AN ORDINANCE authorizing execution of a Collective Bargaining Agreement between the City of Seattle and Seattle Municipal Court Marshals' Guild, effective through December 31, 2001, and a Memorandum of Understanding effective through November 23, 1999, authorizing a one-time-only, lump-sum payment; and providing payment therefor.

WHEREAS, On September 23, 1998, the Seattle Municipal Court Marshals' Guild was certified as the exclusive bargaining representative of all Court Marshals and Senior Court Marshals; and

WHEREAS, said employees continued to work after September 23, 1998, on condition that the subject of their wages was and continued to be negotiated during collective bargaining; and

WHEREAS, collective bargaining has led to an agreement concerning wages and certain other conditions of employment between the City and the Seattle Municipal Court Marshals' Guild;

NOW THEREFOR,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 2000, and signed by me in open session in authentication of its passage this _____ day of _______________, 2000. ___________________________________ President of the City Council

Approved by me this _____ day of _______________, 2000.

___________________________________ Paul Schell, Mayor

Filed by me this _____ day of _______________, 19____.

___________________________________

City Clerk

(SEAL)

Norma McKinney/Kim Latham

g:

1/19/2000

V #1

Attachment:

MEMORANDUM OF UNDERSTANDING

By and between

THE CITY OF SEATTLE

And

SEATTLE MUNICIPAL COURT MARSHALS' GUILD

The parties of this Memorandum of Understanding, City of Seattle, hereinafter "City," and the Seattle Municipal Court Marshals' Guild, hereinafter "Guild," have reached the following agreement regarding the payment of a lump sum to Municipal Court Marshals and Senior Municipal Court Marshals in the bargaining unit represented by the Guild.

As part of the contract settlement between the parties, Municipal Court Marshals and Senior Municipal Court Marshals will be entitled to receive payment of a lump sum. The lump sum amount will equal a pay differential between the 1997 pay rates for salary range 28.0A (Municipal Court Marshals) and salary ranges 29.5A and 31.0A (Senior Municipal Court Marshals), which the bargaining unit members were receiving, and the rates that were in effect for the salary ranges for 1998 and 1999. Benny Bridges' lump sum payment will be based on salary range 29.5A, and he will be placed at step 4 of salary range 31.0A on January 5, 2000. Steve Williams' lump sum payment will be based on salary range 31.0A.

Effective November 24, 1999, increased salaries will be paid as set forth in the Collective Bargaining Agreement being legislated simultaneously with this Memorandum of Understanding.

Signed this ________ day of ____________________, 2000.

SEATTLE MUNICIPAL COURT MARSHALS' GUILD

By ____________________________

President

CITY OF SEATTLE

Executed under authority of

Ordinance _____________.

By ____________________________

Mayor

AGREEMENT by and between THE CITY OF SEATTLE / MUNICIPAL COURT and SEATTLE MUNICIPAL COURT MARSHALS' GUILD

Effective through December 31, 2001

TABLE OF CONTENTS

ARTICLE PAGE NUMBER

PREAMBLE 2

1 NON-DISCRIMINATION 3 2 RECOGNITION AND BARGAINING UNIT 4 3 RIGHTS OF MANAGEMENT 8 4 GUILD DUES AND MEMBERSHIP 10 5 GRIEVANCE PROCEDURE 11 6 WORK STOPPAGES 16 7 CLASSIFICATION AND RATES OF PAY 17 8 WORK OUTSIDE OF CLASSIFICATION 19 9 ANNUAL VACATION 21 10 HOLIDAYS 23 11 LEAVES 25 12 HEALTHCARE 31 13 RETIREMENT 34 14 HOURS OF WORK AND OVERTIME 35 15 GENERAL CONDITIONS 37 16 SUBORDINATION OF AGREEMENT 39 17 SAVINGS CLAUSE 40 18 ENTIRE AGREEMENT 41 19 TERM OF AGREEMENT 42

APPENDIX A 43

AGREEMENT by and between THE CITY OF SEATTLE / MUNICIPAL COURT

and

SEATTLE MUNICIPAL COURT MARSHALS' GUILD

PREAMBLE

THIS AGREEMENT is between the CITY OF SEATTLE/MUNICIPAL COURT (hereinafter called the Employer) and SEATTLE MUNICIPAL COURT MARSHALS' GUILD (hereinafter called the Guild) for the purpose of setting forth the mutual understanding of the parties regarding wages and other conditions of employment of those employees in classifications for whom the Employer has recognized the Guild as the exclusive collective bargaining representative.

ARTICLE 1 - NON-DISCRIMINATION

1.1 Neither the Employer nor the Guild will unlawfully discriminate against any employees with respect to compensation or terms and conditions of employment because of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, Association membership, or the presence of any disability, unless based on a bona fide occupational qualification reasonably necessary to the normal performance of duties.

ARTICLE 2 - RECOGNITION AND BARGAINING UNIT

2.1 The Employer recognizes the Guild as the exclusive collective bargaining representative of the collective bargaining unit described in decisions(s) emanating from Washington State Public Employment Relations Commission Case No. 14080-E-98-02353. The final decision from the Commission shall be binding upon the parties.

2.2 It is fully understood by both parties that in reaching this Agreement neither party has waived its arguments before the Public Employment Relations Commission relative to the inclusion or exclusion of certain classifications or positions within the bargaining unit petitioned for under PERC Case No. 14080-E-98-02353.

2.3 It is understood that neither party will use this Agreement in any way or in any proceedings to corroborate its position relative to the aforementioned PERC case. Both parties agree that this Agreement sets no precedent for purposes of determining the scope of the bargaining unit being contested under PERC Case No. 14080-E-98-02353.

2.4 Temporary employees shall be exempt from all provisions of this Agreement except this Section; Article 4; Section 14.2; and Article 5, 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.

2.4.1 Temporary employees 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.

2.4.2 Premiums Applicable Only To City Of Seattle Temporary Employees 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:

0001st hour through 0520th hour 5% premium pay

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

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.)

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.)

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

2.4.2.1 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 2.4.8. 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.

2.4.2.2 The premium pay in Section 2.4.2 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.

2.4.3 Temporary Employee Medical and Dental Eligibility Once a temporary employee has worked at least one thousand forty (1040) cumulative non-overtime hours and at least eight hundred (800) nonovertime hours or more in the previous twelve (12) months, he/she may within ninety (90) calendar days thereafter elect to participate in the City's medical and dental 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 and dental coverage and shall not be able to participate again while employed by the City as temporary. If a temporary employee's hours of work are insufficient for his/her 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.

2.4.4 Temporary Employee Holiday Work Premium Pay 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 onehalf (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.

2.4.5 A temporary employee who is scheduled to work regularly or on and off throughout the year and who has worked two thousand eighty (2080) cumulative non-overtime hours without a voluntary break in service and who has also worked eight hundred (800) non-overtime hours or more in the previous twelve (12) months, may request an unpaid leave of absence not to exceed the amount of vacation time he/she would have earned in the previous year if he/she had not received vacation premium pay in lieu of annual paid vacation. Where such requests are made, the timing and scheduling of such unpaid leaves must be agreeable to the employing department. The leave shall be handled in a manner similar to the scheduling of vacation for regular employees. This provision shall not be applicable in cases where a temporary employee accrues vacation time rather than premium pay as set forth within Section 2.4.7.

2.4.6 Premium pay set forth within Section 2.4.2 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 2.4.2.2, 2.4.3, and 2.4.4.

2.4.7 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 2.4.2 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 2.4.2 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 2.4.2 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 2.4.2 where it has already been doing so and it may in such cases reduce the minimum paid to the affected employees by the applicable percentage.

2.4.8 The premium pay provisions set forth within Section 2.4.2 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 year (12 months or 26 pay periods), it shall be presumed that the employees break in service was voluntary.

2.4.9 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 permanent 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 2.4.2 or solely to avoid considering creation of permanent positions.

2.4.10 A temporary employee who has worked in excess of five hundred twenty (520) regular hours and who is appointed to a budgeted 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) and eligibility for medical and dental benefits under Article 12.

ARTICLE 3 - RIGHTS OF MANAGEMENT

3.1 The management of the Seattle Municipal Court and the direction of the work force are vested exclusively in the Employer, except as may be limited by an express provision of this Agreement.

3.2 Except where limited by an express provision of this Agreement, the Employer reserves the right to manage and operate the Municipal Court at its discretion. A nonexclusive listing or examples of such rights include the right:

A. To recruit, hire, assign, transfer, promote, discipline, or discharge employees;

B. To determine the methods, processes, means and personnel necessary for providing services of the Municipal Court, including the increase or diminution or change of operations, the introduction of any new, improved, automated methods or equipment, the assignment of employees to specific jobs, the determination of job content and/or job duties, and the combination or consolidation of jobs;

C. The right to set standards of work performance and to evaluate performance;

D. To determine hours of work, work schedules and the location of work assignments and offices;

E. The City will make every effort to utilize its employees to perform all work, but the City reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the City work force, or (2) the contract will result in cost savings to the City, or (3) the occurrence of peak loads above the work force capability.

Determination as to (1), (2), or (3) above shall be made by the Municipal Court Administrator, and the determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the Municipal Court Administrator to contract out work under this provision, the Guild shall be notified. The Municipal Court Administrator shall make available to the Guild upon request (1) a description of the services to be so performed, and (2) the detailed factual basis.

The Guild may grieve contracting out for work as described above, if such contract involves work normally performed by employees covered by this Agreement.

F. To temporarily assign employees to a specific job or position outside the bargaining unit for such purposes as peak workload demands; training; to fill-in for the absence of the Chief Marshal; emergency situations; and to accommodate injuries.

G. To maintain, administer, and modify, as deemed necessary, the Municipal Court Policies and Procedures;

H. To control the Municipal Court budget;

I. To determine rules relating to acceptable employee conduct;

J. To change, at any time, any work schedule/pay practice in which an employee, by action of the City, receives eight (8) hours' pay for less than eight (8) hours work, so as to require such an employee to work eight (8) hours per day for eight (8) hours' pay, or to pay such employee for the actual hours worked;

K. To determine the uniform required to be worn, as well as the vendors to be used for the purchase of uniforms;

L. To conduct inspections to insure employees report for duty in a full and presentable uniform.

3.3 The employer reserves the right to take whatever actions is necessary in emergencies to assure the proper functioning of the Municipal Court.

ARTICLE 4 - GUILD MEMBERSHIP AND DUES

4.1 It shall be a condition of employment that all employees of the Employer covered by this Agreement shall become members of the Guild within thirty (30) calendar days following the effective date of this Agreement and shall remain members in good standing ( as defined in the Guild's Constitution and By-laws), or shall pay an agency fee to the Guild for representation to the extent allowed by law.

4.2 It shall also be a condition of employment that all employees of the Employer covered by this Agreement and hired on or after the effective date of this Agreement shall, within thirty (30) calendar days following such appointment, become and remain members in good standing in the Guild or pay an agency fee to the extent allowed by law.

4.3 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 Guild dues and initiation fees to a non-religious charity mutually agreed upon by the employee and the Guild. If the employee and the Guild can not agree on the non-religious charity, the Public Employment Relations Commission shall designate the charitable organization. Said contribution shall be deposited into a special interest-bearing account by the Guild and, at the end of the fiscal year, donated to the charity.

4.3.1 The records concerning the special charitable contributions by Right of Non-Association Members shall be available for inspection by the Court and by the contributors to the special account, upon reasonable notice.

4.4 The Employer will 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 Guild, or service fees in lieu of dues, as certified by the Secretary of the Guild. The amounts deducted shall be transmitted monthly to the Guild on behalf of the employees involved. If an improper deduction is made, the Guild will refund directly to the Employer any such amount upon presentation of proper evidence thereof.

4.5 The Employer will give new employees a union security notice form on which they will acknowledge their bargaining unit status. A copy of the signed form will be sent to the Guild.

4.6 The Guild will indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City, on account of actions taken by the City to comply with the provisions of this Article.

ARTICLE 5 - GRIEVANCE PROCEDURE

5.1 Any dispute between the Employer and the Guild or between the Employer and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. Those issues specified as a management right as listed in Article 3 Rights of Management shall not be a proper subject for the grievance procedure (unless otherwise noted) except that allegations of the exercise of those rights in an arbitrary and capricious manner may be processed through Step 3 of the grievance procedure below. Disciplinary actions shall not be a proper subject for the grievance procedure except as provided for in Section 5.7.

The following outline of procedure is written as for a grievance of the Guild against the Employer, but it is understood the steps are similar for a grievance of the Employer against the Guild.

5.2 Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances will be filed at the step in which there is authority to adjudicate, provided the immediate supervisor is notified. Employees will be free from coercion, discrimination, or reprisal in seeking adjudication of their grievance.

5.3 Grievances processed through Step 3 of the grievance procedure shall be heard during normal Employer working hours unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal Employer working hours shall be allowed to do so without suffering a loss in pay. No more than one (1) shop steward, other than the grievant, shall attend the grievance meeting, except through prior approval of the Employer representative convening the meeting.

5.4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing.

Failure by an employee and/or the Guild to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the Employer to comply with any time limitation of the procedure in this Article shall allow the Guild and/or the employee to proceed to the next step without waiting for the Employer to reply at the previous step, except that employees may not process a grievance beyond Step 3.

As a means of facilitating settlement of a grievance, either party may by mutual consent include an additional member on its committee.

5.5 A grievance shall be processed in accordance with the following procedure:

Step 1 A grievance shall be verbally presented by the aggrieved employee or the employee and/or Shop Steward within ten (10) working days of the alleged contract violation to a first level supervisor outside of the bargaining unit. The supervisor should consult and/or arrange a meeting with his/her supervisor(s) if necessary to resolve the grievance. The parties agree to make every effort to settle the grievance at this stage promptly. The supervisor(s) shall answer the grievance within ten (10) working days after being notified of the grievance.

Step 2 If the grievance is not resolved as provided in Step 1, it shall be reduced to written form, citing the section(s) of the Agreement allegedly violated, the nature of the alleged violation, and the remedy sought. The Guild President or his/her designee and/or aggrieved employee shall then forward the written grievance to the Director of Court Security with a copy to the City Director of Labor Relations within five (5) working days after the Step 1 answer. The Director of Court Security may convene a meeting within ten (10) working days after receipt of the grievance between the aggrieved employee, Shop Steward and/or Guild Representative, together with other department or Court personnel he/she may deem necessary. The City Director of Labor Relations or his/her designee may attend said meeting. Within ten (10) working days after the meeting, the Director of Court Security shall forward a reply to the Guild.

Step 3 If the grievance is not resolved as provided in Step 2 above, the grievance shall be reduced to written form, which shall include the same information specified in Step 2 above and shall be forwarded within ten (10) working days after receipt of the Step 2 answer to Step 3. Said grievance shall be submitted by the Executive Director or his/her designee and/or aggrieved employee to the City Director of Labor Relations with copies to the Director of Court Security, the Court Administrator, the Presiding Judge, and the Court Personnel Manager. The Director of Labor Relations or his/her designee shall investigate the grievance and, if deemed appropriate, he/she shall convene a meeting between the appropriate parties. He/she shall thereafter make a confidential recommendation to the Court Administrator and the Presiding Judge, who shall in turn give the Guild an answer in writing twenty (20) working days after receipt of the grievance or the meeting between the parties.

Step 4 If the grievance is not settled at Step 3, either of the signatory parties to this Agreement may submit the grievance to binding arbitration.

Within thirty (30) days of the Guild's receipt of the Employer's Step 3 response or the expiration of the Employer's time frame for responding at Step 3, the Guild may file a Demand for Arbitration with the City's Director of Labor Relations by certified mail with copies to the Director of Court Security, the Court Administrator, the Presiding Judge, and the Court Personnel Manager.

Within ten (10) working days thereafter, the City's Director of Labor Relations or designee will schedule a meeting or confer with the Guild to determine who shall arbitrate the dispute. The Director of Court Security shall be notified of this meeting or other conference for this purpose. At this meeting, the Employer and the Guild may, through mutual agreement: (1) Select an arbitrator, either by mutual agreement or from a panel of arbitrators (if a panel of arbitrators has been established by the parties); (2) Submit the issue to mediation/arbitration with a mediator/arbitrator selected by one of the above methods by the parties; or (3) Seek other method of resolution.

In the event the parties are unable to agree upon one of the above methods of selecting an arbitrator or arbitrator/mediator, or if the City's Director of Labor Relations or designee fails to timely schedule a meeting as is contemplated above, the Demand for Arbitration shall be filed with the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration rules. The Demand for Arbitration must be filed within ten (10) working days of either the arbitrator selection meeting or the expiration of the ten (10) day period following the Director of Labor Relations' receipt of the Arbitration Demand. Copies of the arbitration demand shall be forwarded also to the Director of Court Security, the Court Administrator, the Presiding Judge, and the Court Personnel Manager.

When the Demand for Arbitration is filed with the American Arbitration Association, the arbitrator shall be selected from a list obtained from the Association by its selection process.

Demands for Arbitration will be accompanied by the following information:

A. Identification of sections of the Agreement allegedly violated

B. Nature of the alleged violation

C. Remedy sought

In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows:

1. The arbitrator shall have no power to render a decision that will add to, subtract from, alter, change, or modify the terms of this Agreement, and his/her power shall be limited to the interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration including those matters specifically excluded from this grievance and arbitration procedure.

2. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Guild, and the employee involved.

3. The cost of the arbitrator shall be borne equally by the Employer and the Guild, and each party shall bear the cost of presenting its own case.

4. The arbitrator's decision shall be made in writing and shall be issued to the parties within thirty (30) days after the case is submitted to the arbitrator.

5. Any arbitrator selected under Step 4 of this Article shall function pursuant to the voluntary labor arbitration regulations of the American Arbitration Association unless stipulated otherwise in writing by the parties to this Agreement.

5.6 Arbitration awards or grievance settlements shall not be made retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based, that date being ten (10) working days or less prior to the initial filing of the grievance.

5.7 Grievances involving discipline shall not be a proper subject for consideration under the contract grievance and arbitration procedure found in Sections 5.4 and 5.5. Disciplinary grievances involving suspension, demotion, or termination of employment shall be filed within fifteen (15) working days of written notice of the disciplinary action under the following procedure:

Step 1 A discipline grievance shall be filed in writing by the grieving employee and shop steward with the Director of Court Security, who shall respond to the grievance in writing within fifteen (15) working days. The response shall be mailed to the Guild with a copy given to the employee.

Step 2 If the response provided in Step 1 does not resolve the grievance, the Guild may request a disciplinary review panel be convened to hear the grievance. If no such request is filed within fifteen (15) working days of the Guild's receipt of the response in Step 1, the grievance shall be considered resolved.

The disciplinary review panel shall consist of:

A. A representative of Municipal Court management who did not participate in the initiation or approval of the disciplinary action;

B. The City's Director of Labor Relations or his/her designee who shall serve as chairperson;

C. A panel member designated by the Guild.

The panel shall conduct an informal hearing and provide its findings and recommendations to the Court Administrator or Presiding Municipal Court Judge within twenty (20) working days from the date the hearing was concluded. The panel will use Daugherty's seven tests of just cause as a standard to determine if the disciplinary action is firmly and fairly grounded. The Court Administrator or Presiding Judge shall make the final decision concerning the disciplinary action, which decision shall not be further appealable.

ARTICLE 6 - WORK STOPPAGES

6.1 The Employer and the Guild agree that the public interest requires the efficient and uninterrupted performance of all Employer services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the life of the Agreement, the Guild shall not cause any work stoppage, strike, slowdown, or other interference with Employer functions by employees under this Agreement; and should same occur the Guild agrees to take appropriate steps to end such interference. Employees shall not cause or engage in any work stoppage, strikes, showdown, or other interference with Employer functions for the term of this Agreement. Employees covered by this Agreement who engage in any of the foregoing actions shall be subject to such disciplinary actions as may be determined by the Employer, including, but not limited to , the recovery of any financial losses suffered by the Employer.

ARTICLE 7 - CLASSIFICATIONS AND RATES OF PAY

7.1 The classifications of employees covered by this Agreement and the corresponding rates of pay are set forth in "Appendix A" attached hereto and made a part of this Agreement.

7.2 Effective June 9, 1999, the base wage rates shall be as displayed in "Appendix A" of this Agreement.

7.3 Effective January 5, 2000, the base wage rates, referenced in Section 7.2 above shall be increased by one hundred percent (100%) of the percentage increase in the Seattle-Tacoma-Bremerton Area Consumer Price Index for June 1999, over the same index for June 1998; provided, however, said percentage increase shall not be less than two percent (2%), nor shall it exceed seven percent (7%). The index used shall be the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items Revised Series (1982-84 = 100), as published by the Bureau of Labor Statistics.

7.4 Effective January 3, 2001, the base wage rates referenced in Section 7.3 above shall be increased by one hundred percent (100%) of the percentage increase in the Seattle-Tacoma-Bremerton Area Consumer Price Index for June 2000 over the same index for June 1999; provided, however, said percentage increase shall not be less than two percent (2%), nor shall it exceed seven percent (7%). The index used shall be the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items Revised Series (1982-84 = 100), as published by Bureau of Labor Statistics. -

7.4.1 The parties agree that if sales tax revenues available to the City for fiscal year 2001 are projected to decline in comparison to sales tax revenues available to the City during fiscal year 2000, the parties agree to open negotiations with respect to wages for the contract term beginning January 1, 2001. If said negotiations are required, the increase for the year 2001 will be determined based upon the agreement reached by the parties. Further, if said negotiations are required, they shall commence no later than September 1, 2000. The parties agree to rely on the projections made by the City Budget Office in July 2000 as the basis for this provision.

7.4.2 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. 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.

7.5 The Classification/Compensation Unit will conduct wage equity reviews using a total compensation model with any resulting wage adjustments being effective January 6, 1999. The equity adjustments will be discounted to the same extent that the Coalition of City Unions equity adjustments are discounted, and the resulting adjustment will be reduced by Ninety Dollars ($90.00) per employee per year.

ARTICLE 8 - WORK OUTSIDE OF CLASSIFICATION

8.1 Whenever an employee is assigned by the department head or designee to perform the normal ongoing duties of and accept responsibility of a position when the duties of the position are clearly outside of the scope of an employee's regular classification for a period in excess of eight (8) consecutive 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 salary rate shall be determined in the same manner as for a promotion.

8.2 The department head or designee may temporarily assign an employee to perform the duties of a lower classification without a reduction in pay.

8.3 An employee temporarily assigned to perform the duties of a lower classification primarily for the benefit of the employee shall be paid at the rate of the lower classification.

8.4 If an employee is assigned by the department head or designee, pursuant to this Article, to perform all of the duties of a higher classification on a continuous basis in excess of sixty (60) calendar days, he/she thereafter, while still assigned at the higher level, will be compensated for sick leave, vacation, and holidays at the rate of the assigned higher classification.

8.5 The Employer 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. The Employer may work employees out-of-class across bargaining unit jurisdictions for a period not to exceed six (6) continuous months. 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 a layoff; e.g., with the renovation of the Seattle Center Coliseum). When such circumstances require that an out-of-class assignment be extended beyond six (6) months, the Employer shall notify the Union or Unions that represent 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 worked 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 goodfaith basis.

8.6 An employee may be temporarily assigned to perform the duties of a lower classification without a reduction in pay. 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/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.

8.7 Out-of-class shall be formally assigned in advance of the outof-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.

8.8 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.

ARTICLE 9 - ANNUAL VACATIONS

9.1 Annual vacations with pay shall be granted to eligible employees computed at the rate shown in Section 9.3 for each hour on regular pay status as shown on the payroll, but not to exceed eighty (80) hours per pay period.

9.2 "Regular pay status" is defined as regular straight-time hours of work plus paid time off such as vacation time, holiday time off, compensated time, and sick leave. At the discretion of the Employer, 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.

9.3 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

VACATION

FOR FULL-TIME EMPLOYEE

MAXIMUM

VACATION

BALANCE

Hours on

Regular

Pay Status

Vacation

Earned

Per Hour

Years of

Service

Working Days

Per Year

Working Hours

Per Year

Maximum Hours

0 through 08320 0460

08321 through 18720 0577

18721 through 29120 0615

29121 through 39520 0692

39521 through 41600 0769

41601 through 43680 0807

43681 through 45760 0846

45761 through 47840 0885

47841 through 49920 0923

49921 through 52000 0961

52001 through 54080 1000

54081 through 56160 1038

56161 through 58240 1076

58241 through 60320 1115

60321 and over 1153

0 through 4

5 through 9

10 through 14

15 through 19

20

21

22

23

24

25

26

27

28

29

30

12

15

16

18

20

21

22

23

24

25

26

27

28

29

30

(96)

(120)

(128)

(144)

(160)

(168)

(176)

(184)

(192)

(200)

(208)

(216)

(224)

(232)

(240)

192

240

256

288

320

336

352

368

384

400

416

432

448

464

480

9.4 An employee who is eligible for vacation benefits shall accrue vacation from the date of entering Employer service or the date upon which he/she became eligible and may accumulate a vacation balance that 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.

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

9.6 In the event that the Employer 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 will 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 Personnel Director in order to allow rescheduling of the employee's vacation. In such cases the department head shall provide the Personnel Director with the circumstances and reasons leading to the need for such an extension. No extension of this grace period will be allowed.

9.7 The vacation allowance may be taken by an employee on an hourly basis at the discretion of the head of the department.

9.8 An employee who leaves the Employer's 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 previously accrued.

9.9 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.

9.10 Where an employee has exhausted his/her sick 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. Where the terms of this Section 9.10 are in conflict with the City of Seattle family and medical leave ordinance cited at SMC 4.26, as it exists or may be hereafter modified, the ordinance shall apply.

9.11 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. Provided, the parties agree that within ninety (90) days of the effective date of the Agreement, they will convene a labor-management meeting to jointly determine a seniority based vacation scheduling system which will be developed by September 30, 1999, and described in a Letter of Agreement.

ARTICLE 10 - HOLIDAYS

10.1 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 Third Monday in January

Presidents' Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Veterans' Day November 11

Thanksgiving Day Fourth Thursday in November

Day after Thanksgiving Day Day immediately following

Thanksgiving Day

Christmas Day December 25

First Personal Holiday

Second Personal Holiday

Whenever any holiday enumerated above falls upon a Sunday, the following Monday shall be considered a holiday. Whenever any holiday enumerated above falls upon a Saturday, the preceding Friday shall be considered the holiday; provided, however, paid holidays falling on Saturday or Sunday shall be recognized and paid pursuant to Section 10.4 on those actual days (Saturday or Sunday) for employees who are regularly scheduled to work those days. Payment pursuant to Section 10.3 shall be made only once per affected employee for any one holiday.

10.2 Employees on pay status on or prior to February 12 shall be entitled to use the first Personal Holiday as referenced in Section 10.1 during that calendar year. Employees on pay status on or prior to October 1 shall be entitled to use the second Personal Holiday as referenced in Section 10.1 during that calendar year.

10.3 Employees who work on a holiday shall be paid for the holiday at their regular straight-time hourly rate of pay, and in addition shall be paid at the rate of one and one-half (1-1/2) times their regular straight-time hourly rate of pay for hours worked.

10.4 To qualify for holiday pay employees covered by this Agreement must have been on the payroll prior to the holiday and on pay status the normal workday before and the normal workday after the holiday.

10.5 A regular 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 holidays 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.

10.6 Each holiday shall consist of eight (8) hours. Employees working 4/10 or other alternative work schedules will revert to a 5/8 schedule during holiday weeks. Subject to the approval of the Court Security Director, as an alternative, an employee may work the regular 4/10 schedule that week and be absent from work on the holiday for ten (10) hours. However, only eight (8) hours will be paid as holiday pay. The other two (2) hours must be covered by one of the following methods:

A. Use of accumulated compensatory time or vacation time;

B. Upon approval of the employee's supervisor, work the other two (2) hours on the employee's normally scheduled day off. The request for approval of this option must be made to the employee's supervisor at least two (2) weeks prior to the Monday of the calendar week in which the holiday falls; or

C. Other method approved by the employee's supervisor and the Director of Court Security. Any such proposed, alternative method must be submitted to the Director of Court Security for approval at least two (2) weeks prior to the Monday of the calendar week in which the holiday falls.

If the day of the holiday observance falls on the employee's normally scheduled day off, the employee shall arrange, with the approval of his/her supervisor, an alternate day off the week of the holiday.

ARTICLE 11 - LEAVES

11.1 Employees covered by this Agreement 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. Unlimited sick leave credit may be accumulated. New employees entering Employer 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 due to pregnancy and/or childbirth.

C. Employee medical or dental appointments.

D. Sick leave credit may also be used for care of family members as required of the Employer by state law and/or as defined and provided for by City of Seattle ordinance, as cited at SMC 4.24.

E. Sick leave may be taken 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.

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

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. Upon the death of an employee, either by accident or natural causes, twenty-five percent (25%) of such employee's accumulated sick credits shall be paid to his/her designated beneficiary. However, if an employee is eligible for retirement and chooses to vest their funds with the Retirement System, at the time they leave City Employment, they will lose all sick leave credit and not be eligible to receive the twenty-five percent (25%) cash out.

11.2 Change in position or transfer to another Municipal Court or City department shall not result in a loss of accumulated sick leave. An employee reinstated or reemployed 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.

11.3 Compensation for the first four (4) days of absence shall be paid upon approval of the Personnel 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 Personnel Director or his/her designee shall see fit to have made. Compensation for such absences beyond four (4) continuous days shall be paid only after approval of the Personnel Director or his/her 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.

11.4 Conditions Not Covered Employees shall not be eligible for sick leave:

A. When suspended or on leave without pay and when laid off or on other non-pay status.

B. When off work on a holiday.

C. When an employee works during his/her free time for an employer other than the Employer of Seattle and his/her illness or disability arises therefrom.

11.5 Prerequisites for Payment

A. Prompt Notification: The employee shall promptly notify his/her immediate supervisor, by telephone or otherwise, on his/her first day off due to illness and each day thereafter, until advised otherwise by his/her immediate supervisor. If an employee is on a special work schedule, particularly where a relief replacement is necessary if he/she is absent, he/she shall notify his/her immediate supervisor as far as possible in advance of his/her scheduled time to report for work. The department head or his/her designee shall establish a minimum reporting time prior to the beginning of a shift for such notice.

B. 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, either by telephone or telegraph, or by letter postmarked 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.

C. 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. Each supervisor shall obtain the necessary forms provided by the Personnel Department and make them available to the employee.

D. 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.

11.6 Sick Leave Transfer Program Employees may donate and/or receive sick leave in accord with the terms and conditions of the Employer's Sick Leave Transfer Program. This program is established and defined by City ordinance and may be amended or rescinded at any time during the term of this Agreement. Any disputes that may arise concerning the terms, conditions and/or administration of such program shall be subject to the Grievance Procedure in Article 5 of this Agreement through Step 3 of Section 5.5. Grievances over sick leave transfer program disputes shall not be subject to Step 4 (Arbitration) of Section 5.5.

11.7 Industrial Injury or Illness:

A. 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.

B. 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 account. Scheduled workdays falling within only the first three (3) calendar days following the day of injury shall be compensable through accrued sick leave. Any earned vacation may be used in a like manner after sick leave is exhausted, provided that, if neither accrued sick leave nor accrued vacation is available, the employee shall be placed on no pay status for these three (3) days. If the period of disability extends beyond fourteen (14) calendar days, then: (1) any accrued sick leave or vacation leave utilized that results in absence from his/her regular duties (up to a maximum of eighty percent (80%) of the employee's normal hourly rate of pay per day) shall be reinstated; or (2) if no sick leave or vacation 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 6A.

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

D. Employees must meet the standards listed in SMC 4.44.020 to be eligible for the benefit amount provided herein, which 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.

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) days after notification to the employee. The City's action is subject to the grievance procedure.

E. Such compensation shall be authorized by the Personnel 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.

F. 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 6H. 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 11.7A.

G. Any employee eligible for the benefits provided by this Ordinance 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 Personnel Director requests closure of such employee's claim pursuant to SMC 4.44, as now or hereinafter amended.

H. Sick leave shall not be used for any disability herein described except as allowed in Section 11.7B.

I. The afore-referenced disability compensation shall be understood to be in lieu of State Industrial Insurance Compensation and Medical Aid.

J. Appeals of any denials under this Article shall be made through the Department of Labor and Industries as prescribed in Title 51 RCW.

11.8 Bereavement/Funeral Leave Employees covered by this Agreement shall be allowed one day off without salary deduction for bereavement purposes in the event of the death of any close relative; provided, that where attendance at a funeral requires total travel of two hundred (200) miles or more, one additional day with pay shall be allowed; provided further, that the department head may, when circumstances require and upon application stating the reasons therefor, 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 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, 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, child, mother, father, stepmother, stepfather, brother, sister, grandchild, grandfather or grandmother of the employee or spouse, and the term "relative other than a close relative" shall mean the uncle, aunt, cousin, niece, nephew, or the spouse of the brother, sister, child or grandchild of the employee or spouse.

Bereavement/Funeral leave may be allowed for bereavement purposes and/or attendance at the funeral of any other relative as allowed by City Ordinance. Such relatives shall be determined as close relatives or relatives other than close relatives pursuant to the terms of the Ordinance for purposes of determining the extent of bereavement/funeral leave or sick leave allowable as provided above.

11.9 Family and Medical Leave Employees who meet the eligibility requirements of the Seattle Municipal Code, Chapter 4.26, "Family and Medical Leave," or the federal Family and Medical Leave Act, may take leave to care for themselves and qualified dependents.

11.10 Sabbatical Leave Regular employees covered by this Agreement shall be eligible for sabbatical leave under the terms of Seattle Municipal Code Chapter 4.33.

ARTICLE 12 - HEALTH CARE, DENTAL CARE, LIFE INSURANCE

AND LONG TERM DISABILITY INSURANCE

12.1 Effective upon the signing of this agreement, the City shall provide medical, dental, and vision plans (initially Group Health, Regence Blue Shield, Choice Plus, Washington Dental Service, Columbia Dental Service, and Vision Services Plan) for all regular employees (and eligible dependents) represented by Unions that are a party to the Memorandum of Agreement established to govern the plans. For calendar years 1999, 2000, and 2001, the selection, addition, and/or elimination of medical, dental, and vision benefit plans and changes to such plans shall be established through the Labor-Management Health Care Committee in accordance with the provisions of the Memorandum of Agreement established to govern the functioning of said Committee.

A. An employee may choose, when first eligible for medical benefits or during the scheduled open enrollment periods, the plans referenced in Section 12.1 or similar programs as determined by the LaborManagement Health Care Committee.

12.1.1 Effective upon the signing of the agreement, the City shall pay one hundred percent (100%) of the monthly premiums for medical, dental, and vision coverage.

12.1.2 For calendar years 2000 and 2001, the City shall pay the equivalent of one hundred six percent (106%) of the average employee's monthly medical, dental, and vision premiums over the prior calendar year for employees whose health care benefits are governed by the Labor-Management Health Care Committee. If the premium costs for calendar years 2000 and/or 2001 are projected to be greater than one hundred six percent (106%), the Labor-Management Health Care Committee will make adjustments to remain within the established one hundred six percent (106%) parameters in accordance with the Memorandum of Agreement.

12.1.3 A Health Care Reserve Account shall be established for utilization in the second year of the contract period and beyond. This Reserve Account is dedicated to either enhance medical, dental, and vision benefits or help cover related costs.

12.1.4 The Guild may reopen negotiations exclusively on the level of the City's medical, dental, and vision premium costs for the contract term January 1, 2001, through December 31, 2001, by providing written notification to the City of that intent no later than August 1, 2000.

12.1.5 Effective upon the signing of the agreement, new, regular employees will be eligible for benefits the first month following the date of hire (or immediately, if hired on the first working day of the month).

12.2 Life Insurance The Employer shall offer a voluntary Group Term Life Insurance option to eligible employees. The employee shall pay sixty percent (60%) of the monthly premium and the Employer shall pay forty percent (40%) of the monthly premium at a premium rate established by the Employer and the carrier. Premium rebates received by the Employer from the voluntary Group Term Life Insurance option shall be administered as follows:

A. Future premium rebates shall be divided so that forty percent (40%) can be used by the Employer to pay for the Employer's share of the monthly premiums, and sixty percent (60%) shall be used for benefit of employees participating in the Group Term Life Insurance Plan in terms of benefit improvements, to pay the employee's share of the monthly premiums or for life insurance purposes otherwise negotiated.

B. Whenever the Group Term Life Insurance Fund contains substantial rebate monies that are earmarked pursuant to Section 12.2 above to be applied to the benefit of employees participating in the Group Term Life Insurance Plan, the Employer shall notify the Guild of that fact.

C. The Employer will offer an option for employees to purchase additional life insurance coverage for themselves and/or their families.

12.3 Long-Term Disability The Employer will provide a Long-Term Disability Insurance (LTD) program for all eligible employees for occupational and non-occupational accidents or illnesses. The Employer will pay the full monthly premium cost of a Base Plan with a ninety (90)-day elimination period, which insures sixty percent (60%) of the employee's first Six Hundred Sixty-seven Dollars ($667) base monthly wage. Employees may purchase, through payroll deduction, an optional Buy-Up Plan with a ninety (90)-day elimination period, which insures sixty percent (60%) for the remainder of the employee's base monthly wage (up to a maximum $8,333 per month). Benefits may be reduced by the employee's income from other sources as set forth in the Plan Description. The provisions of the plan shall be further and more fully defined in the Plan Description issued by the Standard Insurance Company.

During the term of this Agreement, the Employer may, at its discretion, change or eliminate the insurance carrier for any of the long-term disability benefits covered by this Section and provide an alternative plan either through self insurance or another insurance carrier, however, the long-term disability benefit level shall remain substantially the same.

The maximum monthly premium cost to the Employer shall be no more than the monthly premium rates established for calendar year 2001, for the Base Plan, but not to exceed the maximum limitation on the Employer's premium obligation per calendar year as set forth within this Section.

12.4 If state and/or federal health care legislation is enacted, the parties agree to negotiate the impact of such legislation. The parties agree that the intent of this Agreement to negotiate the impact shall not be to diminish existing benefit levels and/or to shift costs.

12.5 Labor-Management Health Care Committee Effective January 1, 1999, a Labor-Management Health Care Committee shall be established by the parties. This Committee shall be responsible for governing the medical, dental, and vision benefits for all regular employees represented by Unions that are subject to the relevant Memorandum of Agreement. This Committee shall decide whether to administer other City-provided insurance benefits.

ARTICLE 13 - RETIREMENT

13.1 Pursuant to Ordinance 78444 as amended, all eligible employees shall be covered by the Seattle City Employees Retirement System.

ARTICLE 14 - HOURS OF WORK AND OVERTIME

14.1 Normally, full-time employees shall be scheduled to work forty (40) hours per week. Part-time positions of between twenty (20) and forty (40) hours may be established by the Employer. Work shall be scheduled on the basis of five (5) day, forty (40) hour per week schedules; four (4) day, forty (40) hour per week schedules; or such other schedules as established by or agreed to by the Employer. Upon approval by the Employer, an employee's schedule may be revised. When the Employer determines to change work schedules and hours of work, notice of changes shall be provided to affected employees prior to implementation when possible. The Employer will make a good faith effort to discuss changes in employees' work schedules and hours of work prior to implementation.

14.2 All hours performed in excess of a permanent, full-time employee's regularly scheduled shift of not less than eight (8) hours in any workday or forty (40) hours in any work week shall be considered as overtime and shall be paid for at the overtime rate of one and one-half (1-1/2) times the straight-time rate of pay. Parttime and intermittent employees who are directed, by the Chief Marshal or his/her designee, to work beyond their normal work schedule hours resulting in work in excess of forty (40) hours in a seven (7) day work week, shall be paid for such overtime work at the rate of time and one-half (1-1/2) of the employee's hourly rate of pay.

In the event the overtime meets the definition of extraordinary overtime as defined in SMC 4.20.230, the employee shall be paid at a rate of two (2) times the employee's hourly rate of pay for all overtime hours worked.

14.3 Overtime shall be paid at the applicable overtime rate or by mutual consent between the employee and his/her supervisor in compensatory time off at the applicable overtime rate.

14.4 When a permanent full-time vacancy occurs in the Marshals' Unit, permanent part-time employees shall be given first right of refusal based upon seniority unless skills, competencies, and abilities dictate otherwise. When the Employer advertises to fill a vacant position all bargaining unit employees who apply for the position will be guaranteed a final interview. The Employer will make a good faith effort to appoint current bargaining unit employees to vacant higher-level bargaining unit positions.

14.5 Employees working at least an eight (8) hour day shall be allowed a fifteen (15) minute rest period during each half of their work day. Employees working at least four (4) hours but less than eight (8) hours in a work day shall be allowed one fifteen (15) minute rest period during the work day.

14.6 Employees working at least an eight (8) hour day shall be allowed an unpaid meal period of not less than thirty (30) minutes.

ARTICLE 15 - GENERAL CONDITIONS

15.1 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;

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

C. by payments from the employee spread over two pay periods.

D. 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.

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

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

15.2 The Employer and Guild agree to hold labor-management meetings as necessary. These meetings will be called upon request of either party to discuss contract or non-contract issues affecting employees covered by this Agreement. Subjects for discussion at labormanagement meetings during the term of this Agreement shall be as agreed by the parties. The Guild shall be permitted to designate members and/or stewards to assist its Guild Representative in such meetings. The purpose of labor-management meetings is to deal with matters of general concern to the Guild and management.

15.3 Employee Defense Employees shall have rights to consideration for defense by the City Attorney in litigation arising from their conduct, acts, or omissions in the scope and course of their City employment by the terms allowing such defense as provided in SMC Chapter 4.64. The Guild may submit their opinion in writing regarding the scope of the conduct in question to the department head for his/her consideration before a final determination is made. Issues arising out of application of this Municipal Code provision shall not be a proper subject for the grievance procedure herein, but may be submitted for review by the Employer in its normal process for such review.

15.4 Uniforms Effective January 1, 2000, the Employer will provide Five Hundred Dollars ($500) as a uniform allowance to be paid on the employee's anniversary date. New employees will be provided Three Hundred Twenty-five Dollars ($325) for the purchase of their initial uniforms, and after six months of employment, they will be provided an additional One Hundred Fifty Dollars ($150). Each new employee, on a one-time-only basis, will also be provided a new uniform jacket; however, if they leave the Court within the first year, they must return the jacket. As soon as possible after implementation of this Agreement, the Employer, on a one-time-only basis, will provide each member of the Guild a uniform jacket. Within sixty (60) days of receipt of the increased clothing allowance for the year 2000, each employee must purchase a long sleeve shirt and tie. If/when the Municipal Court makes a change in the uniform, the impact of such change must be negotiated. Employees are expected to report for duty in a full and presentable uniform including bulletproof vest.

15.5 Effective January 1, 2000, a fund equivalent to Two Thousand Four Hundred Eighty Dollars ($2,480) will be established. Effective January 1, 2000, Twenty-four Dollars ($24.00) per employee per year shall be added to the fund. Such fund shall be administered by a labor-management committee for unbudgeted training, equipment and/or other job related needs.

ARTICLE 16 - SUBORDINATION OF AGREEMENT

16.1 It is understood that the parties hereto and the employees of the Employer are governed by the provisions of applicable federal law, state law, and City Charter. When any provisions thereof are in conflict with or are different than the provisions of this Agreement, the provisions of said federal law, state law, or City Charter are paramount and shall prevail.

16.2 It is also understood that the parties hereto and the employees of the Employer are governed by applicable City Ordinances, and said Ordinances are paramount except where they conflict with the express provisions of this Agreement.

ARTICLE 17 - SAVINGS CLAUSE

17.1 If an Article of this Agreement or any addenda thereto is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article is restrained by such tribunal, the remainder of this Agreement and addenda 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 for such Article.

17.2 If the City Charter is modified during the term of this Agreement and any modifications thereof conflict with an express provision of this Agreement, the express provision shall become null and void.

ARTICLE 18 - ENTIRE AGREEMENT

18.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions.

18.2 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. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter, whether or not specifically referred to or covered in this Agreement.

ARTICLE 19 - TERM OF AGREEMENT

19.1 Upon execution by both parties, this Agreement shall become effective and shall remain in effect through December 31, 2001.

Signed this __________ day of _______________, 2000.

SEATTLE MUNICIPAL COURT

MARSHALS' GUILD

CITY OF SEATTLE

Executed under authority of

Ordinance _____________.

By_________________________________

President

By__________________________________

Mayor

SEATTLE MUNICIPAL COURT MARSHALS' GUILD APPENDIX A

Hourly Base Wages as of November 24, 1999

Step 1 Step 2 Step 3 Step 4 Step 5

Municipal Court Marshal 17.58 18.27 18.95 19.68 20.47

Municipal Court Marshal, Sr. 19.68 20.47 21.26 22.12 22.99

Hourly Base Wages as of January 5, 2000

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Municipal Court Marshal 17.41 18.14 18.85 19.56 20.31 21.13

Municipal Court Marshal, 20.31 21.13 21.94 22.83 23.73 Sr.

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