collective bargaining agreement between · 26 bona fide religious tenets or teaching of a church or...

COLLECTIVE BARGAINING AGREEMENT BETWEEN

Wenatchee School District No. 246

AND

Food Service Managers

An Affiliate Of

LOCAL846 FS, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEE, AFL-CIO

September 1, 2013 through August 31, 2016

Wenatchee School District No. 246, Food Service Managers/AFSCME Local 846 FSM September 1, 2013 – August 31, 2016

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FOOD SERVICE MANAGERS AGREEMENT TABLE OF CONTENTS

PREAMBLE PAGE ARTICLE I - UNION RECOGNITION 5

Section 1.1 Recognition 5 Section 1.2 Labor Management Committee 5

ARTICLE II - MANAGEMENT RIGHTS 6 ARTICLE III - DUES DEDUCTION 6 ARTICLE IV - WORK RULES 6

Section 4.1 Job Description 6 Section 4.2 Personnel File 7 Section 4.3 Rest Period 7 Section 4.4 District Management Meetings 7 Section 4.5 Mutual Concerns 7 Section 4.6 Food Handler’s Permit 7 Section 4.7 Staff Development 7 Section 4.7A SNA Annual Conference 7 Section 4.8 Substituting for a Higher Position 8

ARTICLE V- WAGES AND HEALTH BENEFITS 8 Section 5.1 Salaries 8 Section 5.2 Salary Adjustments 8 Section 5.2.A Starting Rate Upon Initial Employment 8 Section 5.2.B Pay Range Upon Promotion 8 Section 5.2.C Pay Rate Upon Demotion From Promotion 8 Section 5.2.D Pay Rate Upon Transfer 8 Section 5.2.E. Pay Rate Upon Employee Bumped to a Lower Paying Position: 9 Section 5.3 Differential Pay/Stipend Pay 9 Section 5.4 Salary Proration 9 Section 5.5 New Job Classification 9 Section 5.6 Direct Deposit 9 Section 5.7 Health Benefits 9

ARTICLE VI- OVERTIME & CALLBACK PAY 10 Section 6.1 Work Week 10 Section 6.2 Overtime 10


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Section 6.3 Compensatory Time 10 Section 6.4 Callback Pay 10

ARTICLE VII - HOLIDAYS 10 Section 7.1 Paid Holidays 10 Section 7.2 Day Before and After Holiday 11

ARTICLE VIII- SICK AND EMERGENCY LEAVE 11 Section 8.1 Sick Leave 11 Section 8.2 Part Time Employees 11 Section 8.3 Physician Verification 11 Section 8.4 Notification 12 Section 8.5 Industrial Insurance Payment 12 Section 8.6 Sick Leave Cash Out 12 Section 8.7 Sick Leave Sharing 12

ARTICLE IX - OTHER PAID/UNPAID LEAVES 13 Section 9.1 Jury Duty 13 Section 9.2 Subpoena 13 Section 9.3 Bereavement Leave 14 Section 9.4 Personal Leave 14 Section 9.5 Leave of Absence 14 Section 9.6 Family & Disability Leave 14 Section 9.7 Military Leave 14

ARTICLE X - NON DISCRIMINATION 14 ARTICLE XI - LAYOFFS 15

Section 11.1 Layoffs 15 Section 11.1.A Order of Layoff 15 Section 11.2 Layoffs Due to Contracting Out of Service 15 Section 11.3 Recall 15

ARTICLE XII- UNION VISITS 16 ARTICLE XIII -WORK FORCE CHANGES 16

Section 13.1 Job Opening 16 Section 13.1.A Transfer 16 Section 13.2 Job Assignment 16 Section 13.3 Probation 16

ARTICLE XIV - DISCIPLINE AND DISCHARGE 17 ARTICLE XV - GRIEVANCE PROCEDURE 17

Section 15.1 Disagreements 17


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Section 15.2 Timelines 17 Section 15.3 Grievance Steps 17

ARTICLE XVI - NO STRIKE CLAUSE 18 ARTICLE XVII - TERM AND SEPARABILITY OF PROVISIONS 19

Section 17.1 Term of Agreement 19 Section 17.2 Provisions 19 Section 17.3 Openers 19 Section 17.4 Unlawful Provisions 19 Section 17.5 Conflicts with Statute 19 Section 17.6 Renegotiating 19 Section 17.7 Entire Agreement 19

Food Service Manager’s Salary Schedule 2013-2014 22 Food Service Manager’s Salary Schedule 2015-2016 23


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LABOR AGREEMENT 1 between 2

WENATCHEE SCHOOL DISTRICT NO. 246 3 and 4

LOCAL 846-FSM, WASHINGTON STATE COUNCIL OF COUNTY AND 5 CITY EMPLOYEES, AFL-CIO FOOD SERVICES MANAGERS 6

THIS AGREEMENT is entered into between WENATCHEE SCHOOL DISTRICT NO. 246, 7 a public employer, hereinafter referred to as District, and WASHINGTON STATE COUNCIL 8 OF COUNTY AND CITY EMPLOYEES, AFL-CIO hereinafter referred to as Union: 9 WHEREAS, the Union has been certified by the Public Employment Relations 10 Commission (PERC) for the State of Washington as the exclusive bargaining representative for 11 the District employees hereinafter described, and 12 WHEREAS, the District and the Union in accordance with the Public Employees 13 Collective Bargaining Act (R.C.W. 46.56.010 et seq) have negotiated with respect to wages, 14 hours, and working conditions, and the establishment of grievance procedures, which pertain 15 to the public employees represented by the Union, and 16 WHEREAS, the parties hereto desire to enter into a written agreement with respect to the 17 matters negotiated. 18 NOW, THEREFORE, in consideration of the mutual covenant and promises hereinafter set 19 forth, it is agreed as follows: 20 21

ARTICLE I - UNION RECOGNITION 22 Section 1.1 Recognition 23 The District recognizes the Union as the sole and exclusive bargaining agent for all Food 24 Service Managers in the District's Food Service department. This recognition is for the 25 purpose of negotiating salaries, wages, hours and working conditions of employment. The 26 District recognizes the Union as an affiliate of Washington State Council of County and City 27 Employees, AFL-CIO. 28 Section 1.2 Labor Management Committee 29 The parties agree to jointly maintain and support a Food Service Managers 30 Labor/Management Committee with the aim of promoting communication and 31 understanding between labor and management on issues of mutual concern; and, studying 32 and discussing possible solutions to mutual problems affecting labor management relations. 33 The Committee will meet at the request of either the Union or the District. The Committee 34 may not intervene in, add to or delete from the Collective Bargaining Agreement. The 35 Committee shall consist of no more than three (3) members appointed by the Union and no 36


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more than three (3) members appointed by the District. Committee members will set the 1 guidelines for the Committee’s operation. 2 3

ARTICLE II - MANAGEMENT RIGHTS 4 The Union recognizes the Board of Education as the elected representative of the citizens 5 of Wenatchee School District and that the Board in acting in behalf of the citizens of the 6 District, retains and reserves all powers, rights, authority, duties and responsibilities 7 conferred upon and vested in it by the regulations of the State Board of Education, the 8 Statutes and Constitution of the State of Washington and/or of the United States, and any 9 other law, rule and/or regulation. 10 Neither this Agreement nor the act of negotiating shall be construed to be a delegation to 11 others of the policy-making authority of the Board, which authority the Board specifically 12 reserves unto itself. The management of the District and the direction of the work force is 13 vested exclusively in the Employer subject to the terms of this Agreement. All matters not 14 specifically and expressly covered or treated by the languages of this Agreement may be 15 administered by the District in accordance with such policy or procedure as the District from 16 time to time may determine. Management officials retain the right and obligation to 17 determine the method, number and kinds of personnel by which operations undertaken by 18 employees in the unit are to be conducted. Management prerogatives shall not be deemed to 19 exclude other employer's rights not herein specifically enumerated. 20 21

ARTICLE III - DUES DEDUCTION 22 The District will deduct the authorized dues amount from the managers that sign 23 authorization cards and forward such dues to AFSCME. A manager may withdraw their 24 authorization up to thirty (30) days prior to and September 1. Those individuals who have 25 bona fide religious tenets or teaching of a church or religious body that would prevent them 26 from paying a representation fee shall have deducted from his/her salary an amount of 27 money equivalent to the representation fee. This amount shall be forwarded to a mutually 28 agreed upon charitable organization or scholarship fund in accordance with District 29 reimbursement procedures and RCW’s. 30 31

ARTICLE IV - WORK RULES 32 Section 4.1 Job Description 33 Copies of job descriptions are to be kept in the Human Resource Office. Job descriptions shall 34 be provided upon request by the Union or employee. The District will notify the Union of 35 any changes to a job or modification of the content of existing job descriptions. 36


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Section 4.2 Personnel File 1 An employee shall have the right to review their personnel file by making an appointment for 2 such purpose through the Personnel Office. The employee shall have the right to copy and 3 attach his/her own comments to material made a part of his/her personnel file. 4 Section 4.3 Rest Period 5 Employees shall be allowed a rest period of ten (10) minutes, on the employer's time, for each 6 four (4) hours of working time and no employee shall be required to work more than three (3) 7 hours without a rest period. Rest periods shall be scheduled as near as possible to the 8 midpoint of the work period. Employees working a shift of five (5) hours or longer shall also 9 be entitled to an unpaid lunch break. 10 Section 4.4 District Management Meetings 11 When employees are required by the District to attend In-District management or training 12 meetings they shall receive their regular rate of pay. 13 Section 4.5 Mutual Concerns 14 The Superintendent and/or designee(s) and the Union's President and/or designee will meet 15 at the request of either party to discuss appropriate matters of mutual concern. When 16 requesting a meeting, the party calling the meeting shall state the nature of such meeting and 17 the subject(s) to be discussed. 18 Section 4.6 Food Handler’s Permit 19 The District will pay the employee for the cost of the food handler's permit either through 20 reimbursement to the employee who has incurred the cost or through an invoice for a group 21 certification meeting. 22 Section 4.7 Staff Development 23 The District will reimburse employees for one-half (1/2) the tuition cost of an accredited 24 college coursework or other approved professional development opportunities that directly 25 apply to the employee's current job description. Tuition reimbursement shall be based on an 26 actual cost to a maximum of $450 per year, which may be carried forward one year for a 27 maximum of $900.00. Reimbursement will require prior approval from the Food Director and 28 prior approval from the Human Resources Department. Employees shall follow the District 29 procedure for Classified Tuition Reimbursement, HRO-P005 to receive reimbursement. 30 Section 4.7.A SNA Annual Conference 31 The District will pay the registration for up to four (4) as determined by the District, Food 32 Service Managers to attend the School Nutrition Association Annual conference. Travel and 33 lodging reimbursement will be administered as per District policy in effect at the time the 34 travel request is filed. 35


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Section 4.8 Substituting for a Higher Position 1 In the event a Manager is absent from their kitchen for a period of three (3) days or more, the 2 position will be offered to other managers who have signed up on the Substitute Desired List 3 maintained at the Food Service Office. Assignments made from the Substitute Desired List 4 (SDL) shall be made on a rotating basis. If an employee is asked to work in a position with a 5 lower rate of pay, the person will retain their current wage and step. Managers substituting in 6 a higher position will be paid in accordance with section 5.2.B. If no employee is interested, 7 then the District may fill the position, as it deems appropriate. 8 9

ARTICLE V- WAGES AND HEALTH BENEFITS 10 Section 5.1 Salaries 11 Salaries contained in Schedule A shall be for the entire term of this Agreement subject to the 12 terms and conditions of Article XVII, Section 17.1. 13 Section 5.2 Salary Adjustments 14 Salary schedule adjustments shall not fall below the amount and/or percentage of 15 compensation increases allocated by the State for classified employees. 16 Section 5.2.A Starting Rate Upon Initial Employment 17 Employees shall be appointed to the minimum step of the pay range in effect for the 18 particular position to which the appointment is made. The district may fill the position at 19 some higher step in the pay range. 20 Section 5.2.B Pay Range Upon Promotion 21 An employee who is promoted shall be paid at the step in the new pay classification which 22 represents at least a two point five percent (2.5%) increase over the rate of pay received 23 immediately prior to the promotion provided that such increase does not exceed the 24 maximum step of the new pay classification. The District may fill the position at some higher 25 step of the pay classification. 26 Section 5.2.C Pay Rate Upon Demotion From Promotion 27 An employee who is demoted during the probationary period in a new position shall receive 28 the same step in the lower pay classification as held before promotion, provided that 29 adjustments shall be made to take into account any step increases which would have occurred 30 had the employee not been promoted. 31 Section 5.2.D Pay Rate Upon Transfer 32 An employee who transfers from one position to another within the same classification that 33 has the same pay range shall continue to receive the same rate of pay as before the transfer. 34


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Section 5.2.E. Pay Rate Upon Employee being Bumped to a Lower Paying Position: 1 An employee, who is bumped to a lower paying classification due to a reduction of hours or 2 layoff per Article 11, will be paid at the step in the lower paying classification that will have 3 the least effect without increasing the employee’s pay rate prior to moving to the lower 4 paying classification, provided that the placement does not exceed the maximum step of the 5 new pay range. 6 Section 5.3 Differential Pay/Stipend Pay 7 Any employee working between the hours of 12:00 midnight and 6:00 a.m. shall receive thirty 8 ($.30) cents per hour differential pay for the hours worked. American Food Service 9 Association certified employees shall receive the following stipends: Level 1- forty (.40) cents, 10 Level 2- fifty (.50) cents, Level 3- sixty (.60) cents per hour for all hours worked. To remain 11 eligible for this stipend, employees must submit certification documentation. 12 Section 5.4 Salary Proration 13 Employees working enough hours to qualify for medical coverage will automatically have 14 their salaries prorated over twelve (12) months. 15 Section 5.5 New Job Classification 16 When any job within the bargaining group encompassed by this contract and not listed on the 17 wage schedule attached hereto is established, the District may designate a job classification 18 and rate structure for said job. In the event the Union does not agree that the classification 19 and rate are proper, the Union shall have the right to submit the issue for negotiation. 20 Section 5.6 Direct Deposit 21 All employees shall be enrolled in the District's direct deposit plan. All salaries will be 22 deposited directly to each employee's bank account. 23 Section 5.7 Health Benefits 24 For the term of this Agreement the District shall contribute (flow through) the state funded 25 insurance benefit amount per month toward the cost of District approved medical, vision and 26 dental plans for full-time equivalent (FTE) employees, net of any amounts funded for 27 purposes specified by the legislature or the state. Effective October 1, 2014 the District will 28 pay, for those employees who qualify for benefits, one hundred (100%) percent of the State 29 Health Care Authority Retiree Subsidy, also known as the Carve-out per 1.0 FTE prorated per 30 qualified employee. Employees must work four (4) hours per day or more (or total 720 hours 31 annually) to be eligible for prorated insurance coverage. The insurance contribution shall be 32 prorated to the amount of full-time equivalency. For this Section, the full-time employee shall 33 be 1440 hours, and eligibility shall be four (4) hours per day or a total of 720 hours annually. 34 The parties agree to abide by State laws relating to school district health benefits. Excess 35 contributions shall be pooled. 36


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1 ARTICLE VI- OVERTIME & CALLBACK PAY 2

Section 6.1 Work Week 3 The workweek will consist of five (5) consecutive days, Monday through Friday, followed by 4 two (2) consecutive days of rest, Saturday and Sunday. Each employee shall be assigned to a 5 definite and regular shift and workweek, which shall not be changed without prior agreement 6 of the employee and the union. 7

Section 6.2 Overtime 8 Employees may be required to work overtime. Time and one-half the employee's regular 9 hourly rate shall be paid for work under any of the following conditions: 10

1. All work performed in excess of eight hours in any workday. 11 2. All work performed in excess of forty hours in any workweek. 12 3. All work performed on Saturday and Sunday. 13

Section 6.3 Compensatory Time 14 If an employee works overtime they will be paid as provided for in Section 6.2 unless they 15 choose to take compensatory time off for each hour of overtime worked. Compensatory time 16 will be credited at one and one-half (1 ½) hours of compensatory time for each hour worked. 17 No employee may accumulate in excess of twenty (20) hours of compensatory time. Requests 18 for the use of compensatory time shall be granted within a reasonable period given due 19 consideration by the supervisor of the normal schedule of work and anticipated peak 20 workloads. Requests for Compensatory time shall not be granted if doing so unduly disrupts 21 operations. 22 Employees may request that payroll convert (minimum 5 hours per request) banked 23 compensatory hours to pay at any time. The Employee shall submit a timesheet by the 10th of 24 the month to cash out compensatory time. However, compensatory time shall be 25 automatically converted by the District to pay in December and May. 26 Section 6.4 Callback Pay 27 When an employee is called in outside of their regular shift they shall be paid a minimum of 28 one (1) hour, unless the callback occurs within fifteen minutes following the end of the shift, 29 which will be considered a continuation of that shift, requiring the District only pay for the 30 actual time worked. 31

32 ARTICLE VII - HOLIDAYS 33

Section 7.1 Paid Holidays 34 All employees covered by this agreement shall receive the following paid holidays per year: 35 1. Labor Day 6. Christmas Day 36


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2. Veteran's Day 7. New Year’s Day 1 3. Thanksgiving 8. Martin Luther King Jr. Day 2 4. Day After Thanksgiving 9. President’s Day 3 5. Christmas Eve 10. Memorial Day 4 Section 7.2 Day Before and After Holiday 5 Employees must work or be on approved paid leave or their unpaid personal leave day the 6 scheduled day before and after recognized holidays to be eligible for holiday pay. 7 8

ARTICLE VIII- SICK AND EMERGENCY LEAVE 9 Section 8.1 Sick Leave 10 Sick leave with compensation for illness, injury and emergencies shall accrue at a rate not to 11 exceed one (1) prorated day for each calendar month worked. Beginning of each school year, 12 sick leave shall accrue to the employee on a monthly basis. Leave provided in this section 13 shall accumulate up to one hundred eighty (180) days and may be taken at any time during 14 the employee's work year. Emergency leave shall be deducted from accrued sick leave and 15 used for: 16

1. Serious illness in the immediate family. The immediate family shall be defined by 17 Washington State and federal leave laws. 18

2. Serious illness of a person not in the immediate family if approved by the 19 Superintendent or designee. 20

3. Circumstances beyond the control of the employee such as fire, flood, accident, etc., if 21 approved by the Superintendent or designee. After expiration of five (5) days of 22 emergency leave, additional leave may be granted with approval of the 23 Superintendent or designee. 24

4. Up to one day of Emergency Leave may be granted to attend a funeral not specifically 25 covered in Section 9.3, Bereavement Leave, with Director’s prior approval. 26

Section 8.2 Part Time Employees 27 Employees with the District as less than full-time employees shall be granted sick and 28 emergency leave in the same proportion as their part-time employment bears to full-time 29 employment. 30 Section 8.3 Physician Verification 31 The District reserves the right to request verification of sick leave for leaves of less than five 32 (5) consecutive days if an abuse of sick leave is indicated. Additionally, the District reserves 33 the right to request a physician’s verification prior to returning to work for sick leaves greater 34 than five (5) days. Verification will be made available in accordance with State and Federal 35 leave laws when appropriate. 36


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Section 8.4 Notification 1 An employee who knows in advance that he/she will be absent pursuant to this section shall 2 notify the Food Service Director and/or designee as soon as possible in order to insure proper 3 planning for a substitute, if necessary. 4 Section 8.5 Industrial Insurance Payment 5 When an employee is inured on the job and is unable to perform his/her duties as a result of 6 on the job injury or occupational disease or illness, and is certified off work by a doctor, the 7 employee may elect to use leave as follows: 8

1. Choose unpaid leave thus receiving on his/her entitled temporary total disability (TTD) 9 benefit payment from the District’s Industrial Insurance; or 10

2. Elect to use a full day of accumulated leave (sick, annual, or other similar benefit) in 11 addition to their entitled TTD benefits; or 12

3. Elect to use a proportionate share of accumulated leave to make up the difference 13 between the workers’ compensation payments and the employees regular pay at the 14 time of injury. 15

Section 8.6 Sick Leave Cash Out 16 In January of the year following any year in which a minimum of sixty (60) days of leave for 17 illness or injury is accrued, and each January thereafter, any eligible employee may exercise 18 an option to receive remuneration of unused leave for illness or injury accumulated in the 19 previous year at a rate equal to one day's monetary compensation of the employee for each 20 four full days of accrued leave for illness or injury in excess of sixty (60) days. Leave for 21 illness or injury for which compensation has been received shall be deducted from accrued 22 leave for illness or injury at the rate of four days for every one-day's monetary compensation. 23 Conversion of sick leave upon separation from District employment (WAC 392-136-020) 24

1. Employees who separate from employment due to retirement or death; 25 2. Employees who separate from employment and who are at least fifty-five (55) 26 and have at least ten (10) years of service in SERS 3 or; 27 3. Employees who separate from employment and who are at least age fifty-five 28 (55) and have at least fifteen (15) years of service in SERS 2. 29

The employee or the employee's estate shall receive remuneration at a rate equal to one day's 30 current compensation of the employee for each four full day’s accrued leave for illness or 31 injury. Days in excess of 180 will not be allowed for cash-out purposes. 32 Section 8.7 Sick Leave Sharing 33 Employees requesting sick leave sharing must be granted approval from the Association 34 based on criteria stated in WAC 357-31-380 through WAC 357-31-455. 35


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1. Right to Donate: Employees may donate sick leave to come to the aid of another 1 employee if the employee suffers from or has a relative or household member 2 suffering from, an illness, injury, impairment, or physical or mental condition which is 3 of an extraordinary or severe nature which causes or is likely to cause the employee to 4 take leave without pay or terminate his/her employment. 5

2. Minimum Accumulation: Bargaining unit members who have accumulated more than 6 twenty-two (22) sick leave days may request that the Superintendent transfer a 7 specified amount of sick leave to another staff member authorized to receive such 8 leave. In no event may such an employee request a transfer that would result in his or 9 her sick leave account going below twenty-two (22) days. 10

3. Maximum Donation: Employees are allowed to grant up to six (6) days during any 11 school calendar year. 12

4. Status of Leave Employees: While an employee is on leave under this section, he or 13 she shall be classified as an employee and shall receive the same treatment in respect 14 to salary, wages, and employee benefits as the employee would normally receive. 15 Payment of sick leave shall be in accordance with state statutes, rules and regulations. 16

17 ARTICLE IX - OTHER PAID/UNPAID LEAVES 18

Section 9.1 Jury Duty 19 Employees shall be granted a leave of absence with pay at any time they are required to report 20 for jury duty or jury service. The District may allow employees to retain their jury earnings 21 without deduction, as the District deems appropriate. If the District collects jury 22 compensation employees shall be paid the difference between any jury duty compensation 23 they receive and their regular wage for each day of jury service. At no time shall employee 24 compensation be less than the amount awarded by the court. In the event the jury award 25 exceeds the employees normal wage, the employee shall be granted leave without pay for the 26 jury time served and retain the full jury earnings. The employees shall continue to accrue 27 benefits during the unpaid leave period. 28 Section 9.2 Subpoena 29 Appearance before a court, legislative committee or quasi-judicial body as a witness in 30 response to a subpoena or other legal directive should be approved as authorized leave with 31 pay. However, the school salary shall be reduced by the amount paid to such employee for 32 such appearance. No compensation shall be granted if the employee is a witness in their own 33 behalf or interest; or if the employee is the plaintiff or defendant in a case. 34


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Section 9.3 Bereavement Leave 1 In the event of a death in the immediate family of the employee, an absence of up to five (5) 2 days may be permitted. Compensation shall be at the employee's regular rate of pay. The 3 immediate family of an employee shall be defined as spouse parent, parent-in-law, siblings, 4 child grandparent or other legal dependents. Bereavement leave is non-cumulative. 5 Section 9.4 Personal Leave 6 Each employee will be entitled to up to two (2) paid personal business leave days per year. 7 Use of such leave requires a minimum of one (1) week notice to the District and the approval 8 of the Superintendent or designee prior to taking such leave. Employees may carry forward 9 one unused personal leave day into the following year for a maximum of three days in any 10 given year. 11 Section 9.5 Leave of Absence 12 Leave of absence without pay may be granted an employee for good and sufficient reasons. 13 The employee shall not accumulate seniority during such absence and shall be reinstated in 14 accordance with their prior work experience upon termination of the leave of absence. 15

1. An employee shall be required to exhaust all appropriate paid leave prior to the 16 beginning of the leave without pay. 17

2. The leave of absence will not extend beyond the school year in which it began and will 18 not exceed twelve (12) months. An employee returning to work from a leave of 19 absence must report for work within twenty-four (24) hours of the final date of the 20 leave or be subject to termination. 21

Section 9.6 Family & Disability Leave 22 Family leave and disability leave (including maternity leave) shall be granted in accordance 23 with Federal and State statutes. 24 Section 9.7 Military Leave 25 The employer agrees to provide military leave in accordance with State and Federal law. 26

27 ARTICLE X - NON DISCRIMINATION 28

Neither the District nor the Union shall discriminate against any employee on the basis of sex, 29 race, creed, religion, color, national origin, age honorable discharged veteran or military 30 status, sexual orientation including gender expression or identity, the presence of any sensory, 31 mental, or physical disability, or the use of a trained dog guide or service animal by a person 32 with a disability in it’s programs and activities and provides equal access to the Boy Scouts 33 and other designated youth groups. This holds true for all staff and fro students who are 34 interested in participating in educational programs and/or extracurricular school activities. 35


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1 ARTICLE XI - LAYOFFS 2

Section 11.1 Layoffs 3 The District shall be the sole determiner of when layoffs are necessary. In the event of a 4 reduction in work hours or a layoff, the District will make reasonable efforts to maintain the 5 hours of the most senior employees, by reviewing multiple options with the intention of 6 having the least impact to senior employees. The District will notify in writing both the 7 affected employees and the Union at least thirty (30) working days in advance of the effective 8 date. Such notification will include the names of employees scheduled for layoff. 9 Section 11.1.A Order of Layoff 10 Temporary and probationary employees will be selected for reduced hours or layoff first 11 before regular employees. The least senior person hired in the bargaining unit shall be the 12 first person laid off or having their hours reduced provided qualifications, skills, work history 13 and performance are considered equal. Employees selected for layoff or reduced hours shall 14 have the first opportunity to transfer to vacant position(s) or bid on additional hours within 15 the same classification. 16 Section 11.2 Layoffs Due to Contracting Out of Service 17 In the event the District deems it to be appropriate to contract out a service being performed 18 by employee(s) covered in this Agreement and as a result of such contracting out of service(s) 19 an employee(s) would be displaced, or bargaining unit work would be affected, the District 20 agrees to inform the Union of such intent sixty (60) calendar days prior to making the final 21 decision to contract. 22 Section 11.3 Recall 23 Employees shall be recalled from layoff in the reverse order of layoff or to regain their lost 24 hours. Employees are eligible for recall from layoff or reduced hours for fifteen (15) months. 25 No benefits shall accrue during such term of layoff. Employees called back to work within 26 fifteen (15) months of layoff shall have the break in continuous service removed from the 27 record and the employee shall be restored to prior seniority standing. 28 Any notice of an offer for re-employment shall be sent by certified mail, return receipt 29 requested, to the last address of record. It is the employee’s responsibility to keep the District 30 advised of his/her current address. 31 Employees on layoff who have been offered re-employment by certified mail, and who fail to 32 acknowledge availability for work within forty-eight (48) hours after receipt of notice, shall be 33 removed from the layoff list and forfeit all re-employment rights. 34


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1 ARTICLE XII- UNION VISITS 2

The District shall admit to District property during working hours any authorized 3 representative or representatives of the Union for the purpose of ascertaining whether or not 4 this Agreement is being observed by the parties hereto and to assist in adjusting a grievance. 5 This privilege shall be exercised so that no time is lost to the District. Union representative(s) 6 shall make arrangements for such visits with the immediate supervisors or designated 7 representative, before entering the District premises. 8

9 ARTICLE XIII -WORK FORCE CHANGES 10

Section 13.1 Job Opening 11 Whenever a job opening occurs which is three (3) hours per day or more, other than a 12 temporary opening, in any existing job classification covered by this Agreement, or as the 13 result of the development or establishment of a new job classification covered by this 14 Agreement, such opening shall be advertised. 15 Section 13.1.A Transfer 16 Employees who desire to transfer to another kitchen within the District shall place their name 17 on a transfer list that is kept at the District Office. The transfer list shall contain the 18 employee’s classification and the choices of other kitchens the employee wishes to transfer to. 19 Prior to filling an open position, the District will check the transfer list for employees desiring 20 a transfer to the location of the opening that holds the same classification as that of the open 21 position. Seniority shall be the determining factor as to who gets the transfer, should more 22 than one employee apply. The district will proceed with filling the vacancy in accordance 23 with Article 13, should no transfers occur or the District may transfer employees should the 24 need arise and no employees voluntarily wants to transfer. The District will give the 25 employee ten (10) working days notification prior to being transferred. 26 Section 13.2 Job Assignment 27 Selection and assignment of an employee to a job shall be made by the District according to 28 ability, qualifications and seniority. If ability and qualifications are equal, as determined by 29 the District, seniority shall be considered. 30 Section 13.3 Probation 31 New employees or promoted employees shall be placed on ninety (90) working days 32 probation. If within the ninety (90) working days the District or the Employee decides the 33 promoted employee is unsuited for the job, the employee shall be reverted back to their 34 previous position without prejudice. The District retains the right to fill the position on a 35 temporary basis with a substitute for the duration of the probationary position. Upon mutual 36


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agreement between the District and the Union, the initial probationary period may be 1 extended for an additional sixty (60) days. 2

3 ARTICLE XIV - DISCIPLINE AND DISCHARGE 4

The District shall have the right to discipline or discharge an employee for cause. Any 5 disciplinary action or measure imposed upon an employee may be processed as a grievance 6 through the regular grievance procedure hereafter provided. 7

8 ARTICLE XV - GRIEVANCE PROCEDURE 9

Section 15.1 Disagreements 10 Any grievance which may arise between the District, the Union and/or an employee within 11 the bargaining unit, over the application or interpretation of this Agreement shall be resolved 12 under this Grievance Procedure. The parties agree that they shall attempt to resolve all 13 grievances informally prior to the application of Step Two. 14 Section 15.2 Timelines 15 Any grievance which is not timely filed or pursued in accordance with these procedures, or 16 within the time limit specified, shall be waived and the grievant will be barred from pursuing 17 of further appeal of such grievance, provided that time limits may be extended by mutual 18 agreement. If after timely filing a grievance, appropriate action is not taken by the 19 administrator required to take action, the grievance may be moved to the next appropriate 20 level. 21 Section 15.3 Grievance Steps 22

Step One. The employee shall first discuss the grievance with the immediate 23 supervisor. The employee may be accompanied by a Union representative at such 24 discussion. The employee shall bring the grievance to the supervisor at Step One within ten 25 (10) working days of the occurrence of the grievance or knowledge thereof. The supervisor 26 shall respond to the employee within ten (10) working days from receipt of the grievance. 27 Step Two If the grievance is not resolved at the completion of Step One, the grievance 28 shall be reduced to writing within ten (10) working days. The written grievance shall 29 contain the following: 30 A. The facts on which the grievance is based. 31 B. A reference to the provisions in this Agreement which have allegedly 32 been violated. 33 C. The remedy sought. 34


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The grievance shall be submitted to the immediate supervisor for reconsideration. The 1 supervisor shall have ten (10) working days from submission of the written statement of 2 grievance to resolve it by indicating the disposition in writing. 3 Step Three If the grievance is not resolved at the completion of Step Two, the written 4 statement of grievance shall be presented to the District Superintendent/or designee within 5 five (5) working days. The District Superintendent/or designee shall schedule a hearing 6 within five (5) working days to meet with the grievant and the Union to hear merits of the 7 grievance. The District Superintendent/designee shall respond in writing within five (5) 8 working days of the hearing as to the disposition of the grievance. 9 Step Four If the grievance is still unresolved the Union has fifteen (15) working days to 10 request an arbitration hearing. The Union will give written notice to the School Board to 11 request an arbitration hearing. 12

The arbitration proceedings shall be conducted by an arbitrator, to be selected by the School 13 District and the Union. If the parties fail to select an arbitrator the Public Employment 14 Relations Commission (P.E.R.C.) shall be requested by either or both parties to provide a 15 panel of nine (9) recognized arbitrators. Both the School District and the Union shall then 16 strike one (1) name. The process will be repeated and the remaining person shall be the 17 arbitrator. 18 The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall 19 be requested to issue his/her decision within thirty (30) days after the conclusion of testimony 20 and argument. 21 Expenses for the arbitrator shall be borne by the loser. Each party shall be responsible for 22 compensating its own representative and witnesses. 23 Arbitration hearings normally will be held during working hours where practical. Employees 24 whose attendance as witnesses is required at hearing during their regular working hours shall 25 be on Employer time when appearing at the hearing, provided the time spent as a witness is 26 part of the employee's regular working hours. 27

28 ARTICLE XVI - NO STRIKE CLAUSE 29

The Union agrees that during the term of this Agreement it will not encourage, condone, 30 or participate in any strike, slowdown, complete or partial refusal to perform work, or any 31 other type of concerted work stoppage. It is agreed that such activity is specifically prohibited 32 during the term of this Agreement. It is agreed that participation by an employee in such 33 prohibited activity is cause for discipline, including dismissal. 34 In the event such prohibited activity occurs, the District will notify the Union of such, and 35 the Union agrees that it will take immediate action to end such prohibited activity. The 36


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failure or reluctance of the Union to take such immediate action constitutes evidence that the 1 Union is encouraging, condoning and participating in such prohibited activity. 2

3 ARTICLE XVII - TERM AND SEPARABILITY OF PROVISIONS 4

Section 17.1 Term of Agreement 5 This Agreement shall remain in full force and effect from September 1, 2013 until August 31, 6 2016. Salaries in Schedule A and Health Benefits shall be adjusted for each school year in 7 accordance with Section 5.2. and 5.7.; and the salary and insurance funds allocated from the 8 State. 9 Section 17.2 Provisions 10 All provisions of this Agreement shall be applicable to the entire term of this Agreement. 11 Section 17.3 Openers 12 This Agreement may be reopened and modified at any time during its term upon mutual 13 consent of the parties in writing. 14 Section 17.4 Unlawful Provisions 15 If any provision of this Agreement or the application of any provision is held invalid or 16 unlawful, the remainder of this Agreement shall not be affected thereby and shall be deemed 17 valid and enforceable. 18 Section 17.5 Conflicts with Statute 19 Neither party shall be compelled to comply with any provision of this Agreement which 20 conflicts with Federal, State, County or City statute or regulations promulgated pursuant 21 thereto. 22 Section 17.6 Renegotiating 23 In the event either Section 17.4. or 17.5. is determined to apply to any provision of the 24 Agreement, such provision shall be renegotiated. 25 Section 17.7 Entire Agreement 26 The parties acknowledge that during the negotiations resulting in this Agreement, each had 27 the unlimited right and opportunity to make demands and proposals with respect to any and 28 all subjects or matters not removed by law from the area of collective bargaining and that the 29 understandings and agreements arrived at by the parties after exercise of that right and 30 opportunity are set forth in this Agreement. The Union voluntarily and bargain collectively 31 with respect to any subject or matter not specifically referred to or covered in this Agreement, 32 even though such subject or matter may not have unqualifiably waives the right, and agrees 33 that the District shall not be obligated to been within the knowledge or contemplation of 34 either or both of the parties at the time they negotiated or signed this Agreement. This 35


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Agreement constitutes the entire Agreement between the parties and concludes collective 1 bargaining for its term. 2

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22 Wenatchee School District No. 246, Food Service Managers/AFSCME Local 846- FSM September 1, 2013 – August 31, 2016

Wenatchee School District #246

Food Service Manager's Salary Schedule 2013-2014 Effective February 1, 2014

Satisfactory Performance 1 2 3 4 5 10 15

Central Kitchen Manager $15.99 $16.31 $16.62 $16.92 $17.17 $17.40 $17.65

WHS Kitchen Manager $14.88 $15.30 $15.70 $15.98 $16.24 $16.48 $16.71

Middle Kitchen Manager $14.08 $14.49 $14.88 $15.18 $15.42 $15.67 $15.89

Assistant Central Manager $13.55 $13.95 $14.32 $14.60 $14.83 $15.06 $15.31

Substitutes will be paid at the first step of the classification they are working in.

$.59 per hour as a Credentialed School Nutrition Specialist

No increase to salary steps for the 2014-2015 school year.

23 Wenatchee School District No. 246, Food Service Managers/AFSCME Local 846- FSM September 1, 2013 – August 31, 2016

Wenatchee School District #246

Food Service Manager's Salary Schedule 2015-2016 Effective September 1, 2015

Satisfactory Performance 1 2 3 4 5 10 15

Central Kitchen Manager $16.15 $16.47 $16.79 $17.09 $17.34 $17.57 $17.83

WHS Kitchen Manager $15.03 $15.45 $15.86 $16.14 $16.40 $16.65 $16.88

Middle Kitchen Manager $14.22 $14.63 $15.03 $15.33 $15.57 $15.83 $16.05

Assistant Central Manager $13.69 $14.09 $14.46 $14.75 $14.98 $15.21 $15.46

Substitutes will be paid at the first step of the classification they are working in.

$.59 per hour as a Credentialed School Nutrition Specialist

collective bargaining agreement between · 26 bona fide religious tenets or teaching of a church or...

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