elect to participate in the City's medical, dental and vision insurance programs by agreeing to pay the required monthly premium. To participate, the temporary employee must agree to a payroll deduction equal to the amount necessary to pay the monthly health care premiums, or the City, at its discretion, may reduce the premium pay of the employee who chooses this option in an amount equal to the insurance premiums. The temporary employee must continue to work enough hours each month to pay the premiums and  maintain eligibility. After meeting the requirements stated in this Section, a temporary employee shall also be allowed to elect this option during any subsequent open enrollment period allowed regular  employees.  An employee who elects to participate in these insurance programs and fails to make the required payments in a timely fashion shall be dropped from City medical, dental and vision coverage and shall not be able to participate again while employed by the City as temporary unless he or she is converted from receiving premium pay to receiving benefits. If a temporary employee's hours of work are insufficient for their pay to cover the insurance premium, the temporary employee may, on no more than one occasion, pay the difference, or self-pay the insurance premium, for up to three (3) consecutive months.

 

1.2.3.1     Cumulative sick leave computed at the rate of 0.33 hours for all hours worked and with all benefits and conditions required by Ordinance 123698 shall be granted to all temporary employees not eligible for fringe benefits pursuant  to

 SMC 4.20.055 (C), except that “work study” employees as defined by the administrative rules promulgated by the Seattle Office of Civil Rights shall not be eligible for the sick leave benefit.

 

1.2.4                    Holiday Work For Non-Benefits-Eligible Temporary Employees - A temporary employee who works on any of the specific calendar days designated by the City as paid holidays shall be paid at the rate of one and one-half (1 1/2)  times his/her regular straight-time hourly rate of pay for hours worked during his/her scheduled shift. When a specific holiday falls on a weekend day and most regular employees honor the holiday on the preceding Friday or following Monday adjacent to the holiday, the holiday premium pay of one and one-half (1 1/2) times the employee's regular straight-time rate of pay shall


apply to those temporary employees who work on the weekend day specified as the holiday.

 

1.2.5                    Benefits-Eligible Temporary Employee Holiday Pay - A temporary employee shall be compensated at his or her straight-time rate of pay for all officially recognized City holidays that occur subsequent to the employee becoming eligible for fringe benefits, for as long as he or she remains in such eligible assignment.

 

A.   To qualify for a holiday pay, the employee must be on active pay status  the normally scheduled workday before or after the holiday as provided by Section 6.2.

 

B.   Officially recognized City holidays that fall on Saturday shall be observed on the preceding Friday. Officially recognized City holidays that fall on Sunday shall be observed on the following Monday. If the City’s observance of a holiday falls on a temporary employee’s normal day off, he or she shall be eligible for another day off, with pay during the same workweek.

 

C.   Temporary employees who work less than 80 hours per pay period shall have their holiday pay pro-rated based on the number of straight-time hours compensated during the preceding pay period.

 

D.   A temporary employee shall receive two personal holidays immediately upon becoming eligible for fringe benefits, provided he or she has not already received personal holidays in another assignment within the same calendar year.

 

E.   Personal holidays cannot be carried over from calendar year to calendar year, nor can they be cashed out.

 

F.    A temporary employee must use any personal holidays before his or her current eligibility for fringe benefits terminates.  If a employee requests  and is denied the opportunity to use his or her personal holidays during  the eligibility assignment, the employing unit must permit him or her to use and be compensated for the holidays immediately following the last day worked in the assignment, prior to termination of the assignment.

 

1.2.6                    Premium pay set forth within Section 1.2.2 shall be in lieu of the base level of vacation and all other fringe benefits, such as sick leave, holiday pay, funeral leave, military leave, jury duty pay, disability leave, and medical and dental insurance, except as otherwise provided in Sections 1.2.2.2, 1.2.3, and 1.2.4.

 

1.2.7                    The City may, at any time after ninety (90) calendar days’ advance notification to    and    upon    consultation    with    the    affected    collective   bargaining


representatives, provide all fringe benefits covered by the premium pay set forth within Section 1.2.2 to all or some groups (departmental or occupational) of temporary employees to the same extent that they are available to regular employees within the same group, and in such event the premium pay provision in Section 1.2.2 shall no longer be applicable to that particular group of temporary employees. The City, at its discretion, may also after ninety (90) calendar days’ advance notification to and upon consultation with the affected collective bargaining representatives, provide paid vacation and/or sick leave benefits to all or some groups (departmental or occupational) of temporary employees to the same extent that they are available to regular employees without providing other fringe benefits, and in such event the premium pay in Section 1.2.2 shall be reduced by a percentage amount equivalent to the value of vacation and/or sick leave benefits. The applicable amount for base- level vacation shall be recognized as four point eight one percent (4.81%), which could be higher dependent upon accrual rate increases.  The  applicable amount for base-level sick leave shall be four point six percent (4.6%). The City shall not use this option to change to and from premiums  and benefits on an occasional basis. The City may also continue to provide benefits in lieu of all or part of the premiums in Section 1.2.2 where it has already been doing so, and it may in such cases reduce the premium paid to the affected employees by the applicable percentage.

 

1.2.8                    A temporary employee who is assigned to a benefits eligible assignment will receive fringe benefits in-lieu-of premium pay until the assignment is converted or terminated.

 

1.2.9                    The premium pay provisions set forth within Section 1.2.2 shall apply to cumulative non-overtime hours that occur without a voluntary break in service by the temporary employee. A voluntary break in service shall be defined as quit, resignation, service retirement, or failure to return from an unpaid leave. If the temporary employee has not worked for at least one (1) year (12  months or 26 pay periods), it shall be presumed that the employee's break in service was voluntary.

 

1.2.10                The City may work temporary employees beyond one thousand forty (1,040) regular hours within any twelve (12) month period; provided, however, the  City shall not use temporary employees to supplant regular positions. The  City shall not assign or schedule temporary employees (or fail to do so) solely to avoid accumulation of regular hours that would increase the premium pay provided for in Section 1.2.2 or solely to avoid considering creation of regular positions.

 

1.2.10.1    In the event that an interim assignment of a temporary employee to a vacant regular position accrues more than one thousand five hundred (1500) hours  or accumulates hours in eighteen (18) or more consecutive pay periods, the City shall notify the union that a labor-management meeting shall take   place


within two (2) weeks for the purpose of discussing the status of filling the vacant position prior to one (1) year.

 

1.2.11                A temporary employee who has worked in excess of five hundred twenty

(520) regular hours and who is appointed to a regular position without a voluntary break in service greater than thirty (30) days shall have his/her time worked counted for purposes of salary step placement (where appropriate). In addition, a temporary employee who is in a term-limited assignment shall receive service credit for layoff purposes if the employee is immediately hired (within thirty (30) business days without a break in service) into the same job title and position after the term is completed.

 

1.2.12                Temporary employees covered by this Agreement who have worked for the City for one thousand forty (1040) hours without a break in service are eligible to apply to all positions advertised internally.

 

1.2.13                A temporary employee who has worked one thousand forty (1040) straight- time hours and is receiving benefits from the City may by mutual agreement be allowed to accrue compensatory time if the work unit in which the temporary employee is assigned has a practice/policy of accruing compensatory time. Scheduling compensatory time shall be by mutual agreement with the supervisor.  If the temporary employee does not use his  or her accrued compensatory time prior to the termination of the benefits eligible assignment, the compensatory time will be cashed out upon termination of the assignment.

 

1.2.14                A temporary employee who receives fringe benefits in-lieu-of premium pay may be eligible for the sick leave transfer program.

 

1.2.15                On an annual basis, the City will provide the Union with a copy of the Temporary Employee Utilization Report.

 

1.3      The City may establish on-the-job training program(s) in a different classification and/or within another bargaining unit for the purpose of providing individuals an opportunity to compete and potentially move laterally and/or upward into new career fields. Prior to implementation of such a program(s) relative to bargaining unit employees, the City shall discuss the program(s) with the appropriate Union or Unions, and the issue of bargaining unit jurisdiction and/or salary shall be a proper subject for negotiations at that time upon the request of either party.

 

1.4      As part of its public responsibility, the City may participate in or establish public employment programs to provide employment and/or training for and/or service to the City by various segments of its citizenry. Such programs may result in individuals performing work for the City that is considered bargaining unit work pursuant to RCW  41.56.   Such programs have included and    may


include youth training and/or employment programs; adult training and or employment programs; vocational rehabilitation programs; work-study and student-intern programs; court-ordered community service programs; programs to employ developmentally disabled or severely, physically disabled persons known as the "special employment program"; volunteer programs; and other programs with similar purposes. Some examples of such programs already in effect include Summer Youth Employment Program (SYEP), Youth Employment Training Program (YETP), Work-Study, Adopt-a-Park, Seattle Conservation Corps, and court-ordered community Service. Individuals working for the City pursuant to such programs shall be exempt from all provisions of this Agreement.

 

1.4.1                    The City shall have the right to implement new public employment programs or expand its current programs beyond what exists as of the signature date of this Agreement December 31, 2014, but where such implementation or expansion involves bargaining unit work and results in a significant departure from existing practice, the City shall give thirty (30) days’ advance written notice to the Union of such and upon receipt of a written request from the Union thereafter, the City shall engage in discussions with the Union on concerns raised by the Union. Notwithstanding any provision to the contrary, the expanded use of individuals under such a public employment program  that involves the performance of bargaining unit work within the department beyond what has traditionally existed shall not be the cause of (1) a layoff of regular employees covered by this Agreement, or (2) the abrogation of a regular budgeted full-time position covered by this Agreement that recently had been occupied by a regular full-time employee who performed  the specific bargaining unit work now being or about to be performed by an individual under one of the City's public employment programs.

 

1.5      An employee who is assigned to work out of class from a classification falling under one bargaining unit to another bargaining unit shall remain under the jurisdiction of the initial bargaining unit until such time as he or she is regularly appointed to the position.


ARTICLE 2  -- NON-DISCRIMINATION

 

2.1      The City and the Union shall not unlawfully discriminate against  any employee by reason of race, creed, age, color, sex, national origin, religious belief, marital status, sexual orientation, gender identity, veteran status, political ideology, ancestry, or the presence of any sensory, mental, or physical handicap unless based on a bona fide occupational qualification reasonably necessary to the operations of the City.

 

2.1.1                    Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender.

 

2.1.2                    Disputes involving this Article must be processed through the appropriate local, state, or federal agency. Such disputes shall not be subject to the grievance procedure contained within this Agreement.


ARTICLE 3  --  UNION MEMBERSHIP AND DUES

 

3.1      It shall be a condition of employment that each employee covered by this Agreement who voluntarily is or who voluntarily becomes a member of said Union shall remain a member of same during the term of this Agreement. Any employee hired or permanently assigned into a bargaining unit position on or after signing of this Agreement shall, on or before the thirtieth (30th) day following the beginning of such employment, join the Union or pay an amount equivalent to the regular monthly dues of the Union. Failure by any such employee to apply for and/or maintain such membership or pay an amount equivalent to the regular monthly dues of the Union in accordance with this provision shall constitute cause for discharge of such employee; provided, however, the requirements to apply for Union membership and/or maintain Union membership shall be satisfied by the employee's payment of the  regular initiation fee or regular reinitiation fee or the regular dues uniformly required by the Union of its members as a service fee.

 

3.1.1                    The Union service fee shall be payable under the terms of this Article beginning with the thirty-first (31st) day following the employee's first date of employment or, for temporary employees, commencing with coverage by this Agreement pursuant to Section 1.2. A temporary employee may, in lieu of the Union membership requirements set forth within Section 3.1, pay a Union service fee in an amount equivalent to one and one-half percent (1.5%) of the total gross earnings received by the temporary employee for all hours worked within the bargaining unit each biweekly pay period, commencing with the first day of the pay period beginning after the employee has worked one hundred forty-four (144) hours in the bargaining unit in the calendar year.

 

3.1.2                    Employees who are determined by the Public Employment Relations Commission   to   satisfy   the   religious   exemption   requirements   of  RCW

41.56.122 shall contribute an amount equivalent to regular Union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the regular monthly dues.

 

3.2      Failure by an employee to abide by the afore-referenced provisions of this Article shall constitute cause for discharge of such employee; provided, however, it shall be the responsibility of the Union to notify the City in writing when it is seeking discharge of an employee for non-compliance with  Sections 3.1 or 3.1.1 or 3.1.2 of this Article. When an employee fails to fulfill the Union security obligations set forth within this Article, the Union shall forward a "Request For Discharge Letter" to the affected department head (with copies to the affected employee and the City Director of Labor Relations). Accompanying the Discharge Letter shall be a copy of the letter to


the employee from the Union explaining the employee's obligation under Article III, Sections 3.1 or 3.1.1 or 3.1.2.

 

3.2.1                    The contents of the "Request For Discharge Letter" shall specifically request the discharge of the employee for failure to abide by Sections 3.1 or 3.1.1   or

3.1.2 of Article III, but provide the employee and the City with thirty (30) calendar days’ written notification of the Union's intent to initiate discharge action, during which time the employee may make restitution in the amount that is overdue. Upon receipt of the Union's request, the affected department head or designee, shall give notice in writing to the employee, with a copy to the Union and the City Director of Labor Relations, that the employee faces discharge upon the request of the Union at the end of the thirty (30) calendar day period noted in the Union's "Request For Discharge Letter" and that the employee has an opportunity before the end of said thirty (30) calendar day period to present to the affected department any information relevant to why the department should not act upon the Union's written request for the employee's discharge.

 

3.2.2                    In the event the employee has not yet fulfilled the obligation set forth within Sections 3.1 or 3.1.1 or 3.1.2 of this Article within the thirty (30) calendar day period noted in the Request For Discharge Letter, the Union shall thereafter reaffirm in writing to the affected department head, with copies to the affected employee and the Director of Labor Relations, its original written request for discharge of such employee. Unless sufficient legal explanation or reason is presented by the employee why discharge is not appropriate or unless the Union rescinds its request for the discharge the City shall, as soon as  possible thereafter, effectuate the discharge of such employee. If the employee has fulfilled the Union security obligation within the thirty (30) calendar day period, the Union shall so notify the affected department head in writing, with a copy to the City Director of Labor Relations and the affected employee. If the Union has reaffirmed its request for discharge, the affected department head shall notify the Union in writing, with a copy to the City Director of Labor Relations and the affected employee, that the Department effectuated the discharge and the specific date such discharge was effectuated, or that the department has not discharged the employee, setting forth the reasons why it has not done so.

 

3.3      The City shall deduct from the pay check of each employee who has so authorized it, the regular initiation fee and regular monthly dues uniformly required of members of the Union or the alternative biweekly Union service fees required of temporary employees per Section 3.1.1. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved. The Union shall indemnify and save harmless the City against any and all liability arising out of this Article. If an improper deduction is  made,  the  Union  shall  refund  directly  to  the  employee  such   amount.


Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request.

 

 

 

 

 

 

 


ARTICLE 4  --  CLASSIFICATIONS AND RATES OF PAY

 

4.1                          The classifications of employees covered under this Agreement and the corresponding rates of pay are set forth within Appendix "A" and “B” attached hereto and made a part of this Agreement.

 

4.1.1                    Effective December 26, 2007 December 31, 2014, the base wage rates, as displayed in the Appendices of this Agreement, reflect an increase of  3.82.0%.

 

4.1.2                    Effective January 7, 2009December 30, 2015, the base wage rates, as displayed in the Appendices of this Agreement, reflect an increase of 2.0%.wages will be increased by 100% of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the period June 2007 through June 2008 to the period June 2008 through June 2009.

 

4.1.3                    Effective January 6, 2010 December 28, 2016, the base wage rates, as displayed in the Appendices of this Agreement, reflect an increase of 2.5%.

wages will be increased by 100% of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the period August 2004 through June 2005 to the period August 2005 through June 2006.

 

4.1.4                    Effective December 27, 2017, the base wage rates, as displayed in the Appendices of this Agreement, reflect an increase of 2.75%.

For 2006 and 2007, the percentage increases shall be at least two percent (2%) and not more than seven percent (7%).

 

4.1.5                    The base wage rates referenced above shall be calculated by applying the appropriate percentage increase to base hourly rates or as otherwise provided for herein.

 

4.1.6                    In the event the "Consumer Price Index" becomes unavailable for purposes of computing any one of the afore-referenced increases, the parties shall jointly request the Bureau of Labor Statistics to provide a comparable index for purposes of computing such increase and if that is not satisfactory, the parties shall promptly undertake negotiations solely with respect to agreeing upon a substitute formula for determining a comparable adjustment.

 

4.2                          An employee, upon first appointment or assignment shall receive the minimum rate of the salary range fixed for the position as set forth within Appendix “A” and Appendix “B” attached hereto; provided however, appointment may be at a higher step at the discretion of the department director, as allowed by ordinance.


4.2.1                    An employee shall be granted the first automatic step increase in salary rate upon completion of six (6) months of "actual service" when hired at the first step of the salary range, and succeeding automatic step increases shall be granted after twelve (12) months of "actual service" from the date of eligibility for the last step increase to the maximum of the range. Actual service for purposes of this Section shall be defined in terms of one month's service for each month of full-time employment, including paid absences. This provision shall not apply to temporary employees prior to regular appointment, except as otherwise provided for in Section 1.2.10 and except that step increments in the out-of-class title shall be authorized when a step increase in the primary title reduces the pay differential to less than what the promotion rule permits, provided that such increment shall not exceed the top step of the  higher salary range. Further, when an employee is assigned to perform out-of-class duties in the same title for a total of twelve (12) months (each 2088 hours) of actual service, he/she will receive one-step increment in the higher-paid title; provided that he/she has not received a step increment in the out-of-class title based on changes to the primary pay rate within the previous twelve (12) months, and that such increment does not exceed the top step of the higher salary range. However, hours worked out-of-class,  that were  properly paid per Article 5.9 of this Agreement, shall apply toward salary step placement if the employee’s position is reclassified to the same title as the out-of-class assignment within twelve (12) months of the end of such assignment.

 

4.2.2                    For employees assigned salary steps other than the beginning step of the salary range, subsequent salary increases within the salary range shall be granted after twelve (12) months of actual service from the appointment or increase, then at succeeding twelve (12) month intervals to the maximum of the salary range established for the class.

 

4.2.3                    In determining actual service for advancement in salary step, absence due to sickness or injury for which the employee does not receive compensation  may at the discretion of the City be credited at the rate of thirty (30) calendar days per year.  Unpaid absences due to other causes may, at the discretion  of the City, be credited at the rate of fifteen (15) calendar days per year. For the purposes of this Section, time lost by reason of disability for which an employee is compensated by Industrial Insurance or Charter disability provisions shall not be considered absence. An employee who returns after layoff, or who is reduced in rank to a position in the same or another department, may be given credit for such prior service.

 

4.2.3   Any increase in salary based on service shall become effective upon the first   day immediately following completion of the applicable period of service.

 

4.2.5                    Changes in Incumbent Status Transfers - An employee transferred to another position in the same class or having an identical salary range shall continue to be  compensated  at  the  same  rate  of  pay  until  the  combined       service


requirement is fulfilled for a step increase and shall thereafter receive step increases as provided in Section 4.2.1.

 

4.2.6                    Promotions - An employee appointed to a position in a class having a higher maximum salary shall be placed at the step in the new salary range which provides an increase closest to but not less than one salary step over the most recent step received in the previous salary range immediately preceding the promotion, not to exceed the maximum step of the new salary range; and provided further, that this provision shall apply only to appointments of employees from regular full-time positions and shall not apply to  appointments from positions designated as "intermittent" or "as needed". However, hours worked out-of-class shall apply toward salary step placement if the employee is appointed to the same title as the out-of-class assignment within twelve (12) months of the end of such assignment.

 

4.2.7                    An employee demoted because of inability to meet established performance standards from a regular full-time or part-time position to a position in a class having a lower salary range shall be paid the salary step in the lower range determined as follows:

A.   If the rate of pay received in the higher class is above the maximum salary for the lower class, the employee shall receive the maximum salary of the lower range.

 

B.   If the rate of pay received in the higher class is within the salary range for the lower class, the employee shall receive that salary rate for the lower class which, without increase, is nearest to the salary rate to which such employee was entitled in the higher class; provided however, the employee shall receive not less than the minimum salary of the lower range.

 

4.2.8                    An employee reduced because of organizational change or reduction in force from a regular full-time or part-time position to a position in a class having a lower salary range shall be paid the salary rate of the lower range which is nearest to the salary rate to which he/she was entitled in his/her former position without reduction; provided however, such salary shall in no event exceed the maximum salary of the lower range. If an employee who has completed twenty-five (25) years of City service and who within five (5) years of a reduction in lieu of layoff to a position in a class having a lower salary range, such employee shall receive the salary he/she was receiving prior to such second reduction as an "incumbent" for so long as he/she remains in such position or until the regular salary for the lower class exceeds the "incumbent" rate of pay.

 

4.2.9                    When a position is reclassified by ordinance to a new or different class having a different salary range, the employee occupying the position immediately prior to and at the time of reclassification shall receive the salary rate which


shall be determined in the same manner as for a promotion; provided however, if the employee's salary prior to reclassification is higher than the maximum salary of the range for such new or different class, he/she shall continue to receive such higher salary as an "incumbent" for so long as he/she remains in position or until the regular salary for the classification exceeds the "incumbent" rate of pay.

 

4.2.10                Correction of Payroll Errors - In the event it is determined there has been an error in an employee’s paycheck, an underpayment shall be corrected within two pay periods; and, upon written notice, an overpayment shall be corrected as follows:

 

A.   If the overpayment involved only one paycheck;

 

1.      By payroll deductions spread over two pay periods; or

2.      By payments from the employee spread over two pay periods.

 

B.   If the overpayment involved multiple paychecks, by a repayment schedule through payroll deduction not to exceed twenty-six (26) pay periods in duration, with a minimum payroll deduction of not less than twenty-five dollars ($25) per pay period.

 

C.   If an employee separates from the City service before an overpayment is repaid, any remaining amount due the City will be deducted from his/her final paycheck(s).

 

D.   By other means as may be mutually agreed between the City and the employee. The union representative may participate in this process at the request of the involved employee. All parties will communicate/cooperate in resolving these issues.


ARTICLE 5  --  HOURS OF WORK AND OVERTIME

 

5.1      For all hours worked in excess of forty (40) in a work week, an employee shall be paid at a rate one and one-half (1 1/2) times the base hourly rate of his/her job title. The seven-day work week shall be defined as beginning on Wednesday and ending at midnight seven days later on Tuesday. Other work weeks of seven consecutive twenty-four (24) hour periods may be defined to accommodate specified schedules, but must be defined as such in writing to the employee. There shall be two (2) consecutive days off in a row for regular fulltime employees unless mutually agreed upon by both the employee and the supervisor.

 

5.1.1                    Meal Period - Employees scheduled to work at least a six (6) hour shift shall receive a meal period that shall normally commence no less than two (2) hours nor more than five (5) hours from the beginning of the employee's regular shift or when he/she is called in to work on his/her regular day off. The meal period shall be no less than one-half (1/2) hour nor more than one (1) hour in duration and shall be without compensation.

 

5.1.1.1              For a shift of six (6) hours, upon request of an employee and agreement by the supervisor, the shift may be scheduled without a meal period.

 

5.1.1.2              Should an employee be required to work through the scheduled meal period and unable to reschedule the meal period some other time during the shift, all hours worked shall be compensated. In no event will meal periods be scheduled at the end of a shift.

 

5.1.2                    Rest Breaks - Employees scheduled to work at least a seven (7) hour shift shall receive a fifteen (15) minute rest break during the first four (4) hour period of their workday and a second fifteen (15) minute rest break during the second four (4) hour period in their workday. Employees shall be compensated at their prevailing wage rate for time spent while on rest breaks.

 

5.1.2.1              Employees scheduled to work at least a four (4) hour, but less than seven (7) hour shift shall receive one fifteen (15) minute rest break during the shift if no meal period as provided for in 5.1.1 is scheduled to be taken.

 

5.1.3                    Where work conditions require continuous staffing throughout a work shift for seven (7) consecutive days or more, the City may, in lieu of the meal period and rest periods set forth within Sections 5.1.1 and 5.1.2, provide a working meal period and working rest periods during working hours without a loss in pay so that such periods do not interfere with ongoing work requirements.

 

5.2      Nothing herein shall be construed to guarantee any employee a number of hours of work.


5.3      Meal Reimbursement - When an employee is specifically directed by the City to work two (2) hours or longer at the end of his/her normal work shift of at least eight (8) hours, or work two (2) hours or longer at the end of his/her  work shift of at least eight (8) hours when he/she is called in to work on  his/her regular day off, or otherwise works under circumstances for which meal reimbursement is authorized per Ordinance 111768, and the employee actually purchases a reasonably priced meal away from his place of residence as a result of such additional hours of work, the employee shall be reimbursed for the "reasonable cost" of such meal in accordance with Seattle Municipal Code (SMC) 4.20.325. In order to receive reimbursement, the employee must furnish the City with a dated original itemized receipt from the establishment indicating the time of the meal no later than forty-eight (48) hours from the beginning of his/her next regular shift; otherwise, the  employee shall be paid a maximum of ten dollars ($10.00) in lieu of reimbursement for the meal.

 

5.3.1                    To receive reimbursement for a meal under this provision, the following rules shall be adhered to:

 

A.   Said meal must be eaten within two (2) hours after completion of the overtime work. Meals shall not be saved, consumed, and  claimed at  some later date.

 

B.   In determining "reasonable cost" the following shall also be considered:

 

1.      The time period during which the overtime is worked;

2.      The availability of reasonably priced eating establishments at that time.

 

C.   The City shall not reimburse for the cost of alcoholic beverages.

 

5.3.2                    In lieu of any meal compensation as set forth within this Section, the City  may, at its discretion, provide a meal.

 

5.3.3                    Meal reimbursement while on Travel Status - An employee shall be reimbursed for meals while on travel status at the federal per diem rate. An employee will not be required to submit receipts for meals and may retain any unspent portion of an advance cash allowance for meals.

 

5.4      Compensatory Time off in Lieu of Overtime Pay

 

A.   Compensation for overtime work, by mutual agreement of the department and the employee, may be in compensatory time off in an amount equal to one and one-half (1 1/2) times the number of hours worked.

 

B.   Earned compensatory time may be scheduled off by mutual agreement of the employee and his/her supervisor.


C.   The department will develop a policy to determine the maximum amount  of compensatory time that may be accumulated. Such policy may also set a date or time period by which compensatory time will be used and if not used that it will be paid for at the prescribed rate.

 

5.5      Notwithstanding the other Sections of this Article, the department may, following consultation and agreement with the Union, implement a four (4) day, forty (40) hour work week. It will be clearly established whether an alternative work schedule is applicable for a temporary employee.

 

5.5.1                    For employees who work a four (4) day, forty (40) hour work week or other alternative work schedule, the following shall apply:

 

If a holiday is observed on a Saturday or on a Friday that is the normal day off, the holiday will be taken on the last normal workday. If a holiday is observed on a Monday that is the normal day off or on a Sunday, the holiday will be taken on the next normal workday. This schedule will be followed unless the employee and his/her supervisor determine that some other day will be taken off for the holiday; provided, however, that in such case the holiday time must be used no later than the end of the following pay period. If the holiday falls on a Tuesday, Wednesday or Thursday that is the  employee's normal scheduled day off, the holiday must be scheduled off no later than the end of the following pay period.

 

5.5.2                    Employees, including those on alternate work schedules, shall receive eight           

(8) hours pay per holiday (except as identified in 6.1.2. and 6.2.

 

5.5.2.1              Employees working an alternate work schedule during a holiday work week are permitted to make scheduling or pay status adjustments as follows:

 

A.   Employees may revert back to a 5-day/40 hour work week, in which the holiday falls, if available.

 

B.   Employees may use vacation or compensatory time to supplement the 8- hour holiday pay to achieve full pay for the work week without making other scheduling adjustments, or at the employees’ discretion, to be unpaid.

 

C.   By mutual agreement, pre-arranged between the employee and his or her supervisor, employees may work beyond their normally scheduled workday hours to make up holiday hours. These holiday make-up hours will not be counted as overtime and must be worked during the work week in which the holiday fails. In the event that a request for a modified holiday work week schedule cannot be accommodated, such denial shall not be arbitrary or capricious.


NOTE: Past practice with regard to holiday pay for employees on alternate work assignments consistent with the 1991 directive on holiday pay will continue.

 

5.6      Work Outside of Classification - Work out of class is a management tool, the purpose of which is to complete essential public services whenever an employee is assigned by proper authority to perform the normal, ongoing duties of and accept responsibility of a position. When the duties of  the  higher paid position are clearly outside the scope of an employee's regular classification for a period of three (3) consecutively scheduled work hours or longer, he/she shall be paid at the out-of-class salary rate while performing such duties and accepting such responsibility. The out-of-class rate shall be determined in the same manner as for a promotion. "Proper authority" shall  be a supervisory employee in the line of organization least at the level of Recreation Coordinator, manager, or director directly above the position that is being filled out of class who has budget management authority of the work unit. The City shall have the sole authority to direct its supervisors as to when to assign employees to a higher classification. Employees must meet the minimum qualifications of the higher class and must have demonstrated or be able to demonstrate their ability to perform the duties of the class. (If an employee is mistakenly assigned out-of-class who does not meet the above qualifications, the City will stop the practice immediately once discovered and will see that the out-of-class is paid for work already performed.) The  City may work employees out of class across bargaining unit jurisdictions for a period not to exceed six (6) continuous months for any position. The six (6) month period may be exceeded under the following circumstances: (1) when  a hiring freeze exists and vacancies cannot be filled; (2) extended industrial or off-the-job injury or disability; (3) when a position is scheduled for abrogation; or (4) a position is encumbered (an assignment in lieu of layoff). When such circumstances require that an out-of-class assignment be extended beyond six (6) months for any position, the City shall notify the Union that represents the employee who is so assigned and/or the body of work that is being performed on an out-of-class basis. After nine (9) months, the Union that represents the body of work being performed out of class must concur with any additional extension of the assignment. The Union that represents the body of work will consider all requests on a good-faith basis.

 

5.6.1                    The practice of no out-of-class pay for paid leave will continue except that any sick leave taken in lieu of working a scheduled out-of-class assignment must be paid at the same rate as the out-of-class assignment. Such paid sick leave shall count towards salary step placement for the out-of-class assignment or in the event of a regular appointment to the out-of-class title within 12 months of the out-of-class assignment.

 

5.6.2                    Effective January 06, 1999, Recreation Attendants, when assigned the monitoring of facilities in the absence of a higher-level supervisor for three (3)


consecutive hours or more shall be paid an additional hourly premium pay of one dollar ($1.00) per hour while so assigned.

 

5.6.3                    An employee may be temporarily assigned to perform the duties of a lower classification without a reduction in pay. When employees voluntarily apply  for and voluntarily accept a position in a lower-level classification, they shall receive the salary rate for the lower class, which, without increase, is nearest to the salary rate to which such employee was entitled in the higher class. For such temporary period, the employee shall continue to pay dues to the Union of the higher class. The overtime provisions applicable are those of the contract covering the bargaining unit position the employee previously or normally holds. At management’s discretion, an employee may be temporarily assigned the duties of a lower-level class or the duties of a class with the same pay rate range as his/her primary class, across Union jurisdictional  lines, with no change to his or her regular pay rate. Out-of-class provisions related to threshold for payment, salary step placement, service credit for salary step placement, and payment for absences do not apply in these instances.

 

5.6.4                    Out-of-class work shall be formally assigned in advance of the out-of-class opportunity created in normal operating conditions. Where the work is not authorized in advance, it is the responsibility of the proper authority to determine immediately how to accomplish the duties that would otherwise constitute an out-of-class assignment. Any employee may request that this determination be made. The employee will not carry out any duty of the higher-level position when such duty is not also a duty of his or her own classification, if the employee is not formally assigned to perform the duties  on an out-of-class basis.

 

5.6.5                    No employee may assume the duties of the higher-paid position without being formally assigned to do so except in a bona fide emergency. When an employee has assumed an out-of-class role in a bona fide emergency, the individual may apply to his or her department director for retroactive payment of out-of-class pay. The decision of the department director as to whether the duties were performed and whether performance thereof was appropriate  shall be final.

 

5.6.6                    The department shall make a reasonable effort to accommodate employees who have an off-the-job injury or illness with light-duty work if such work is available.

 

5.6.7                    An employee who is temporarily unable to perform the regular duties  of his/her classification due to an off-the-job injury or illness may opt to perform work within a lower-paying classification dependent upon the availability of such work and subject to the approval of the City. The involved employee  shall receive the salary rate for the lower class, which, without increase, is


nearest to the salary rate to which such employee was entitled in the higher class.

 

5.7      A regular employee who is scheduled to work not less than four (4) hours of his/her regular work shift during the evening (swing) shift or night (graveyard) shift, shall receive the following shift premiums for all scheduled hours worked during such shift:

Swing Shift

Graveyard Shift

$0.65 per hour

$0.90 per hour

 

5.7.1                    Effective December 30, 2015, a regular employee who is scheduled to work not less than four (4) hours of his/her regular work shift during the evening (swing) shift or night (graveyard) shift, shall receive the following shift premiums for all scheduled hours worked during such shift:

 

Swing Shift

Graveyard Shift

$0.75 per hour

$1.00 per hour

 

5.7.2                    The above swing shift differential shall be due for a ten-hour shift beginning at 2:00 p.m., or later.

 

5.7.31   The above shift premium shall apply to time worked as opposed to time off    with pay; and therefore, for example, the premium shall not apply to sick leave, vacation, holiday pay, funeral leave, or other paid leave benefit. Employees who work one of the shifts for which a premium is paid and who are required to work overtime, shall have the shift premium included as part of the base hourly rate for purposes of computing the overtime rate pursuant to the requirements of the Fair Labor Standards Act.

 

5.7.42 The swing shift period shall encompass the hours from 4:00 p.m. to midnight.  The graveyard shift period shall encompass the hours from midnight to 8:00 a.m.

 

5.8      Stand-by Time for Overnights - Upon management approval when staff members show up to go on an overnight, they will get paid either regular time, overtime or standby pay excluding meal breaks until they leave to go home after the program ends. Each employee will review each program with their Supervisor to agree on pay parameters and discuss them prior to the overnight event.

 

5.8.1                    Employees working overnights should be given breakfast, lunch, and dinner breaks, up to one hour each in length.

5.8.2                    Employees who are placed on Standby Duty by the City shall be paid at the rate of ten percent (10%) of the employee’s straight-time hourly rate of pay.


ARTICLE 6  -- HOLIDAYS

 

6.1                          The following days, or days in lieu thereof, shall be recognized as paid holidays:

 

New Year's Day                               January 1

Martin Luther King, Jr.'s Birthday 3rd Monday in January Presidents’ Day                                                     3rd Monday in February

Memorial Day                                         Last Monday in May

Independence Day                                July 4

Labor Day                                                1st Monday in September

Veterans' Day                                         November 11

Thanksgiving Day                                 4th Thursday in November Day after Thanksgiving Day                                 Day after Thanksgiving Day Christmas Day                                                           December 25

 

Two Personal Holidays (0-9 years of service (1-18,720 hours)).

Four Personal Holidays (after completion of 9 years of service (18,721 hours)).

 

6.1.1                   Employees who have either:

 

A.   completed eighteen thousand seven hundred and twenty (18,720) hours  or more on regular pay status or

 

B.   are accruing vacation at a rate of .0615  or greater

 

on or before December 31st of the current year shall receive an additional two

(2) personal holidays for a total of four (4) personal holidays to be added to their leave balance on the pay date of the first full pay period in January of the following year.

 

6.1.2                    Whenever any paid holiday falls upon a Sunday, the following Monday shall be recognized as the paid holiday. Whenever any paid holiday falls upon a Saturday, the preceding Friday shall be recognized as the paid holiday; provided, however, paid holidays falling on Saturday or Sunday shall be recognized and paid pursuant to Section 6.4 on those actual days (Saturday or Sunday) for employees who are regularly scheduled to work those days. Payment pursuant to Section 6.4 shall be made only once per affected employee for any one holiday.

 

6.1.3                    A permanent part-time employee shall receive paid holiday time off (or paid time off in lieu thereof) based upon straight-time hours compensated during the pay period immediately prior to the pay period in which the holiday falls. The amount of paid holiday time off for which the part-time employee is eligible  shall be  in proportion  to  the  holiday time  off  provided for   full-time


employees. For example, a full-time employee working eighty (80) hours per pay period would be eligible for eight (8) hours’ off with pay on a holiday,  while a part-time employee who works forty (40) hours during the pay period preceding the holiday would be eligible for four (4) hours’ off with pay.

 

6.2                          To qualify for holiday pay, City employees shall have been on pay status their normal workday before or their normal workday following the holiday; provided, however, employees returning from non-pay leave who start work the day after a holiday shall not be entitled to pay for the holiday preceding their first day of work.

 

6.3.   The Personal Holiday shall be used during the calendar year as a regular    holiday. Use of the Personal Holiday shall be requested in advance. When  the Personal Holiday has been approved in advance and is later canceled by the City with less than a thirty (30) day advance notice, the employee shall have the option of rescheduling the day or receiving holiday premium pay pursuant to Section 6.4 for all time worked on the originally scheduled Personal Holiday.

 

6.4      An employee who has been given at least forty-eight (48) hours’ advance notice and who is required to work on a holiday shall be paid for the holiday at his/her regular straight-time hourly rate of pay and, in addition, he/she shall receive one and one-half (1 1/2) times his/her regular straight-time hourly rate of pay for those hours worked on the holiday; or by mutual agreement between the affected employee and the City, the employee may receive one and one-half (1 1/2) times those hours worked in the form of compensatory time off to be taken at another mutually agreed upon date.

 

6.5      In the event an employee is required to work without having been given at least a forty-eight (48) hours’ advance notification on a holiday he/she normally would have off with pay, said employee shall be paid for the holiday at his/her regular straight-time hourly rate of pay and, in addition, he/she shall receive two (2) times his/her regular straight-time hourly rate of pay for those hours worked on the holiday; or by mutual agreement between the affected employee and the department, the employee may receive two (2) times those hours worked in the form of compensatory time off to be taken at another mutually agreed upon date.


ARTICLE 7  --  ANNUAL VACATIONS

 

7.1                          Annual vacations with pay shall be granted to eligible employees computed at the rate shown in Section 7.3 for each hour on regular pay status as shown  on the payroll, but not to exceed eighty (80) hours per pay period.

 

7.2                          "Regular pay status" is defined as regular straight-time hours of work plus paid time off such as vacation time, holiday time off, compensatory time, and sick leave. At the discretion of the City, up to one hundred sixty (160) hours per calendar year of unpaid leave of absence may be included as service for purposes of accruing vacation. Time lost by reasons of disability for which an employee is compensated by Industrial Insurance or Charter Disability provisions shall not be considered absence. An employee who returns after layoff shall be given credit for such prior service.

 

7.3                          The vacation accrual rate shall be determined in accordance with the rates  set forth in Column No. 1. Column No. 2 depicts the corresponding equivalent annual vacation for a regular full-time employee. Column No. 3 depicts the maximum number of vacation hours that can be accrued and accumulated by an employee at any time.

 

           COLUMN NO. 1                                  COLUMN NO. 2                           COLUMN NO. 3 ACCRUAL RATE                                             EQUIVALENT ANNUAL                              MAXIMUM

VACATION                                     VACATION

Hours on               Vacation                FOR FULL-TIME EMPLOYEE               BALANCE     Regular                             Earned             Years of   Working Days  Working Hours

Pay Status             Per Hour          Service        Per Year           Per Year                            Maximum Hours

 

0 through 08320 .......0460              0 through 4 . 12                  (96)                           192

08321 through 18720.0577              5 through 9 . 15                (120)                           240

18721 through 29120.0615            10 through 1416                 (128)                           256

29121 through 39520.0692            15 through 1918                 (144)                           288

39521 through 41600.0769            20 ................. 20               (160)                           320

41601 through 43680.0807            21 ................. 21               (168)                           336

43681 through 45760.0846            22 ................. 22               (176)                           352

45761 through 47840.0885            23 ................. 23               (184)                           368

47841 through 49920.0923            24 ................. 24               (192)                           384

49921 through 52000.0961            25 ................. 25               (200)                           400

52001 through 54080.1000            26 ................. 26               (208)                           416

54081 through 56160.1038            27 ................. 27               (216)                           432

56161 through 58240.1076            28 ................. 28               (224)                           448

58241 through 60320.1115            29 ................. 29               (232)                           464

60321 and over ........1153            30 ................. 30               (240)                           480

7.4                          An employee who is eligible for vacation benefits shall accrue vacation from the date of entering City service or the date upon which he/she becomes eligible and may accumulate a vacation balance which shall never exceed at any time two (2) times the number of annual vacation hours for which the employee is currently eligible. Accrual and accumulation of vacation time shall


cease at the time an employee's vacation balance reaches the maximum balance allowed and shall not resume until the employee's vacation balance is below the maximum allowed.

 

7.5                          Employees may, with department approval, use accumulated vacation with pay after completing one thousand forty (1,040) hours on regular pay status.

 

7.6                          In the event that the City cancels an employee's already scheduled and approved vacation, leaving no time to reschedule such vacation before the employee's maximum balance will be reached, the employee's vacation balance will be permitted to exceed the allowable maximum and the employee shall continue to accrue vacation for a period of up to three (3) months if such exception is approved by both the department head and the PersonnelSeattle Human Resources Director in order to allow rescheduling of the employee's vacation. In such cases the department head shall provide  the PersonnelSeattle Human Resources Director with the circumstances and reasons leading to the need for such an extension.  No extension of this  grace period shall be allowed.

 

7.7                          The minimum vacation allowance to be taken by an employee shall be one-half (1/2) of a day, or at the discretion of the department head, such lesser amount as may be approved by the department head.

 

7.8                          An employee who separates from City service for any reason after more than six (6) months' service shall be paid in a lump-sum for any unused vacation he/she has accrued.

 

7.9                          Upon the death of an employee in active service, pay shall be allowed for any vacation earned and not taken prior to the death of such employee.

 

7.10                      Where an employee has exhausted his/her sick leave balance, the employee may use vacation for further leave for medical reasons subject to verification by the employee’s medical care provider. Employees who are called to active military service or who respond to requests for assistance from Federal Emergency Management Agency (FEMA) may, at their option, use accrued vacation in conjunction with a leave of absence.

 

7.11                      The department head shall arrange vacation time for employees on such schedules as will least interfere with the functions of the department, but  which accommodate the desires of the employee to the greatest degree feasible.


ARTICLE 8  --  SICK LEAVE, FUNERAL LEAVE, AND EMERGENCY LEAVE

 

8.1                          Sick Leave - Regular employees shall accumulate sick leave credit at the rate of .046 hours for each hour on regular pay status as shown on the payroll, but not more than forty (40) hours per week. New employees entering  City service shall not be entitled to sick leave with pay during the first thirty (30) days of employment but shall accumulate sick leave credits during such thirty

(30) day period.  Sick leave credit may be used for bona fide cases of:

 

A.   Illness or injury that prevents the employee from performing his/her  regular duties;

 

B.   Disability of the employee due to pregnancy and/or childbirth;

 

C.   Medical or dental appointments for the employee;

 

D.   Care of family members as required of the City by state law and/or as defined and provided for by City of Seattle ordinance, which may be repealed in whole or in part by an initiative, in which case the parties shall renegotiate this provision in accordance with the terms of Article 21.

 

E.   Employee absence from a worksite that has been closed by order of a public official to limit exposure to an infectious agent, biological toxin, or                             hazardous material.

 

F.    Employee absence from work to care for a child whose school or place of  care has been closed by order of a public official to limit exposure to an                           infectious agent, biological toxin, or hazardous material.

 

G.   Eligible reasons related to domestic violence, sexual assault, or stalking   as set out in RCW 49.76.030.

 

8.1.1                    Abuse of sick leave shall be grounds for suspension or dismissal.

 

8.1.2                    Unlimited sick leave credit may be accumulated.

 

8.1.3                    Upon retirement, twenty-five percent (25%) of an employee's unused sick leave credit accumulation can be applied to the payment of health care premiums or to a cash payment at the straight-time rate of pay of such employee in effect on the day prior to his retirement.

 

8.1.3.1     Cash payments of unused sick leave may be deferred for a period of one (1) year or less, providing the employee notifies the his/her Department  Personnel Human Resources Office of his/her desires at the time of retirement. Request for deferred cash payments of unused sick leave shall be made in writing.


8.1.4                    Upon the death of an employee, either by accident or natural causes, twenty-five percent (25%) of such employee's accumulated sick leave credits shall be paid to his/her designated beneficiary.

 

8.1.5                    Change in position or transfer to another City department shall not result in a loss of accumulated sick leave. An employee reinstated or reemployed within one (1) year in the same or another department after termination of service, except after dismissal for cause, resignation, or quitting, shall be credited with all unused sick leave accumulated prior to such termination.

 

8.1.6                    Compensation for the first four (4) consecutive workdays of absence shall be paid upon approval of the PersonnelSeattle Human Resources Director or his/her designee. In order to receive compensation for such absence, employees shall make themselves available for such  reasonable investigation, medical or otherwise, as the PersonnelSeattle Human Resources Director or his/her designee shall see fit to have made.

 

8.1.6.1     Compensation for such absences beyond four (4) continuous days shall be paid only after approval of the PersonnelSeattle Human Resources Director  or his designee of a request from the employee supported by a report of the employee's physician. The employee shall provide himself/herself with such medical treatment or take such other reasonable precautions as necessary to hasten recovery and provide for an early return to duty.

 

8.1.6.2     Upon request by the employing unit, an employee shall provide          

 documentation verifying cancellation of his or her child’s school, day care, or              other childcare service or program for sick leave use greater than four days           for reasons authorized in Article 8.1.F of this Agreement.

 

8.1.6.3     An employing authority may also require that a request for paid sick leave to  cover absences greater than four days for reasons set forth under Article           8.1.G of this Agreement be supported by verification that the employee or                     

 employee’s family member is a victim of domestic violence, sexual assault, or stalking, and that the leave taken was for a reason eligible as set out in RCW                         49.76.030. An employee may satisfy such request by providing                           documentation as set out in RCW 49.76.040(4).

 

8.1.7                    Conditions Not Covered - Employees shall not be eligible for sick leave when:

 

A.   Suspended or on leave without pay and when laid off or on other non-pay status;

 

B.   Off work on a holiday;

 

C.   This provision shall not prevent the taking of sick leave by an employee who       is           receiving          treatment    for    alcoholism   or    drug     addiction   as


recommended by a physician, psychiatrist, certified social worker, or other qualified professional;

 

D.   An employee works during his free time for an employer other than  the City of Seattle and his/her illness or disability arises therefrom.

 

8.1.8                    Prerequisites for Payment - The following applicable requirements shall be fulfilled in order to establish an employee's eligibility for sick leave benefits.

 

8.1.8.1     Prompt Notification - The employee shall promptly notify the immediate supervisor, by telephone or otherwise, on the first day off due to illness and each day thereafter unless advised otherwise by the immediate supervisor. For those absences of more than one day, notification on his/her first day off with an expected date of return shall suffice. The employee shall notify the immediate supervisor as far as possible in advance of the scheduled time to report for work, particularly where a relief replacement is necessary when the employee is absent.

 

8.1.8.2     Notification While on Paid Vacation or Compensatory Time Off - If an employee is injured or is taken ill while on paid vacation or compensatory time off, he/she shall notify his/her department on the first day of disability, however, if it is physically impossible to give the required notice on the first day, notice shall be sent as soon as possible and shall be accompanied by an acceptable showing of reasons for the delay. A doctor's statement or other acceptable proof of illness or disability, while on vacation or compensatory time off, must be presented regardless of the number of days involved.

 

8.1.8.3     Filing Application - Unless there are extenuating circumstances, the employee shall submit the required application for sick leave pay within sixteen (16) working hours after his/her return to duty. However, if he/she is absent because of illness or injury for more than eighty (80) working hours, he/she shall then file an application for an indefinite period of time. The necessary forms shall be available to the employee through his/her department supervisor.

 

8.1.8.34 Claims to Be in 15 Minute Increments - Sick leave shall be claimed in 15  minute increments to the nearest full 15 minute increment, a fraction of less than 8 minutes being disregarded. Separate portions of an absence interrupted by a return to work shall be claimed on separate application forms.

 

8.1.8.45 Limitations of Claims - All sick leave claims shall be limited to the actual  amount of time lost due to illness or disability. The total amount of sick leave claimed in any pay period by an employee shall not exceed the employee's sick leave accumulation as shown on the payroll for the pay period immediately preceding his/her illness or disability. It is the responsibility of his/her  department  to   verify  that   sick   leave   accounts  have  not     been


overdrawn; and if a claim exceeds the number of hours an employee has to his/her credit, the department shall correct his/her application.

 

8.1.8.56    Rate of Pay for Sick Leave Used - An employee who uses paid sick leave      shall be compensated at the rate of pay he or she would have earned had he       or she worked as scheduled, with the exception of overtime (See Article                                8.1.8.6).  For example, an employee who misses a scheduled night shift                        associated with a graveyard premium pay would receive the premium for                                  those hours missed due to sick leave. (See also Articles 5.8 and 5.9.1 for sick leave use and rate of pay for out-of-class assignments and standby duties.)

 

8.1.8.6           Rate of Pay for Sick Leave Used to Cover Missed Overtime - An employee   may use paid leave for scheduled mandatory overtime shifts missed due to                    eligible sick leave reasons. Payment for the missed shifts shall be at the                                straight-time rate of pay the employee would have earned had he or she                                   worked. An employee may not use paid sick leave for missed voluntary                      overtime shifts, which is scheduled work that the employee elected or agreed                   to add to his or her schedule.

 

8.1.8.7              Sick Leave Transfer Program - Employees shall be afforded the option to transfer and/or receive sick leave in accordance with the terms and conditions of the City's Sick Leave Transfer Program as established and set forth by City Ordinance. All benefits and/or rights existing under such program may be amended and/or terminated at any time as may be determined appropriate by the City. All terms, conditions, and/or benefits of such program shall not be subject to the grievance procedure.

 

8.2      Bereavement/Funeral Leave - Regular employees shall be allowed one (1) day off without salary deduction for bereavement purposes in the event of the death of any close relative; provided, however, where attendance at a funeral requires total travel of two hundred (200) miles or more, one (1) additional  day with pay shall be allowed; provided, further, the department head may, when circumstances require and upon application stating the reasons therefore, authorize for such purpose not to exceed an additional four (4)  days chargeable to the sick leave account of the employee, but no combination of paid absence under this Section shall exceed five (5) days for any one (1) period of absence. In like circumstances and upon like  application, the department head may authorize for the purpose of attending the funeral of a relative other than a close relative, a number of days off work not to exceed five (5) days chargeable to the sick leave account of an employee. For purposes of this Section, the term “close relative” shall mean the spouse or domestic partner, child, mother, stepmother, father, stepfather, brother, sister, grandchild, grandfather, or grandmother of the employee or spouse or domestic partner; and the term “relative other than a close relative” shall mean the uncle, aunt, cousin, niece, nephew, or the spouse or domestic


partner of the brother, sister, child, or grandchild of the employee or spouse  or domestic partner.

 

8.2.1  Bereavement/Funeral  leave  may  be  allowed  for  bereavement   purposes and/or attendance at the funeral of any other relative as allowed by City Ordinance 114648. Such relatives shall be determined as close relatives or relatives other than close relatives pursuant to the terms of Ordinance 114648 for purposes of determining the extent of bereavement/funeral leave or sick leave allowable as provided for in Section 8.2. In the  event  Ordinance 114648 is repealed in whole or in part by an initiative, the parties shall renegotiate this provision in accordance with the terms of Article 21.

 

8.3      Emergency Leave - One (1) day or portion thereof per Agreement  year without loss of pay may be taken off subject to approval of the employee's supervisor and/or department head when it is necessary that the employee be immediately off work to attend to one of the following situations either of  which necessitates immediate action on the part of the employee:

 

A.   The employee's spouse, child, parent, or domestic partner has unexpectedly become seriously ill or has had a serious accident; or

 

B.   An unforeseen occurrence with respect to the employee's household (e.g., fire or flood, or ongoing loss of power). "Household" shall be defined as  the physical aspects of the employee's residence.

 

The "day" shall be no more than the equivalent of the number of hours the employee is scheduled to work that day but in no event more than eight (8) hours.

 

8.4      Paid Parental Leave - Employees who meet the eligibility requirements of the

 Seattle Municipal Code Chapter 4.27, “Paid Parental Leave,” may take leave for bonding with their new child.

 

8.5      Paid Leave for 2010 Furloughs - Employees who furloughed in 2010 shall receive the same number of leave hours taken in 2010 and those hours will  be split equally to be used in 2016 and 2017. In no case shall employees receive more than eighty (80) hours leave. Employees shall take the leave provided under this paragraph in full-day increments to the extent possible and the hours will not carry over to the following year. Employee must be in regular or benefit eligible temporary status in order to receive this benefit. In the case that the employee did not take furlough days in 2010 because    they

 had planned to retire, and then elected not to retire and subsequently “paid” for those furlough days, they will be compensated with the same leave.


ARTICLE 9  --  INDUSTRIAL INJURY OR ILLNESS

 

9.1      Any employee who is disabled in the discharge of his/her duties and if such disablement results in absence from his/her regular duties, shall be compensated, except as otherwise hereinafter provided, in the amount of eighty percent (80%) of the employee's normal hourly rate of pay, not to exceed two hundred sixty-one (261) regularly scheduled workdays counted from the first regularly scheduled workday after the day of the on-the-job injury; provided the disability sustained must qualify the employee for benefits under State Industrial Insurance and Medical Aid Acts.

 

9.1.1                    Whenever an employee is injured on the job and compelled to seek immediate medical treatment, the employee shall be compensated in full for the remaining part of the day of injury without effect to his/her sick leave or vacation or other paid leave account. Scheduled workdays falling within only the first three (3) calendar days following the day of injury shall be compensated through accrued sick leave. Any earned vacation or other paid leave may be used in a like manner after sick leave is exhausted, provided that, if neither accrued sick leave nor accrued vacation or other paid leave is available, the employee shall be placed on no-pay status for these three (3) days. If the period of disability equals or extends beyond fourteen (14) calendar days, then (1) any accrued sick leave, vacation, or other paid leave utilized due to absence from his/her regular duties as provided for in this Section shall be reinstated and the employee shall be paid in accordance with Section 9.1, which provides payment at the eighty percent (80%) rate; or (2) if no sick leave vacation, or other paid leave was available to the employee at that time, then the employee shall thereafter be compensated for the three (3) calendar days at the eighty percent (80%) compensation rate described in Section 9.1.

 

9.1.2                    Such compensation shall be authorized by the PersonnelSeattle Human Resources Director or his/her designee with the advice of such employee's department head on request from the employee supported by satisfactory evidence of medical treatment of the illness or injury giving rise to such employee's claim for compensation under SMC 4.44, as now or hereinafter amended.

 

9.1.3                    In no circumstances will the amount paid under these provisions exceed an employee’s gross pay minus mandatory deductions (taxes, retirement). This provision shall become effective when SMC 4.44, Disability Compensation, is revised to incorporate this limit.

 

9.1.4                    Employees must meet the standards listed in SMC 4.44.020 to be eligible for the benefit amount provided herein that exceeds the rate required to be paid by state law, hereinafter referred to as supplemental benefits. These standards require that employees: (1) comply with all Department of Labor


and Industries rules and regulations and related City of Seattle and employing department policies and procedures; (2) respond, be available for, and attend medical appointments and treatments and meetings related to rehabilitation, and work hardening, conditioning, or other treatment arranged by the City and authorized by the attending physician; (3) accept modified or alternative duty assigned by supervisors when released to perform such duty by the attending physician; (4) attend all meetings scheduled by the City of Seattle Workers’ Compensation unit or employing department concerning the employee’s status or claim when properly notified at least five (5) working days in advance of such meeting unless other medical treatment conflicts with the meeting and the employee provides twenty-four (24) hours’ notice of such meeting or examination.

 

9.1.4.1 The City will provide a copy of the eligibility requirements to employees when they file a workers’ compensation claim. If records indicate two (2) no-shows, supplemental benefits may be terminated no sooner than seven (7) calendar days after notification to the employee.

 

9.2      Compensation for holidays and earned vacation falling within a period of absence due to such disability shall be at the normal rate of pay, but such days shall not be considered as regularly scheduled workdays as applied to the time limitations set forth within Section 9.1. Disabled employees affected by the provisions of SMC 4.44 shall continue to accrue vacation and sick leave as though actively employed during the period set forth within Section 9.1.

 

9.3      Any employee eligible for the benefits provided by SMC 4.44 whose disability prevents him/her from performing his/her regular duties, but in the judgment  of his/her physician could perform duties of a less strenuous nature, shall be employed at his/her normal rate of pay in such other suitable duties as the department head shall direct, with the approval of such employee's physician until the PersonnelSeattle Human Resources Director requests closure of such employee's claim pursuant to SMC 44, as now or hereinafter amended.

 

9.4      Sick leave shall not be used for any disability herein described except as allowed in Section 9.1.