ORDINANCE __________________

AN ORDINANCE authorizing execution of a Collective Bargaining Agreement between the City of Seattle and International Federation of Professional and Technical Engineers, Local 17, Information Technology Professional Unit, effective through December 31, 2004, and providing payment therefore.

WHEREAS, On November 6, 2000, the City recognized IFPTE, Local 17 as the exclusive bargaining representative of all Information Technology Professional B's and C's in the following City Departments and Offices: City Light; Finance; Fleets and Facilities; Fire; Housing; Human Services; Municipal Court; Police; Seattle Public Utilities; Strategic Planning; and Seattle Transportation; and

WHEREAS, collective bargaining has led to an agreement concerning wages and certain other conditions of employment between the City and IFPTE Local 17, Information Technology Professional Unit;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As requested by the Personnel Director and recommended by the Mayor in the materials attached hereto, the Mayor is hereby authorized for and on behalf of the City to execute a Collective Bargaining Agreement with the International Federation of Professional and Technical Engineers, Local 17, Information Technology Professional Unit, effective through December 31, 2004, substantially in the form attached hereto and identified as "Agreement by and between The City of Seattle and the International Federation of Professional and Technical Engineers, Local 17, Information Technology Professional Unit" with Appendix A thereto setting forth rates of pay for the classes of positions listed therein effective January 3, 2001.

Section 2. The heads of employing units are hereby authorized to use unexpended and unencumbered salary funds accumulating in their budgets to pay the compensation authorized therein. The Finance Director is authorized to draw pay and pay the warrants drawn from the compensation authorized therein.

Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 4. This ordinance shall take effect and be enforced thirty (30) days from and after this approval by the Mayor; but if not approved and returned by the Mayor within ten (10) days of presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 2001, and signed by me in open session in authentication of its passage this _____ day of _______________, 2001.

___________________________________

Margaret Pageler, City Council President

Approved by me this _____ day of _______________, 2001.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of _______________, 2001.

___________________________________

Judith Pippin, City Clerk

(SEAL)

Norma McKinney/Kim Latham

jmcklkrc//g:

November 6, 2001

V #1 AGREEMENT

by and between

THE CITY OF SEATTLE

and

INTERNATIONAL FEDERATION OF

PROFESSIONAL AND TECHNICAL ENGINEERS

LOCAL #17, AFL-CIO

Information Technology Professional Unit

Effective through December 31, 2004

TABLE OF CONTENTS

ARTICLE PAGE NUMBER

PREAMBLE 4

1 NON-DISCRIMINATION 5

2 RECOGNITION AND BARGAINING UNIT 6

3 RIGHTS OF MANAGEMENT 8

4 EMPLOYEE RIGHTS 10

5 UNION MEMBERSHIP AND DUES 12

6 GRIEVANCE PROCEDURE 14

7 WORK STOPPAGES 21

8 PROBATIONARY PRIOD AND TRIAL SERVICE PERIOD 22

9 CLASSIFICATION AND RATES OF PAY 26

10 EMPLOYMENT PROCESS 31

11 WORK OUTSIDE OF CLASSIFICATION AND

LIMITED TERM ASSIGNMENTS 34

12 ANNUAL VACATIONS 36

13 HOLIDAYS 38

14 LEAVES 40

15 HEALTHCARE, DENTAL CARE, LIFE INSURANCE AND

LONG TERM DISABILITY INSURANCE 46

16 RETIREMENT 49

17 UNION REPRESENTATIVES 50

18 SAFETY STANDARDS 52

19 HOURS OF WORK 53

20 TRANSFER, VOLUNTAARY REDUCTION, LAYOFF AND

SERVICE CREDIT 57

21 BULLETIN BOARDS 63

22 DISCIPLINARY ACTIONS 64

23 LABOR MANAGEMENT MEETINGS 65

24 GENERAL CONDITIONS 67

25 TRAINING 72

26 SUBORDINATION OF AGREEMENT 74

27 SAVINGS CLAUSE 75

28 ENTIRE AGREEMENT 76

29 TERM OF AGREEMENT 77

APPENDIX A 78

AGREEMENT

by and between

THE CITY OF SEATTLE

and

INTERNATIONAL FEDERATION OF

PROFESSIONAL AND TECHNICAL ENGINEERS

LOCAL #17, AFL-CIO

Information Technology Professional Unit

PREAMBLE

This Agreement is between the CITY OF SEATTLE (hereinafter called the City) and INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL #17, AFL-CIO (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 classifications for whom the City has recognized the Union as the exclusive collective bargaining representative.

ARTICLE 1 NON-DISCRIMINATION

1.1 The City and the Union agree that they will not discriminate against any employee by reason of race, color, age, sex, marital status, sexual orientation, political ideology, creed, religion, ancestry, or national origin; Union activities; or the presence of any sensory, mental or physical disability, unless based on a bona fide occupational qualification reasonably necessary to the normal operation of the City.

1.2 Whenever words denoting the feminine or masculine gender are used in this Agreement, they are intended to apply equally to either gender.

ARTICLE 2 - RECOGNITION AND BARGAINING UNIT

2.1 The City hereby recognizes the Union as the exclusive collective bargaining representative of employees doing the work encompassed by the job classification of Information Technology Professional B and Information Technology Professional C in the following departments: City Light, Police, Seattle Transportation, Human Services, Fire, Fleets and Facilities, Finance, Seattle Public Utilities, Municipal Court, Office of Housing and Strategic Planning Office.

2.2 Where those duties covered by this Agreement are assigned to a different or new classification in the classified service, the Union will continue to be recognized as exclusive bargaining representative for those duties. The City will notify the Union of any new job classifications that involve the performance of represented Information Technology work and provide the Union with the classification specification, including job duties and minimum qualifications. Any disagreement between the parties over the application of this Section shall be processed and settled pursuant to RCW 41.56, WAC 391-35.

2.3 A. "Position" as used in this Agreement shall be defined as any group of duties and responsibilities in the service of the City, which one person is required to perform as their employment. "Budgeted position" shall be defined as a specific position in the City's current annual budget normally filled through a regular appointment within the Civil Service.

B. 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.

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

D. 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.

E. 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.

F. 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.

G. The term "temporary employee" shall be defined as an employee who has been hired to work during any period when additional work requires a temporarily augmented work force, in the event of an emergency, to fill in for the absence of a regular employee, or to fill a vacancy in a budgeted position on an interim basis. Work performed by a temporary employee may include, but not necessarily be limited to a variety of work schedules dependent upon the requirements of a particular temporary job assignment; e.g., fulltime in assignments of limited duration; less than forty (40) hours per week; less than twenty (20) hours per week; as needed; seasonal; on call; or intermittent.

H. The term "interim basis" shall be defined as an assignment of an 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.

ARTICLE 3 - RIGHTS OF MANAGEMENT

3.1 The right to hire, promote, discharge for just cause, improve efficiency, and determine work schedules and the location of department headquarters are examples of management prerogatives. However, it is understood that the City retains its right to manage and operate its departments except as may be limited by an express provision of this Agreement.

3.2 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 department head or designee involved, and their determination in such case shall be final, binding and not subject to the grievance procedure; provided, however, prior to approval by the department head or designee involved to contract out work under this provision, the Union shall, when ever possible, be given 30 days advanced notice. The department head or designee involved shall make available to Local 17 upon request (1) a description of the services to be so performed, and (2) the detailed factual basis supporting the reasons for such action.

3.3 The Union may grieve contracting out for work as described in Section 3.2 of this Article, if such contract involves work normally performed by employees covered by this Agreement, and if that contract is the cause of the layoff of employees covered by this Agreement.

3.4 The City recognizes that in some cases it makes sense to convert contract work to regular positions. The City will, during its budget process, review the use of contractors throughout the appropriate departments in the terms of the nature of work, the duration, and the number of hours of contractor work being performed. Based on the review, if the City determines there is an ongoing need, the City will, in good faith, determine whether or not the circumstances warrant the proposal of additional regular positions. The City will be cognizant of its commitment not to use contractors which would cause the layoff of employees covered by this agreement.

3.5 Delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and as such, maximized productivity is recognized to be an obligation of the parties to this Agreement. In order to achieve this goal, the parties hereby recognize the City's right to determine the methods, processes, and means of providing municipal services; the right to increase or diminish operations, in whole or in part; the right to increase, diminish, or change municipal equipment, including the introduction of any and all new, improved, or automated methods or equipment; the assignment of employees to specific jobs within the bargaining unit; the right to temporarily assign employees to a specific job or position outside the bargaining unit; and the right to determine appropriate work outof-class assignments.

3.6 The Union recognizes the City's right to establish and/or revise its performance evaluation system(s). Such systems may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or groups of employees.

In establishing new and/or revising existing performance evaluation system(s) the City shall, prior to implementation, place said changes on an agenda of a Labor-Management meeting for discussion.

ARTICLE 4 EMPLOYEE RIGHTS

4.1 The off-duty activities of employees shall not be cause for disciplinary action unless said activities are a conflict of interest or are detrimental to the employee's work performance or the program or image of the agency.

4.2 The employees covered by this Agreement may examine their personnel files in the departmental Personnel Office in the presence of the Personnel Officer or a designated supervisor. In matters of dispute regarding this Section, no other personnel files will be recognized by the City or the Union except that supportive documents from other files may be used. Materials to be placed into an employee's personnel file relating to job performance or personal conduct or any other material that may have an adverse effect on the employee's employment shall be reasonable and accurate and brought to their attention with copies provided to the employee upon request. Employees who challenge material included in their personnel files are permitted to insert material relating to the challenge.

Files maintained by supervisors regarding an employee are considered part of the employee's personnel file and subject to the requirements of state law, RCW 49.12.240, RCW 49.12.250 and RCW 49.12.260, and any provisions of this Agreement applicable to personnel files, including allowing employee access to such files.

4.3 The City agrees that when an employee covered by this Agreement attends a meeting for purposes of discussing an incident that may lead to suspension, demotion or termination of that employee because of that particular incident, the employee shall be advised of their right to be accompanied by a representative of the Union. If the employee desires Union representation in said matter, they shall so notify the City at that time and shall be provided reasonable time to arrange for Union representation.

4.4 Any performance standards used to measure the performance of employees shall be reasonable.

4.5 The employee who appears to have a substance abuse, behavioral, or other problem that is affecting job performance or interfering with the ability to do the job, shall be encouraged to seek information, counseling, or assistance through private sources that they may be aware of or sources available through the City's Employee Assistance Program. Employees are encouraged to make use of such sources on a self-referral basis and supervisors will assist in maintaining confidentiality. No employee's job security will be placed in jeopardy as a result of seeking and following through with corrective treatment, counseling or advice.

It is the employee's responsibility to correct unsatisfactory job performance or behavioral problems interfering with the ability to perform the job, and failure to do so will result in disciplinary action commensurate with the lack of satisfactory performance or degree of infraction. The employee's department head may hold such disciplinary action in abeyance if the employee agrees:

A. To meet with or advise the Employee Assistance Program Coordinator of the employee's preferred course of treatment; and

B. To follow through on a course of action, treatment or counseling recommended and/or accepted by the Employee Assistance Program Coordinator; and

C. To have such follow-through verified by the Employee Assistance Program Coordinator to the employee's department head or designee.

If the employee fails to follow through as recommended and does not correct their job performance or behavioral problems that interfere with the ability to perform the job, the discipline will be imposed as recommended.

4.6 During the term of the Agreement, the City agrees to meet with the Union to discuss updating, modifying or enhancing Employee Assistance Programs.

ARTICLE 5 UNION MEMBERSHIP AND DUES

5.1 The City agrees to deduct from the paycheck of each employee, who has so authorized it, the regular intake fee and regular monthly dues uniformly required of members of the Union. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. The performance of this function is recognized as a service to the Union by the City. Those individuals paying Agency fees will be afforded payroll deduction the same as Union members.

5.2 The Union agrees to indemnify and save harmless the employer from any and all liability arising out of this Article, except for Sections 5.5 and 5.6.

5.3 It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members (except those employees who are "grandfathered "per the letter of recognition dated November 6, 2000) shall either join the Union or pay monthly an amount equivalent to the regular monthly dues of the Union to the Union; and any employee hired or assigned into the bargaining unit as defined in Section 2.1 of this Agreement shall, by the thirtieth (30th) day following the beginning of such employment, or inclusion within the bargaining unit, either join the Union or pay monthly an amount equivalent to the regular monthly dues of the Union to the Union.

Employees who are determined by the Public Employment Relations Commission to satisfy the religious exemption requirements of RCW 41.56.122 shall pay an amount equivalent to regular Union dues and intake 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.

5.4 Failure by an employee to abide by the afore-referenced provisions 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 noncompliance with Section 5.3 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 Section 5.3.

The contents of the "Request for Discharge Letter" shall specifically request the discharge of the employee for failure to abide by Section 5.3, 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 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.

In the event the employee has not yet fulfilled the obligation set forth within Section 5.3 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. Any disputes regarding the City's failure to discharge the affected employee pursuant to this Section shall be adjudicated by the Public Employment Relations Commission.

5.5 The City will require all employees hired, appointed, reinstated, or reclassified into a position included in the bargaining unit to sign a form, with a copy to the Union, that will inform them of their bargaining unit status. When requested by the Union at no less than monthly intervals, the City department shall make available to the Union the names of employees who have left the bargaining unit.

5.6 On or about May 1 of each calendar year, the City will provide the Union with a current listing of all employees within its bargaining unit.

ARTICLE 6 GRIEVANCE PROCEDURE

6.1 Any dispute between the City and the Union or between the City 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. The following outline of procedure is written as for a grievance of the Union against the City, but it is understood the steps are similar for a grievance of the City against the Union.

6.2 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 unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievance.

6.3 Grievances processed through Step 3 of the grievance procedure shall be heard during normal City working hours unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal City 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 City official convening the meeting.

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

6.5 A grievance in the interest of a majority of the employees in a bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein.

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

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

Step 1 A grievance shall be submitted in writing by the aggrieved employee or the employee and/or Shop Steward within fifteen (15) working days of the alleged contract violation to the employee's immediate supervisor. The grievance shall include a description of the incident and the date it occurred. The immediate supervisor should consult and/or arrange a meeting with their supervisor(s) if necessary to resolve the grievance. The parties agree to make every effort to settle the grievance at this stage promptly. The immediate supervisor(s) shall answer the grievance in writing within ten (10) working days after being notified of the grievance.

Step 2 If the grievance is not resolved as provided in Step 1 above, or if the grievance is initially submitted at Step 2 per Section 6.2, 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 Executive Director or their designee and/or aggrieved employee shall then forward the written grievance to the division head with a copy to the City Director of Labor Relations within ten (10) working days after the Step 1 answer.

With Mediation:

At the time the aggrieved employee and/or the Union submits the grievance to the division head, the Executive Director or his/her designee or the aggrieved employee or the division head may submit a written request for voluntary mediation assistance, with a copy to the Alternative Dispute Resolution (ADR) Coordinator, the City Director of Labor Relations and the Executive Director or his/her designee. If the ADR Coordinator determines that the case is in line with the protocols and procedures of the ADR process, within fifteen (15) working days from receipt of the request for voluntary mediation assistance, the ADR Coordinator or his/her designee will schedule a mediation conference and make the necessary arrangements for the selection of a mediator(s). The mediator(s) will serve as an impartial third party who will encourage and facilitate a resolution to the dispute. The mediation conference(s) will be confidential and will include the parties. The Executive Director or his/her designee and a Labor Negotiator from City Labor Relations may attend the mediation conference(s). Other persons may attend with the permission of the mediator(s) and both parties. If the parties agree to settle the matter, the mediator(s) will assist in drafting a settlement agreement, which the parties shall sign. An executed copy of the settlement agreement shall be provided to the parties, with either a copy or a signed statement of the disposition of the grievance submitted to the City Director of Labor Relations and the Union. The relevant terms of the settlement agreement shall be provided by the parties to the department's designated officials who need to assist in implementing the agreement. If the grievance is not settled within ten (10) working days of the initial mediation conference date, the City Director of Labor Relations, the appropriate division head and the appropriate Executive Director or his/her designee shall be so informed by the ADR Coordinator.

The parties to a mediation shall have no power through a settlement agreement to add to, subtract from, alter, change, or modify the terms of the collective bargaining agreement or to create a precedent regarding the interpretation of the collective bargaining agreement or to apply the settlement agreement to any circumstance beyond the explicit dispute applicable to said settlement agreement.

If the grievance is not resolved through mediation, the division head shall convene a meeting within ten (10) working days after receipt of the notification that the grievance was not resolved through mediation between the aggrieved employee, Shop Steward and/or Union Representative, together with the division head, section manager, and departmental labor relations officer. The City Director of Labor Relations or his/her designee may attend said meeting. Within ten (10) working days after the meeting, the division head shall forward a reply to the Union.

Without Mediation:

The division head shall convene a meeting within ten (10) working days after receipt of the grievance between the aggrieved employee, Shop Steward and/or Union Representative, together with the division head, section manager, and departmental labor relations officer. The City Director of Labor Relations or his/her designee may attend said meeting. Within ten (10) working days after the meeting, the division head shall forward a reply to the Union.

Step 3 If the grievance is not resolved as provided in Step 2 above or if the grievance is initially submitted at Step 3 per Sections 6.2 or 6.5, the grievance shall be reduced to written form, which shall include the same information specified in Step 2 above. The grievance shall be forwarded within ten (10) working days after receipt of the Step 2 answer or if the grievance was initially submitted at Step 3 it shall be submitted within fifteen (15) working days of the alleged contract violation. Said grievance shall be submitted by the Executive Director or their designee and/or aggrieved employee to the City Director of Labor Relations with a copy to the appropriate department head.

Mediation can be requested at Step 3 in the same manner as outlined in Step 2. The grievance must be filed in the time frame specified in Step 3 and responded to in the time frame specified in Step 3 after receipt of notification from the ADR Coordinator that the grievance was not resolved through mediation.

The Director of Labor Relations or their designee shall investigate the grievance and, if deemed appropriate, they shall convene a meeting between the appropriate parties. They shall thereafter make a confidential recommendation to the affected department head who shall in turn give the Union an answer in writing ten (10) 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 Union's receipt of the City's Step 3 response or the expiration of the City's time frame for responding at Step 3, the Union shall file a Demand for Arbitration with the City Director of Labor Relations.

Mediation can be requested at Step 4 in the same manner as outlined in Step 2. The grievance must be submitted to binding arbitration within the time frame specified in Step 4 and processed within the time frame specified in Step 4 after receipt of notification from the ADR Coordinator that the grievance was not resolved in mediation.

The City and the Union may, through mutual agreement, submit the issue to mediation/arbitration with a mediator/arbitrator selected by the parties.

After the Demand for Arbitration is filed, the City and the Union will meet to select, by mutual agreement or by alternately striking names, an arbitrator to hear the parties' dispute. The City and the Union hereby agree to formulate and maintain a list of mutually acceptable arbitrators from which the selection will be made. This list shall be valid for the term of this Agreement and any extensions thereof but shall be subject to modification by mutual written agreement of the City and Union.

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 their 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.

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

3. The cost of the arbitrator shall be borne equally by the City and the Union, 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.

An employee covered by this Agreement must upon initiating objections relating to disciplinary action or other actions subject to appeal through either the contract grievance procedure or pertinent Civil Service appeal procedures use either the grievance procedure contained herein or pertinent procedures regarding such appeals to the Civil Service Commission. Under no circumstances may an employee use both the contract grievance procedure and Civil Service Commission procedures relative to the same action. If there are dual filings with the grievance procedure and the Civil Service Commission, the City will send a notice of such dual filings by certified mail to the employee(s) and the Union. The Union will notify the City within fifteen (15) calendar days from receipt of the notice if it will use the grievance procedure. If no such notice is received by the City, the contractual grievance shall be deemed to be withdrawn.

6.7[CoS1] Arbitration awards or grievance settlements shall not be made retroactive beyond the date of the occurrence or nonoccurrence upon which the grievance is based, that date being fifteen (15) working days or less prior to the initial filing of the grievance.

6.8 The parties have agreed, through a Memorandum of Agreement, to adopt the following procedures attached thereto that were developed by the Citywide Labor-Management Committee on Progressive Discipline:

A. Either party may request that grievances submitted to arbitration be subjected to a confidential Peer Review by a committee of peers from management or labor, respectively, in which case the time lines of the grievance procedure will be held in abeyance pending the completion of the Peer Review process; and

B. Either party may make an Offer of Settlement to encourage settlement of a grievance in advance of a scheduled arbitration hearing, with the potential consequence that the party refusing to accept an Offer of Settlement may be required to bear all of the costs of arbitration, excluding attorney and witness fees, contrary to Section 6.6, Step 4, Number 3, above.

The parties may mutually agree to alter, amend, or eliminate these procedures by executing a revised Memorandum of Agreement.

6.9 A reclassification grievance will be initially submitted by the Union in writing to the Director of Labor Relations, with a copy to the Department. The Union will identify in the grievance letter the name(s) of the grievant(s), their current job classification, and the proposed job classification. The Union will include with the grievance letter a Position Description Questionnaire (PDQ) completed and signed by the grievant(s). At the time of the initial filing, if the PDQ is not submitted, the Union will have sixty (60) working days to submit the PDQ to Labor Relations. After initial submittal of the grievance, the procedure will be as follows:

A. The Director of Labor Relations, or designee, will notify the Union of such receipt and will provide a date (not to exceed six [6] months from the date of receipt of the grievance) when a proposed classification determination report responding to the grievance will be sent to the Union.

The Director of Labor Relations, or designee, will provide notice to the Union when, due to unforeseen delays, the time for the classification review will exceed the six (6) month period.

B. The Department Director, upon receipt of the proposed classification determination report from the Director of Labor Relations, or designee, will respond to the grievance in writing.

C. If the grievance is not resolved, the Union may, within thirty (30) days of the date the grievance response is received, submit to the Director of Labor Relations a letter designating one of the following processes for final resolution:

1. The Union may submit the grievance to binding arbitration per Section 6.6 (Step 4); or

2. The Union may request the classification determination be reviewed by the Classification Appeals Board, consisting of two members of the Classification/Compensation Unit and one human resource professional from an unaffected department. The Classification Appeals Board will, whenever possible, within ten (10) working days of receipt of the request, arrange a hearing; and, when possible, convene the hearing within thirty (30) working days. The Board will make a recommendation to the Personnel Director within forty-five (45) working days of the appeal hearing. The Director of Labor Relations, or designee, will respond to the Union after receipt of the Personnel Director's determination. If the Personnel Director affirms the Classification Board recommendation, that decision shall be final and binding and not subject to further appeal. If the Personnel Director does not affirm the Classification Appeals Board recommendation within fifteen (15) working days, the Union may submit the grievance to arbitration per Section 6.6 (Step 4).

ARTICLE 7 WORK STOPPAGES

7.1 The City and the Union agree that the public interest requires the efficient and uninterrupted performance of all City 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 Union shall not cause any work stoppage, strike, slowdown or other interference with City functions by employees under this Agreement, and should same occur, the Union agrees to take appropriate steps to end such interference. Employees shall not cause or engage in any work stoppage, strikes, slowdown or other interference with City 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 City; including but not limited to the recovery of any financial losses suffered by the City.

ARTICLE 8 PROBATIONARY PERIOD AND TRIAL SERVICE PERIOD

8.1 The following shall define terms used in this Article:

Probationary Period A twelve (12) month period of employment following an employee's initial regular appointment within the Civil Service to a position.

Regular Appointment The authorized appointment of an individual to a position in the Civil Service.

Trial Service Period/Regular Subsequent Appointment A twelve (12) month trial period of employment of a regular employee beginning with the effective date of a subsequent, regular appointment from one classification to a different classification through promotion or transfer to a classification in which the employee has not successfully completed a probationary or trial service period or rehire from a Reinstatement Recall List to a department other than that from which the employee was laid off.

Regular Employee An employee who has successfully completed a twelve (12) month probationary period and has had no subsequent break in service as occasioned by quit, resignation, discharge for just cause, or retirement.

Revert To return an employee who has not successfully completed their trial service period to a vacant position in the same class and former department (if applicable) from which they were appointed.

Reversion Recall List If no such vacancy exists to which the employee may revert, they will be removed from the payroll and their name placed on a Reversion Recall List for the class/department from which they were removed.

8.2 Probationary Period/Status of Employee Employees who are initially appointed to a position shall serve a probationary period of twelve (12) months.

A. The probationary period shall provide the department with the opportunity to observe a new employee's work, to train and aid the new employee in adjustment to the position, and to terminate any employee whose work performance fails to meet the required standards.

B. An employee shall become regular after having completed their probationary period unless the individual is dismissed under provisions of Section 8.3 and 8.3A below.

C. An employee's probationary period may be extended up to six (6) additional months by written mutual agreement between the department, the employee and the Union, subject to approval by the Personnel Director prior to the expiration of the initial twelve (12) month probationary period.

8.3 Probationary Period/Dismissal An employee may be dismissed during their probationary period after having been given written notice five (5) working days prior to the effective date of dismissal. However, if the department believes the best interest of the City requires the immediate dismissal of the probationary employee, written notice of only one (1) full working day prior to the effective date of the dismissal shall be required. The reasons for the dismissal shall be filed with the Director of Personnel and a copy sent to the Union.

A. An employee dismissed during their probationary period shall not have the right to appeal the dismissal. When proper advance notice of the dismissal is not given, the employee may enter an appeal (for payment of up to five (5) days' salary), which the employee would have otherwise received had proper notice been given. If such a claim is sustained, the employee shall be entitled to the appropriate payment of salary but shall not be entitled to reinstatement.

8.4 Trial Service Period An employee who has satisfactorily completed their probationary period and who is subsequently appointed to a position in another classification shall serve a twelve (12) month trial service period, in accordance with Section 8.1.

A. The trial service period shall provide the department with the opportunity to observe the employee's work and to train and aid the employee in adjustment to the position, and to revert such an employee whose work performance fails to meet required standards.

B. An employee who has been appointed from one classification to another classification within the same or different department and who fails to satisfactorily complete the trial service period shall be reverted to a vacant position within that department and classification from which they were appointed.

C. Where no such vacancy exists, such employee shall be given fifteen (15) calendar days' written notice prior to being placed on a Reversion Recall List for their former department and former classification and being removed from the payroll.

D. An employee's trial service period may be extended up to three (3) additional months by written mutual agreement between the department, the employee and the Union, subject to approval by the Personnel Director prior to expiration of the trial service period.

E. Employees who have been reverted during the trial service period shall not have the right to appeal the reversion.

F. The names of regular employees who have been reverted for purposes of re-employment in their former department shall be placed upon a Reversion Recall List for the same classification from which they were promoted or transferred for a period of one (1) year from the date of reversion.

G. If a vacancy is to be filled in a department and a valid Reversion Recall List for the classification for that vacancy contains the name(s) of eligible employees who have been removed from the payroll from that classification and from that department, such employees shall be reinstated in order of their length of service in that classification. The employee who has the most service in that classification shall be the first reinstated.

H. An employee whose name is on a valid Reversion Recall List for a specific job classification who accepts employment with the City in that same job classification shall have their name removed from the Reversion Recall List. Refusal to accept placement from a Reversion Recall List to a position the same, or essentially the same, as that which the employee previously held shall cause an employee's name to be removed from the Reversion Recall List, which shall terminate rights to reemployment under this Reversion Recall List provision.

I. A reverted employee shall be paid at the step of the range that they normally would have received had they not been promoted or transferred.

8.5 Subsequent Appointments During Probationary Period or Trial Service Period If a probationary employee is subsequently appointed in the same classification from one department to another, the receiving department may, with approval of the Personnel Director, require that a complete twelve (12) month probationary period be served in that department. If a regular employee or an employee who is serving a trial service period is subsequently appointed in the same classification from one department to another, the receiving department may, with the approval of the Personnel Director, require that a twelve (12) month trial service period be served in that department.

A. If a probationary employee is subsequently appointed to a different classification in the same or different department, the employee shall serve a complete twelve (12) month probationary period in the new classification. If a regular employee is subsequently appointed to a different classification in the same or different department, the employee shall serve a complete twelve (12) month trial service period in the new classification.

B. Within the same department, if a regular employee is appointed to a higher classification while serving in a trial service period, the trial service period for the lower classification and the new trial service period for the higher classification shall overlap provided that the higher and lower classifications are in the same or a closely related field. The employee shall complete the terms of the original trial service period and be given regular status in the lower classification. Such employee shall also be granted the rights normally accruing to trial service for the remainder of the trial service period in the higher classification.

C. Within the same department, if a probationary employee is regularly appointed to a higher classification while serving in a probationary period, the probationary period and the new trial service period for the higher classification shall overlap provided the higher and the lower classifications are in the same or a closely related field. The employee shall complete the term of the original probationary period and be given regular standing in the lower class. Such employee shall also be granted the rights normally accruing to trial service for the remainder of the trial service period in the higher classification.

8.6 The probationary period shall be equivalent to twelve (12) months of service following regular appointment. Occasional absences due to illness, vacations, jury duty, and military leaves shall not result in an extension of the probationary period, but upon approval of the Personnel Director, an employee's probationary period may be extended so as to include the equivalent of a full twelve (12) months of actual service where there are numerous absences.

8.7 Nothing in this Article shall be construed as being in conflict with provisions of Article 20.

ARTICLE 9 CLASSIFICATION AND RATES OF PAY

9.1 The classifications of employees covered by this Agreement and the corresponding rates of pay are set forth in the Appendix, which is attached hereto and made a part of this Agreement.

9.2 Effective January 2, 2002, member's individual rates of pay shall receive either the market adjustment established for the IT Professional B's and C's or 3.5%, whichever is greater.

9.3 Effective January 1, 2003, the rates of pay, referenced in 9.2 above shall be increased by the greater of either the market adjustment established for the IT Professional B's and C's or one hundred percent (100%) of the percentage increase in the SeattleTacoma-Bremerton Area Consumer Price Index for June 2002, over the same index for June 2001; 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.

9.4 Effective December 31, 2003, the base wage rates referenced in 9.3 above shall be increased by the greater of either the market adjustment established for the IT Professional B's and C's or one hundred percent (100%) of the percentage increase in the SeattleTacoma-Bremerton Area Consumer Price Index for June 2003 over the same index for June 2002; 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.

9.4.1 In the event the "Consumer Price Index" becomes unavailable for purposes of computing any one (1) of the above-mentioned 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.

9.4.2 The Union may appoint one representative to the Salary Survey Committee.

9.5 The City and the Union agree that when the duties and responsibilities of a position within the bargaining unit change dramatically during the term of this Agreement, the effect of said change as it relates to bargaining unit jurisdiction and/or salary shall be a proper subject for negotiations upon the request of either party. Such negotiations shall commence at the earliest possible date thereafter.

9.6[CoS2] Salary Placement Review Process

The process defined in this provision shall be the sole and exclusive process available to employees represented by the Union with respect to the review and resolution of a dispute concerning the issues set forth in Step 1, below, and the parties acknowledge and affirm that nothing associated therewith shall be subject to review by the Civil Service Commission.

Step 1 If an employee believes their compensation is not equitable or that there has been a substantive change in duties, responsibility, complexity, or difficulty that could result in a change in salary placement within the assigned Information Technology Professional pay band, the employee may submit in memorandum format a request for review outlining the reasons for the request to their Department Director or designee. The Department Director or designee will respond to the employee in writing within forty-five (45) working days.

Step 2 If the Department Director's written response does not resolve the appeal, the Union or the employee may submit a request for review by the Salary Placement Review Board in written form with the same information specified in Step 1 above to Personnel Department's Classification/Compensation Director with a copy to the Union and the City Director of Labor Relations. The appeal request shall be forwarded within ten (10) working days after receipt of the Step 1 answer.

Step 3 The Classification/Compensation Director will, whenever possible, within ten (10) working days of receipt of the request for review arrange a hearing; and, when possible, convene the hearing within thirty (30) working days. The Salary Placement Review Board will consist of the Classification/Compensation Director, an Information Technology Director from the employee's Department or the Department Director's designee, and an Information Technology Director from an unaffected department. The employee's direct supervisor is not a permissible member of the Board. The Board will make a recommendation to the Personnel Director within forty-five (45) working days of the appeal hearing. The Director of Labor Relations, or designee, will respond to the Union after receipt of the Personnel Director's determination. The Personnel Director's determination is final and binding. If within fifteen (15) working days, the Personnel Director does not affirm the finding of the Review Board and does not refer the recommendation back to the Board for further review, the recommendation stands.

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

The above decision may be subject to the grievance process per Section 6.6 on the basis of the decision being arbitrary, capricious or illegal.

9.7 A. Every position in the bargaining unit shall be classified at the direction of the Personnel Director and allocated to its appropriate class in accordance with the character, difficulty and responsibility of its designated duties. Positions shall be allocated to a given class when:

1. The same descriptive title may be used to designate each position in the class;

2. The same level of education, experience, knowledge, ability and other qualifications may be required of incumbents; and

3. One schedule of compensation will apply with equity under substantially the same employment conditions.

B. All classes involving the same character of work but differing as to level of difficulty and responsibility shall be assembled into a class series.

C. Compensation or salary shall not be the sole factor in determining the classification of any position or the standing of any incumbent.

D. In allocating any position to a class consideration shall be given to the general duties, the specific tasks, the responsibilities, the required and desirable qualifications for such position, and the relationship thereof to other classes. An example of a typical task or a combination of two or more examples shall not be taken as determining that a position should be included within a class.

E. No one whose position has been allocated to its appropriate class shall be assigned or required to perform duties generally performed by persons holding positions in other classes, except in case of emergency or for limited periods of time when approved by the Personnel Director; provided that nothing in this provision shall be construed as preventing the assignment of duties of a higher rank as part of a training period, or for relief periods, and provided, further, the clause in any specification "and to perform related work as required" shall be liberally construed.

9.8 A. Whenever the title of a class is changed without a change in duties or responsibilities, the incumbent shall have the same status in the retitled class as they held in the former class.

B. When a position is reclassified to a class of a higher level, the Personnel Director may grant the incumbent of the position the same status in the new class as they had held in the former class, if the Personnel Director finds:

1. That the reason for the reclassification of the position is the gradual accretion of new duties and responsibilities over a period of six (6) months or more immediately preceding the effective date of said reclassification; and

2. That such accretion of duties has taken place during the incumbency of the present incumbent in said position.

The Personnel Director, before recognizing status of an incumbent under the above circumstances, may require such evidence of their qualifications and fitness; and may conduct hearings, investigations, and/or qualifying examinations deemed appropriate.

C. Whenever a position is reclassified from one class to a higher class and the conditions in B, above, are not met, the incumbent shall not continue in the position, except temporarily, unless they receive an appointment thereto in accordance with this Agreement.

D. Whenever a position is reclassified from one class to a lower class, the regular incumbent may, with the concurrence of the appointing authority and the Personnel Director, elect to take a voluntary reduction to the lower class; or at their option and with the concurrence of the appointing authority and the Personnel Director, they may remain in the reclassified position for a temporary period as limited by the Personnel Director only until transferred to another position in the class in which they have regular standing.

E. Hours worked out-of-class shall apply toward seniority within the class for purposes of layoff if the employee is appointed, or their position reclassified, to the same title as the out-of-class assignment within twelve (12) months of the end of such assignment.

F. An employee demoted because of inability to meet established performance standards from a regular full-time or part-time Information Technology Professional C or B position to a position in a class having a lower non-broadband salary range shall be paid the salary step in the lower range determined as follows:

1. 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.

2. 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 that, without increase, is nearest to the salary rate to which such employee was entitled in the higher class; provided that the employee shall receive not less than the minimum salary of the lower range.

G. An employee reduced because of organizational change or reduction in force from a regular full-time or part-time Information Technology Professional C or B position to a position in a class having a lower non-broadband salary range shall be paid the salary rate of the lower range that is nearest to the salary rate to which they were entitled in their former position without reduction, provided that such salary shall in no event exceed the maximum salary of the lower range. An employee reduced from a regular full-time or part-time Information Technology Professional C or B position to a position within the broadband shall receive at least the salary rate associated with the lower position in the broadband class. 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 lower salary range, such employee shall receive the salary they were receiving prior to such second reduction as an "incumbent" for so long as they remain in such position or until the regular salary for the lower class exceeds the "incumbent" rate of pay.

H. 1. When a position is reclassified to a new or different nonbroadband 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.

2. When a position is reclassified to a new or different nonbroadband class, and if the employee's salary prior to reclassification is higher than the maximum salary of the range for such new or different non-broadband class, the employee shall continue to receive such higher salary as an "incumbent" for so long as they remain in such position or until the regular salary for the classification exceeds the "incumbent" rate of pay.

3. When a position is reclassified to a new or different broadband class, and if the employee's salary prior to reclassification is higher than the salary identified for the position within the broadband, they shall continue to receive such higher salary as an "incumbent" for so long as they remain in such position or until the regular salary for the position exceeds the "incumbent" rate of pay.

ARTICLE 10 EMPLOYMENT PROCESS

10.1 All vacant positions in the bargaining unit, which are to be filled by regular appointment, will be advertised at least once in an internal City announcement (except as noted below in 10.1.2) that will be regularly distributed to all departments for posting in places accessible to employees, with a copy to the Union. The filing for each position will be open for at least fourteen (14) calendar days.

10.1.1 Applicants will not be referred from the public talent bank to a particular vacancy until seven (7) calendar days after the posting of that announcement. Waiver of the seven (7) calendar day referral may be requested of the Union.

10.1.2 Exceptions to the requirement in 10.1 are:

A. Fill from a Reinstatement Recall List (Sections 20.5D, E, I, and J);

B. Fill from a Reversion Recall List (Section 8.4F);

C. Employment of a Project Hire candidate (someone laid off from another title, but qualified to do the work--if acceptable to the department appointing authority); or

D. Other good reasons mutually agreed upon on a case-specific basis.

10.1.3 The Personnel Director or their designee will encourage appointing authorities to include notices of exempt, seasonal, and temporary project vacancies in the regularly distributed internal City announcement.

10.2 The Personnel Director or their designee will define specific required qualifications for each bargaining unit position advertised. In all cases, the advertised qualifications shall be at least at the level of the established qualifications listed in the pertinent classification specification, but may be closer in focus to address the job-related requirements of the particular position.

10.3 The Personnel Director or their designee will review and approve the general method of selection used in each City department to ensure the selection processes for filling bargaining unit positions are conducted in a reasonable and fair manner. If the Union feels a selection method does not meet the "reasonable and fair" threshold, they may request a meeting with the Personnel Director or their designee to discuss resolution of their concerns. Lacking such resolution, the Union may submit the threshold question to the grievance procedure.

10.3.1 All candidates who are under consideration at a specific step in the process to fill a particular position shall be evaluated in a consistent and uniform manner.

10.4 Each employee applying for consideration for a vacancy will be notified in writing by the responsible City agency at the point in the process where they are no longer being considered in contention for the vacant position.

10.5 On an annual basis, the City will provide the Union with a report that will show the source of hires, so that patterns of appointments between current employees and non-City applicants can be reviewed.

10.5.1 The report will identify all permanent appointments made during the period by name, title, department, EEO category, and previous employment. If the previous employment was from within the City, the previous title and department will be indicated.

10.5.2 On a quarterly basis, for the preceding quarter, the City will provide the Union with a report that will show the number of requests to fill positions affirmatively, actions taken to respond to each request, and the outcome of each request.

10.6 The Personnel Director or their designee will audit each selection and appointment within the bargaining unit to ensure the appointee meets the advertised qualification standard. Results of each audit will be provided to the Union.

10.7 The Personnel Director or their designee will maintain a Reinstatement Recall List for one (1) year of employees laid off due to lack of work, lack of funds, or reorganization in a specific title. Should a vacancy occur in the title in any City department during the ensuing year, the hiring department must consider the names on the Reinstatement Recall List for staffing the vacancy.

10.7.1 In all cases, if an appointment is to be made from other than the Reinstatement Recall List, the appointing authority must submit a written statement of the reason therefor to the Personnel Director or their designee at the time of the qualification/appointment audit.

10.8 The City commits to filling sixty percent (60%) of all permanent vacancies within a calendar year by the appointment of current City employees to higher-level positions, unless unanticipated and extraordinary events occur that affect the City's ability to comply. Examples of such events include the impact of natural disasters, major economic crises, jurisdictional change by accretion or deletion of current City functions, and preeminent legal requirements.

10.9 Should the annual review provided for in Section 10.5 above reveal a deviation from the balance committed to in Section 10.8 above, the City will convene a joint committee with the Union to develop specific strategies to correct the imbalance. Strategies to be considered may include measures such as the set-aside of certain title vacancies for appointment of a current employee; formal upward mobility crediting plans or formal preparation programs; additional training resources; and development of bridge classes to develop employee potential. The joint committee will submit the recommended strategies to the Personnel Director for their consideration.

10.9.1 An employee who is selected to participate in a program implemented by the Personnel Director to correct the abovereferenced imbalance and who is unable to successfully complete the program will return to their previous class and department held prior to the selection.

ARTICLE 11 WORK OUTSIDE OF CLASSIFICATION

AND LIMITED TERM ASSIGNMENTS

11.1 Employees who are temporarily 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 higher position are clearly out of the scope of an employee's regular duties for a period of four consecutive hours or longer, shall receive an adjustment in pay to reflect the newly assigned duties. The rate of pay associated with the limited term assignment or out of class opportunity shall be established prior to the offering of the assignment.

11.2 Employees covered by this Agreement 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 position with no change to their regular pay rate.

11.3 If an employee is assigned by the department head or designee, pursuant to this Article, to perform the duties of a higher classification on a continuous basis in excess of sixty (60) calendar days, they 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.

11.4 Out-of-class and limited term assignments shall be formally assigned in advance of the out-of-class or limited term assignment 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 or limited term assignment. Any employee may request that this determination be made. The employee will not carry out any duty of the higherlevel position when such duty is not also a duty of their own position, if the employee is not formally assigned to perform the duties on an out-of-class or limited term assignment basis.

11.5 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 or limited term assignment role in a bona fide emergency, the individual may apply to their department head for retroactive payment of out-ofclass or limited term assignment pay. The decision of the department head as to whether the duties were performed and whether performance thereof was appropriate shall be final.

11.6 The City shall have the sole authority to direct its supervisors as to when to assign employees to a higher classification or a limited term assignment. Employees must meet the minimum qualifications of the higher class or limited term assignment and must have demonstrated, or be able to demonstrate, their ability to perform the duties of the class or assignment. The City 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) a hiring freeze exists and vacancies cannot be filled; (2) extended industrial or off-the-job injury or disability; (3) 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 City 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 good faith basis.

ARTICLE 12 ANNUAL VACATIONS

12.1 Annual vacations with pay shall be granted to eligible employees computed at the rate shown in Section 12.3 for each hour on regular pay status as shown on the payroll, but not to exceed eighty (80) hours per pay period.

12.2 "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 City, up to one hundred and sixty (160) hours per calendar year of unpaid leave of absence may be included as service for purposes of accruing vacation.

12.3 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

12.4 An employee who is eligible for vacation benefits shall accrue vacation from the date of entering City service or the date upon which they 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.

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

12.6 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 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.

12.7 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 head of the department, such lesser fraction of a day as shall be approved by the department head.

12.8 An employee who leaves the City service for any reason after more than six (6) months' service shall be paid in a lump sum for any unused vacation they have previously accrued.

12.9 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.

12.10 Where an employee has exhausted their 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 the Federal Emergency Management Agency (FEMA) may, at their option, use accrued vacation in conjunction with a leave of absence.

12.11 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 employees to the greatest degree feasible.

12.12 Employees with prior regular City service who are regularly appointed to positions within the City shall begin accruing vacation at the rate which was applicable upon their most recent separation from regular City service.

ARTICLE 13 HOLIDAYS

13.1 The following days or days in lieu thereof shall be recognized as holidays without salary deduction:

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

Two Personal Holidays

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 13.4 on those actual days (Saturday or Sunday) for employees who are regularly scheduled to work those days. Payment pursuant to Section 13.4 shall be made only once per affected employee for any one holiday.

13.2 Individuals employed on or before October 1 of a calendar year shall be entitled to use the Personal Holiday as referenced in Section 13.1 of this Article during that calendar year. Individuals employed on or before February 12 of a calendar year shall be entitled to use an additional Personal Holiday during that calendar year. Personal Holidays can be used in the same manner as any earned vacation day. Use of a Personal Holiday shall be requested in writing. When a Personal Holiday has been approved in advance and is later canceled by the City with less than thirty (30) days' notice, the employee shall have the option of rescheduling the day or receiving holiday premium pay per Section 13.4 of this Article for time worked on that day.

13.3 Holidays paid for but not worked shall be recognized as time worked for the purpose of determining weekly overtime.

13.3.1 Weekly Overtime With prior approval by section managers, Police Department employees may volunteer to work a scheduled day off in lieu of working a holiday that falls within the same work week. The holiday paid for, but not worked, shall not be recognized as time worked for the purpose of determining weekly overtime.

13.4 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. Departmental practices in relation to the payment for work on holidays shall continue for the term of this Agreement.

13.5 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 or the normal workday after the holiday; provided, however, employees returning from non-pay leave starting work the day after a holiday shall not be entitled to pay for the holiday preceding their first day of work.

13.6 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.

ARTICLE 14 LEAVES

14.1 A. Sick Leave 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 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:

1. Illness or injury that prevents the employee from performing their regular duties.

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

3. Employee medical or dental appointments.

4. Care of family members as required of the City by the Family Care Act, Chapter 296-130 W.A.C., and/or as defined and provided for by City Ordinance as cited at SMC 4.24.

5. 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.

B. 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 their retirement. 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 their 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.

C. Sick Leave Transfer Program Employees may donate and/or receive sick leave in accord with the terms and conditions of the City'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 6 of this Agreement through Step 3 of Section 6.6. Grievances over Sick Leave Transfer Program disputes shall not be subject to Step 4 (Arbitration) of Section 6.6.

14.2 Change in position or transfer to another 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.

14.3 Compensation for the first four (4) days of absence shall be paid upon approval of the Personnel Director or their 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 their 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 their designee of a request from the employee supported by a report of the employee's physician. Employees shall provide themselves with such medical treatment or take such other reasonable precautions as necessary to hasten recovery and provide for an early return to duty.

14.4 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 their free time for an employer other than the City of Seattle and their illness or disability arises therefrom.

14.5 Prerequisites For Payment

A. Prompt Notification: The employee shall promptly notify their immediate supervisor, by telephone or otherwise, on their first day off due to illness and each day thereafter unless advised otherwise by the immediate supervisor or unless physically impossible to do so. If an employee is on a special work schedule, particularly where a relief replacement is necessary if they are absent, they shall notify their immediate supervisor as far as possible in advance of their scheduled time to report for work.

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, they shall notify their 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 provided 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 their return to duty. However, if they are absent because of illness or injury for more than eighty (80) working hours, they shall then file an application for an indefinite period of time. Each supervisor and foreman shall obtain the necessary forms provided by the Personnel Department and make them available to the employee.

D. Claims to be in Hours: Sick leave shall be claimed in hours to the nearest full hour, a fraction of less than one-half (1/2) hour being disregarded. Separate portions of an absence interrupted by a return to work shall be claimed on separate application forms.

E. 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 their illness or disability. It is the responsibility of their department to verify that sick leave accounts have not been overdrawn; and if a claim exceeds the number of hours an employee has to their credit, the department shall correct their application.

14.6 Industrial Injury or Illness

A. Any employee who is disabled in the discharge of their duties and if such disablement results in absence from their 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 and 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 their 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 their regular duties (up to a maximum of eighty percent [80%] of the employee's normal hourly rate of pay per day) shall be reinstated by Industrial Insurance 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 14.6A.

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 their 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 14.6A. 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 14.6A.

G. Any employee eligible for the benefits provided by this Ordinance whose disability prevents them from performing their regular duties but, in the judgment of their physician could perform duties of a less strenuous nature, shall be employed at their 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 14.6A.

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.

14.7 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 leave 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 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.

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

14.9 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.

14.10 Leaves of Absence

A. A leave of absence without pay for a period not exceeding sixty (60) consecutive days may be granted by the appointing authority of a department.

B. A request for a leave of absence longer than sixty (60) days bearing the favorable recommendation of the employee's appointing authority may be granted by the City Personnel Director.

C. No employee shall be given leave to take a position outside the City service for more than sixty (60) days in any calendar year, except where it appears in the best interests of the City.

All requests for leaves of absence are to be requested in writing as far in advance as possible, stating all pertinent details and the amount of time requested.

At the expiration of the authorized leave of absence, a member of the bargaining unit shall resume their same class of work; however, standing and service credit shall be frozen at the commencement of the leave of absence and shall not continue to accrue until the employee returns from said leave.

ARTICLE 15 HEALTH CARE, DENTAL CARE, LIFE INSURANCE,

AND LONG-TERM DISABILITY INSURANCE

15.1 Effective January 1, 2002, the City shall provide medical, dental, and vision plans (initially Group Health, Aetna Traditional and Aetna Preventive as self-insured plans, 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 2002, 2003 and 2004, the selection, addition and/or elimination of medical, dental and vision benefit plans, and changes to such plans including, but not limited to, changes in benefit levels, co-pays and premiums, 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.

15.1.1 During calendar year 2002, the City shall pay one hundred percent (100%) of the increased monthly premium costs for medical, dental, and vision coverage.

15.1.2 For calendar years 2003 and 2004, during the term of this Agreement, the City shall pay the equivalent of 107% of the average City cost of 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, for any of the medical, dental and vision plans agreed upon by the Committee.

15.1.3 Employees who retire and are under the age of sixty-five (65) shall be eligible to enroll in retiree medical plans that are experience-rated with active employees.

15.1.4 Effective January 1, 1999, 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).

15.2 Life Insurance The City 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 City shall pay forty percent (40%) of the monthly premium at a premium rate established by the City and the carrier. Premium rebates received by the City from the voluntary Group Term Life Insurance option shall be administered as follows:

A. Commencing with the signing of this Agreement, future premium rebates shall be divided so that forty percent (40%) can be used by the City to pay for the City'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 15.2 above to be applied to the benefit of employees participating in the Group Term Life Insurance Plan, the City shall notify the Union of that fact.

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

15.3 Long-Term Disability The City will provide a Long-Term Disability Insurance (LTD) program for all eligible employees for occupational and non-occupational accidents or illnesses. The City 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 Dollar ($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 City 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 City shall be no more than the monthly premium rates established for calendar year 2004, for the Base Plan, but not to exceed the maximum limitation on the City's premium obligation per calendar year as set forth within this Section.

15.4 Long-term Care The City will offer an option for employees to purchase a new long-term care benefit for themselves and certain family members.

15.5 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.

15.6 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 16 RETIREMENT

16.1 Pursuant to Ordinance No. 78444, as amended, all eligible employees shall be covered by the Seattle City Employees Retirement System.

ARTICLE 17 UNION REPRESENTATIVES

17.1 The Executive Director or Union Representative of the Union may, after notifying the City official in charge, visit the work location of employees covered by this Agreement at any reasonable time for the purpose of investigating grievances. Such representative shall limit their activities during such investigations to matters relating to this Agreement. City work hours shall not be used by employees or Union Representatives for the conduct of Union business or the promotion of Union affairs.

17.2 The Executive Director and/or Union Representatives shall have the right to appoint a steward at any location where members are employed under the terms of this Agreement. The department shall be furnished with the names of stewards so appointed. Immediately after appointment of its shop steward(s), the Union shall furnish the City Personnel Office with a list of those employees who have been designated as shop stewards. Said list shall be updated as needed. The steward shall see that the provisions of this Agreement are observed, and they shall be allowed reasonable time to perform these duties during regular working hours without suffering a loss in pay. This shall not include processing grievances at Step 4 of the grievance procedure enumerated in Article 6 of this Agreement. Under no circumstances shall shop stewards countermand orders of or directions from the City officials or change working conditions.

17.3 Any charges by management that indicate that a shop steward or Union Representative is spending an unreasonable amount of time in handling grievances or disputes or performing other duties for the Union shall be referred to the Director of Personnel or a designee for discussions with the Executive Director or designee. The City shall have the right to require the Union to refrain from excessive activities, or if after discussion with the Executive Director or designee, the shop steward or Union Representative continues to spend an unreasonable amount of time handling grievances and disputes, management may require written authorization from the steward's supervisor for these activities.

17.4 Where allowable and after prior arrangements have been made, the City may make available to the Union, meeting space, rooms, etc., for the purpose of conducting Union business, where such activities would not interfere with the normal work of the department.

17.5 Any individual member in one of the bargaining units who is directly involved through individual appeal, in a matter being reviewed by the Civil Service Commission, shall be allowed time during working hours without loss of pay to attend such meeting if called to testify.

17.6 Employee's Time at the Bargaining Table Effective July 11, 2001, employees who participate in bargaining as part of the Union's bargaining team during the respective employee's work hours shall remain on paid status without the Union having to reimburse the City for the cost of their time, provided that the following conditions are met:

1. No more than two (2) employees per negotiations session shall be authorized under this provision;

2. Bargaining preparation and meetings of the Union's bargaining team other than actual negotiations shall not be applicable to this provision;

3. No more than an aggregate of one hundred fifty (150) hours of paid time for the negotiation sessions resulting in a labor agreement, including any associated overtime costs, shall be authorized under this provision.

4. If the Union includes more than two (2) employees per negotiations session as members of the Union's bargaining team during the respective employee's work hours or the aggregate of one hundred fifty (150) hours is exceeded, the Union shall reimburse the City for the cost of said employee(s) time, including any associated overtime costs.

This provision shall automatically become null and void with the expiration of the collective bargaining agreement, shall not constitute the status quo, and shall not become a part of any successor agreement unless it is explicitly renegotiated by the parties.

ARTICLE 18 SAFETY STANDARDS

18.1 All work shall be done in a competent and safe manner, and in accordance with the State of Washington Safety Codes. Where higher standards are specified by the City than called for as minimum by state codes, City standards shall prevail.

18.2 At the direction of the City, it is the duty of every employee covered by this Agreement to comply with established Safety rules, promote safety and to assist in the prevention of accidents. All employees covered by this Agreement are expected to participate and cooperate in the overall City Safety Program.

18.3 The City shall provide safe working conditions in accordance with W.I.S.H.A. and O.S.H.A.

18.4 Each steward will be allowed time off with pay to attend departmental safety meetings, pertinent to their work location as scheduled by the appropriate department.

ARTICLE 19 HOURS OF WORK

19.1 Eight (8) hours shall constitute a normal day's work and five (5) consecutive days a normal week's work.

19.2 Employees covered by this Agreement shall be provided a fifteen (15) minute rest period during each half of their workday.

19.3 Employees covered by this Agreement shall be provided a meal time, which shall not exceed one (1) hour.

19.4 All work performed in excess of 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 hourly rate of pay. Consistent past practice with regard to work to be considered as "extraordinary overtime" shall be continued for the term of this Agreement.

NOTE: There is no past practice of work considered to be "extraordinary overtime" in the Police Department, except as provided per SMC 4.20.230.

Employees may make necessary adjustments when approved by the City in their normal daily work hours to avoid working in excess in forty (40) hours in a work week.

19.5 Emergency Call Back An employee covered by this Agreement who is called back to work after completion of their regular shift or work week shall be granted at least the equivalent of two (2) hours pay at the applicable overtime rates.

19.5.1 Definition of an Emergency Call Back A Call Back shall be defined as a circumstance where an employee has left the work premises at the completion of their regular work shift and is required to report back to work prior to the start of their next regularly scheduled work shift. An employee who is called back to report to work before the commencement of their regular work shift shall be compensated in accordance with the Call Back provisions of this Labor Agreement; provided, however, that in the event they are called back to report to work within two (2) hours from the starting time of their next regularly scheduled work shift, they shall be compensated at the overtime rate of pay for only those hours immediately preceding the start of their next regularly scheduled work shift, and the Call Back provision shall not apply.

19.6 Remote Call Back Employees who can resolve an issue on the telephone will be paid at the standby rate; employees who remain on the phone for more than ten minutes and/or logs in on an off-site computer, will be paid the appropriate overtime rate for no less than two hours. Employees who are contacted a second time after the minimum two hours have expired, shall be compensated again at the appropriate overtime rate for a minimum two hour block of time.

[CoS3]19.7 Whenever possible, thirty (30) days advance notice shall be afforded employees covered by this Agreement when temporary shift changes are required by their supervisor.

19.8 For employees covered by this Agreement, overtime shall either be paid at the applicable overtime rate or by mutual consent between the employee and their supervisor, compensated for by compensatory time off at the applicable overtime rate and in such a manner so as not to conflict with the Fair Labor Standards Act (FLSA).

19.9 When necessary, management can require an employee to perform work outside of their regularly scheduled work shift unless health problems prohibit the employee from performing such work. When possible, overtime work will be assigned to employees on a rotation basis within a class series among qualified employees in the work unit on the shift where such overtime work is to be performed.

19.10 A. Meal Reimbursement When an employee is specifically directed by the City to work two (2) hours or longer on the end of their normal work shift of not less than eight (8) hours 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 their 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 Ordinance 111768. In order to receive reimbursement, the employee must furnish the City with a dated receipt for said meal no later than the beginning of their next regular shift; otherwise, the employee shall be paid a maximum Six Dollars ($6.00) in lieu of reimbursement for the meal.

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

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

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

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

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

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

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

D. When an employee is called out in an emergency to work two (2) hours or longer of unscheduled overtime immediately prior to their normal eight (8) hour work shift of not less than eight (8) hours, said employee shall be eligible for meal reimbursement pursuant to this section; provided, however, if the employee is not given time off to eat a meal within two (2) hours after completion of the overtime, the employee shall be paid a maximum of Six Dollars ($6.00) in lieu of reimbursement for the meal. Any time spent consuming a meal during working hours shall be without compensation.

E. 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.

19.11 Four-Day Work Week and Other Alternative Work Schedules It is hereby agreed that the City may, notwithstanding Sections 19.1, 19.5 of this Article, upon notice to the Union, agree to a four (4) day, forty (40) hour work week or other alternative work schedule affecting employees covered by this Agreement subject to such terms and conditions established by each department. In administering the four (4) day, forty (40) hour work week and other alternative work schedules, the following working conditions shall prevail:

A. Employee participation shall be on a voluntary basis.

B. Vacation benefits shall be accrued and expended on an hourly basis.

C. Sick leave benefits shall be accrued and expended on an hourly basis.

D. Holidays shall be granted in accordance with Article 13 of this Agreement.

E. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If a holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. This schedule will be followed unless the employee and their supervisor determine that some other day will be taken 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.

19.12 Whenever an employee covered by this Agreement is placed on standby duty by the City, the employee shall be available to respond to emergency calls and, when necessary, return immediately to work. Employees who are placed on standby duty by the City shall be paid at the rate of ten percent (10%) of the employees' straight-time hourly rate of pay for all hours assigned.

When an employee is required to return to work while on standby duty, the standby pay shall be discontinued for the actual hours on work duty and compensation shall be provided in accordance with Section 19.5, or Section 19.6.

19.13 Temporary Work at Other than Regular Location Employees who are temporarily assigned to work at a location other than their regular place of employment shall receive additional compensation equivalent to two (2) hour's regular base rate of pay for each night of required absence from their residence. This payment shall not apply to training.

ARTICLE 20 TRANSFER, VOLUNTARY REDUCTION,

LAYOFF, AND SERVICE CREDIT

20.1 Transfer:

A. The transfer of an employee shall not constitute a promotion except as provided in Section 20.1C5 of this Article.

B. Intra-departmental transfers: An appointing authority may transfer an employee from one position to another position in the same class in their department without prior approval of the Personnel Director but must report any such transfer to the Personnel Department within five (5) days of its effective date.

C. Other transfers may be made upon consent of the appointing authorities of the departments involved and with the Personnel Director's approval as follows:

1. Transfer in the same class from one department to another;

2. Transfer to another class in the same or a different department in case of injury in line of duty either with the City service or with the armed forces in time of war, resulting in permanent partial disability, where showing is made that the transferee is capable of satisfactorily performing the duties of the new position.

3. Transfer, in lieu of layoff, may be made to a position in the same class to a different department upon showing that the transferee is capable of satisfactorily performing the duties of the position and that a regular, trial service, or probationary employee is not displaced. The employee subject to layoff shall have this opportunity to transfer, provided there is no one on the Reinstatement Recall List for the same class for that department. If there is more than one employee eligible to transfer, in lieu of layoff, in the same job title, the employee names shall be placed on a Layoff Transfer List in order of job class seniority. Eligibility to choose this opportunity to transfer is limited to those employees who have no rights to other positions in the application of the layoff language herein including Section 20.5C.

A department will be provided with the names of eligible employees and their job skills. The department will fill the position with the most senior employee with the job skills needed for the position. The department may test or otherwise affirm the employee has the skills and ability to perform the work.

An employee on the Layoff Transfer List who is not placed in another position prior to layoff shall be eligible for placement on the Reinstatement Recall List pursuant to Section 20.5D.

4. Transfer, in lieu of layoff, may be made to a single position in another class in the same or a different department, upon showing that the transferee is capable of satisfactorily performing the duties of the position, and that a regular, trial service, or probationary employee is not displaced.

5. Transfer, in lieu of layoff, may be made to a single position in another class when such transfer would constitute a promotion or advancement in the service provided a showing is made that the transferee is capable of satisfactorily performing the duties of the position and that a regular, trial service, or probationary employee is not displaced and when transfer in lieu of layoff under Section 20.1C4 of this Article is not practicable.

6. The Personnel Director may approve a transfer under C1, C2, C3, C4, or C5 above with the consent of the appointing authority of the receiving department only, upon a showing of circumstances justifying such action.

7. Transfer may be made to another similar class with the same maximum rate of pay in the same or a different department upon the director's approval of a written request by the appointing authority. Employees transferred pursuant to the provisions of Section 20.1 shall serve probationary and/or trial service period as may be required in Section 8.5.

20.2 Voluntary Reduction:

A. A regularly appointed employee may be reduced to a lower class upon their written request stating their reasons for such reduction, if the request is concurred in by the appointing authority and is approved by the Personnel Director. Such reduction shall not displace any regular, trial service, or probationary employee.

B. The employee so reduced shall be entitled to credit for previous regular service in the lower class and to other service credit in accordance with Section 20.6. Upon a showing, concurred in by the appointing authority of the department, that the reason for such voluntary reduction no longer exists, the Personnel Director may restore the employee to their former status.

20.3 Layoff The City shall notify the Union and the affected employees in writing at least two (2) weeks in advance whenever possible, when a layoff is imminent within the bargaining unit.

20.4 Layoff for purposes of this Agreement shall be defined as:

The interruption of employment and suspension of pay of any regular, trial service, or probationary employee because of lack of work, lack of funds or through reorganization. Reorganization when used as a criterion for layoff under this Agreement shall be based upon specific policy decision(s) by legislative authority to eliminate, restrict or reduce functions or funds of a particular department.

20.5 A. In a given class in a department, the following shall be the order of layoff:

1. Interim appointees;

2. Temporary or intermittent employees not earning service credit;

3. Probationary employees *;

4. Trial service employees * (who cannot be reverted in accordance with Section 8.4B); or

5. Regular employees * in order of their length of service, the one with the least service being laid off first.

* Except as their layoff may be affected by military service.

B. However, the City may lay off out of the order described above for one or more of the reasons cited below:

1. Upon showing by the appointing authority that the operating needs of the department require a special experience, training, or skill.

2. When (1) women or minorities are substantially underrepresented in an EEO category within a department; or (2) a planned layoff would produce substantial under representation of women or minorities; and (3) such layoff in normal order would have a negative, disparate impact on women or minorities; then the Personnel Director shall make the minimal adjustment necessary in the order of layoff in order to prevent the negative disparate impact.

C. At the time of layoff, a regular employee or a trial service employee (per 20.5A(4) above) shall be given an opportunity to accept reduction (bump) to the next lower class in a series of classes in their department or they may be transferred as provided in Section 20.1C4. An employee so reduced shall be entitled to credit for any previous regular service in the lower class and to other service credit in accordance with Section 20.6.

D. Recall The names of regular, trial service, or probationary employees who have been laid off shall be placed upon a Reinstatement Recall List for the same class and for the department from which laid off for a period of one year from the date of layoff.

E. Anyone on a Reinstatement Recall List who becomes a regular employee in the same class in another department shall lose their reinstatement rights in their former department.

F. Refusal to accept work from a Reinstatement Recall List shall terminate all rights granted under this Agreement; provided, no employee shall lose reinstatement eligibility by refusing to accept appointment in a lower class.

G. If a vacancy is to be filled in a given department and a Reinstatement Recall List for the classification for that vacancy contains the names of eligible employees who were laid off from that classification the following shall be the order of the Reinstatement Recall List:

1. Regular employees laid off from the department having the vacancy in the order of their length of service. The regular employee on the Reinstatement Recall List who has the most service credit shall be first reinstated.

2. Trial service employees laid off from the department having the vacancy in the order of their length of service. The trial service employee on the Reinstatement Recall List who has the most service credit shall be first reinstated.

3. Probationary employees laid off from the department having the vacancy without regard to length of service. The names of all these probationary employees shall be listed together on the Reinstatement Recall List.

4. Regular employees laid off from the same classification in another City department and regular employees on a Layoff Transfer List. The regular employee on this combined list who has the most service credit and who has the job skills necessary for the vacant position will be offered employment on a trial basis in said vacancy. The trial service provisions of Article 8, Section 8.4, shall apply.

5. Trial service employees laid off from the same classification in another City department and trial service employees on a Layoff Transfer List. The trial service employee on this combined list who has the most service credit and who has the job skills necessary for the vacant position will be offered employment on a trial basis in said vacancy. The trial service provisions of Article 8, Section 8.4, shall apply.

6. Probationary employees laid off from the same classification in another City department and probationary employees on the Layoff Transfer List without regard to length of service. The names of all these probationary employees shall be listed together on the Reinstatement Recall List.

7. The City may recall laid off employees out of the order described above upon showing by the appointing authority that the operating needs of the department require such experience, training or skill.

8. The Union agrees that employees from other bargaining units whose names are on the Reinstatement Recall List for the same classifications shall be considered in the same manner as employees of this bargaining unit, provided the Union representing those employees has agreed to a reciprocal right to employees of this bargaining unit. Otherwise, this Section shall only be applicable to those positions that are covered by this Agreement.

H. Nothing in this Article shall prevent the reinstatement of any regular, trial service, or probationary employee for the purpose of appointment to another lateral title or for voluntary reduction in class, as provided in this Article.

20.6 A. For purposes of layoff, service credit in a class for a regular employee shall be computed to cover all service subsequent to their regular appointment to a position in that class and shall be applicable in the department in which employed and specifically as follows:

B. General Provisions:

1. After completion of the probationary period, service credit will be given for employment in the same, an equal or higher class, including service in other departments and shall include temporary or intermittent employment in the same class under regular appointment prior to the regular appointment;

2. A regular employee who receives an appointment to a position exempt from Civil Service shall be given service credit in the former class for service performed in the exempt position;

3. Service credit will be given for previous regular employment of an incumbent in a position that has been reallocated and in which the employee has been continued with recognized standing;

4. Credit will be given for service prior to an authorized transfer;

5. Service credit will be given for time lost during:

a. Jury duty;

b. Disability incurred in line of service;

c. Illness or disability compensated for under any plan authorized and paid for by the City;

d. Service as a representative of a Union affecting the welfare of City employees;

e. Service with the armed forces of the United States, including but not to exceed twenty-one (21) days prior to entry into active service and not to exceed ninety (90) days after separation from such service.

C. No service credit shall be given:

1. For service of a regular employee in a lower class to which they have been reduced and in which they have not had regular standing, except from the time of such reduction;

2. For any employment prior to a separation from the Civil Service other than by a resignation that has been withdrawn within sixty (60) days from the effective date of the resignation and such request for withdrawal bears the favorable recommendation of the appointing authority and is approved by the Personnel Director.

20.7 The City agrees to support employees facing layoff by providing the Project Hire program during the term of this Agreement. If a department is hiring for a position in which the employee is qualified, and if no business reason would otherwise make the employee unsuitable for employment, the employee will be interviewed for the vacancy. This provision does not create any guarantee or entitlement to any position. The Project Hire guidelines apply.

ARTICLE 21 BULLETIN BOARDS

21.1 The City shall provide bulletin board space for the use of the Union in areas accessible to the members of the bargaining units; provided, however, that said space shall not be used for notices that are political in nature. All material posted shall be officially identified as International Federation of Professional and Technical Engineers, Local 17. A copy of all material to be posted will be provided to the appropriate departmental Labor Relations Officer, Personnel Manager, or designated representative prior to posting.

ARTICLE 22 DISCIPLINARY ACTIONS

22.1 The City may suspend, demote, or discharge an employee for just cause.

22.2 The parties agree that in their respective roles primary emphasis shall be placed on preventing situations requiring disciplinary actions through effective employee-management relations. The primary objective of discipline shall be to correct and rehabilitate, not to punish or penalize. To this end, in order of increasing severity, the disciplinary actions that the City may take against an employee include:

A. Verbal warning;

B. Written reprimand;

C. Suspension;

D. Demotion; or

E. Termination.

Which disciplinary action is taken depends upon the seriousness of the affected employee's conduct.

22.3 In cases of suspension or discharge, the specified charges and duration, where applicable, of the action shall be furnished to the employee in writing not later than one (1) working day after the action became or becomes effective. An employee may be suspended for just cause pending demotion or discharge action.

22.4 An employee covered by this Agreement must, upon initiating objections relating to disciplinary action, use either the grievance procedure contained herein or pertinent procedures regarding disciplinary appeals to the Civil Service Commission. Under no circumstances may an employee use both the contract grievance procedure and Civil Service Commission procedure relative to the same disciplinary action.

22.5 Nothing in this Article shall be construed as being in conflict with Section 6.8 of this Agreement and the therein referenced Memorandum of Agreement.

22.6 The City will not reduce a regular employee's hours as a means of and/or in lieu of addressing disciplinary matters.

ARTICLE 23 LABOR-MANAGEMENT COMMITTEES

23.1 The City and Union 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 labor-management meetings during the term of this Agreement shall be as agreed by the parties. The Union shall be permitted to designate members and/or stewards in affected department(s) to assist its Union Representatives in such meetings. The purpose of labor-management meetings is to deal with matters of general concern to the Union and management.

23.1.1 Inter-department Labor-Management Committees will be a forum for addressing workplace issues that affect more than one City department. Membership will be made up of management from the affected departments, Labor Relations, Local 17 Union Representatives, and employees/stewards from the participating departments.

23.1.2 Intra-department Labor-Management Committees will be a forum for addressing issues in a single department. Membership will be made up of management, Labor Relations, Local 17 Union Representatives, and employees/stewards. This committee will also be the vehicle that charters Employee Involvement Committees.

23.1.3 Work Unit Labor-Management Committees will be a forum for addressing issues that affect a work unit in one department. Membership will be made up of management, Labor Relations, Local 17 Union Representatives, and employees/stewards.

23.1.4 During the term of this agreement, the Union or Management may raise topics including but not limited to assessment tools (Salary Placement Authorization Form, Point Factor Matrix and PDQ); career paths; and skills based management.

Note: 23.1.1, 23.1.2, 23.1.3, and 23.1.4 may include Union Representatives from other Unions.

23.2 The Labor-Management Leadership Committee will be a forum for communication and cooperation between labor and management to support the delivery of high-quality, cost-effective service to the citizens of Seattle while maintaining a high-quality work environment for City employees.

The management representatives to the committee will be determined in accordance with the Labor-Management Leadership Committee Charter. The Coalition of the City Unions will appoint a minimum of six (6) labor representatives and a maximum equal to the number of management representatives on the Committee. The Co-Chairs of the Coalition will be members of the Leadership Committee.

23.3 Labor and management support continuing efforts to provide the best service delivery and the highest quality service in the most cost-effective manner to the citizens of Seattle. Critical to achieving this purpose is the involvement of employees in sharing information and creatively addressing workplace issues, including administrative and service delivery productivity, efficiency, quality control, and customer service.

Labor and management agree that, in order to maximize participation and results from the Employee Involvement Committees ("EICs") no one will lose employment or equivalent rate of pay with the City of Seattle because of efficiencies resulting from an EIC initiative.

In instances where the implementation of an EIC recommendation does result in the elimination of a position, management and labor will work together to find suitable alternative employment for the affected employee. An employee who chooses not to participate in and/or accept a reasonable employment offer, if qualified, will terminate his/her rights under this employment security provision.

ARTICLE 24 - GENERAL CONDITIONS

24.1 Effective as the signing of this contract, a regular fulltime employee covered by this Agreement who is required by the City to provide a personal automobile for use in City business on a full-time basis shall be reimbursed at the rate of Seventy-five Dollars ($75.00) per month for all miles traveled from 01 to 217 miles and shall receive Thirty-four point Five Cents ($.345) per mile for each additional mile.

An employee who is required by the City to provide a personal automobile for use in City business shall be reimbursed for such use at the current rate per mile recognized as a deductible expense by the United States Internal Revenue Code for a privately-owned automobile used for business purposes. The current reimbursement rate is thirty-four and a half cents (34 1/2 cents) for all miles driven in the course of City business.

24.1.1 The cents per mile mileage reimbursement rate cited in Section 24.1 above shall be adjusted up or down to reflect the current rate. The miles traveled (01 to 217, effective as the signing of this contract) as enumerated in Section 24.1 shall be adjusted to the figure derived by dividing $75.00 by the established IRS cents per mile rate in effect on that date.

A regular full-time employee covered by this Agreement who is normally required to provide a personal automobile for use in City business on a full-time basis and is temporarily assigned to office duty for a period of three (3) months or less shall be reimbursed at the rate of Thirty Dollars ($30.00) per month while so assigned in lieu of the above mileage payment.

24.2 Whenever an employee covered by this Agreement is temporarily assigned by the department head or designee to work, i.e., perform their regular duties, at a location other than their normal place(s) of employment, any time, less meal time, consumed in traveling to and from the new location, shall be considered part of the workday. Any time consumed in this travel, less meal time, which is outside of the employee's regular working hours, shall be compensated at the applicable overtime rate.

The above provision does not apply to travel time from one's usual place of residence to their place of work, nor does it apply to travel time for seminars, conventions, etc., unless specifically authorized in writing by proper authorities.

24.3 All written policies and procedures addressing working conditions enumerated in this Agreement promulgated by departments employing individuals covered by this Agreement shall be furnished to the Union.

24.4 In accordance with SMC 4.64, as amended, the City agrees to defend and pay any proper claim against City employees in connection with any claims for damage and/or litigation arising from conduct, acts or omissions of such employees in the scope and course of their employment with the City of Seattle.

24.5 The City will subsidize the cost of monthly transit passes for personal use by employees by not less than Fifteen Dollars ($15.00) per month for employees who purchase such passes. Any future increase in transit subsidy enacted by the City will be passed along to bargaining unit members.

24.6 Shift Differential Pay An employee who is scheduled to work not less than four (4) hours of their 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

$.50 per hour

$.60 per hour

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, bereavement/funeral leave, etc. The shift differential will be paid to employees working overtime only if they work four (4) or more consecutive hours on the extra shift, in which case it will be paid for all hours of overtime work for that shift.

Shift definition shall be governed by department practice except in the Police Department where the swing shift period shall encompass the hours from 3:30 p.m. to 11:30 p.m., and the graveyard shift period shall encompass the hours from 11:30 p.m. to 7:30 a.m.

24.7 Early Mediation The City and the Union encourage the use of the "Early Mediation Project" or other alternative dispute resolution (ADR) processes to resolve non-contractual workplace conflicts/disputes. Participation in the project or in an ADR process is entirely voluntary and confidential.

24.8 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 (2) pay periods; and, upon written notice, an overpayment shall be corrected as follows:

A. If the overpayment involved only one (1) paycheck;

1. By payroll deductions spread over two (2) pay periods; or

2. By payments from the employee spread over two (2) 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.

24.9 Ethics and Elections Commission Nothing contained within this Agreement shall prohibit the Seattle Ethics and Elections Commission from administering the Code of Ethics, including, but not limited to, the authority to impose monetary fines for violations of the Code of Ethics. Such fines are not discipline under this Agreement and, as such, are not subject to the Grievance procedure contained within this Agreement. Records of any fines imposed or monetary settlements shall not be included in the employee's personnel file. Fines imposed by the Commission shall be subject to appeal on the record to the Seattle Municipal Court.

In the event the employer acts on a recommendation by the Commission to discipline an employee, the employee's contractual rights to contest such discipline shall apply. No record of the disciplinary recommendations by the Commission shall be placed in the employee's personnel file unless such discipline is upheld or unchallenged. Commission hearings are to be closed if requested by the employee who is the subject of such hearing.

24.10 A. 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, 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.

B. 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, 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 a given City 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 that 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.

Employee Parking: -

A. A joint Labor-Management Committee shall be established within two (2) months following ratification of the Tentative Agreement between the parties that contains this Memorandum of Understanding. Said Committee shall be composed of six (6) members appointed by the City and six (6) members appointed by the Coalition of City Unions. The purpose for said Committee shall be to mutually examine the issues associated with employee parking brought forward by both the City and the Coalition of City Unions with a commitment that a good faith effort will be made by the Committee to identify options to address the issues for submission to the Coalition of City Unions, the Mayor and the City Council not less than eight (8) months following the ratification of the Tentative Agreement referenced herein. As part of the deliberations of the Committee, the respective appointees (City and Union) shall be responsible for communicating with their respective constituents for the purpose of helping to insure that the options ultimately submitted by the Committee to the Coalition of City Unions, the Mayor and the City Council will be ratified.

B. If the City intends to implement a flexcar program in a manner that would constitute a benefit for any employee(s) represented by a Union that is a member of the Coalition of City Unions, the parties agree to open negotiations to establish the elements of said program that are mandatory subjects of bargaining prior to program implementation.

C. The City shall take such actions as may be necessary so that employee costs directly associated with their City employment for public transportation and/or parking in a City owned facility paid through payroll deduction will be structured in a manner whereby said costs are tax exempt, consistent with applicable IRS rules and regulations. Said actions shall be completed for implementation of this provision no later than January 1, 2003.

D. In exchange for all of the foregoing, the parties to this Memorandum of Understanding hereby acknowledge and affirm that a past practice shall not have been established obligating the City to continue to provide employee parking in an instance where employees were permitted to park on City property at their work location if the City sells the property, builds on existing parking sites, or some other substantial change in circumstance occurs. However, the City shall be obligated to bargain the impacts of such changes.

ARTICLE 25 - TRAINING

25.1 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.

25.2 A. The City and the Union agree that training and employee career development can be beneficial to both the City and the affected employee. Training, career development, and educational needs may be identified by both the City and by the employees. The City will work with employees to develop individual training plans. The City is committed to working to address these training needs within the parameters of available resources.

B. The City shall provide legally-required and City-mandated training. Other available training resources shall be allocated in the following order: business needs and career development. The parties recognize that employees are integral partners in managing their career development.

C. It is in the best interests of both parties to have a well trained Information Technology workforce. To that end, a Joint Union Management Information Technology Training Committee shall be established to discuss the following topics in addition to mutually agreed upon agenda items:

1. Review and problem-solve training needs for employees;

2. Determine how employees will be notified in a timely manner about training opportunities;

3. Discuss how employees will have equal access to appropriate and relevant training;

4. Identify and communicate opportunities for cross-training and mentoring; and

5. Explore and expand career growth opportunities for IT Professionals

The Joint Union Management Information Technology Training Committee shall consist of the members of the Human Resources Information Technology subcommittee, the Chief Technology Officer or his/her designee and representatives of the union. The Joint Union Management Information Technology Training Committee shall convene for two hours every other month or by mutual agreement.

1. The City shall create a Career Quest sub-fund consisting of $45,000 per year that will be available to members for contract years 2003 and 2004. Encumbered funds shall be carried forward for one year. A Labor/Management committee will determine the administration of the Career Quest sub-fund.

25.3 The union shall have two representatives on the Interdepartmental Technology Training Team (IT3).

ARTICLE 26 - SUBORDINATION OF AGREEMENT

26.1 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.

26.2 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 27 - SAVINGS CLAUSE

27.1 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.

27.2 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 28 - ENTIRE AGREEMENT

28.1 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.

28.2 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 29 - TERM OF AGREEMENT

29.1 Upon execution by both parties, this Agreement shall become effective January 1, 2002, or on the signing of this Agreement, whichever is later, and shall remain in effect through December 31, 2004.

Signed this __________ day of _______________, 2001.

INTERNATIONAL FEDERATION OF

PROFESSIONAL AND TECHNICAL

ENGINEERS, LOCAL 17, AFL-CIO

______________________________

Joseph L. McGee, Executive Director

______________________________

Margaret Cary, Union Representative

______________________________

Bargaining Committee Member

______________________________

Bargaining Committee Member

By_________________________________

President

CITY OF SEATTLE

Executed under authority of

Ordinance ____________.

_______________________________

Mayor

_______________________________

Director of Labor Relations

_______________________________

City Representative

_______________________________

City Representative

APPENDIX A

Hourly Base Wage Rates as of January 3, 2001

Information Technology Professional C $22.25 $33.37

Information Technology Professional B $25.69 $38.53

[CoS1]Union countered with 30 days

[CoS2]Add Mike's language

[CoS3]Union wanted to know if this coulod be for permanent schedule changes

18

78

IFPTE, Local 17, Information Technology Professional Agreement

Effective January 1, 2002, through December 31, 2004

jmcklkrc//g:\labor\akord\2001 Ordinance\L17ITPFinal-IT Prof (1)CBA.doc

11/28/01 3:19 PM