collective bargaining agreement 2021-2023

THE STATE OF WASHINGTON

AND

PACIFIC NW REGIONAL COUNCIL OF

CARPENTERS

EFFECTIVE

ULY 1, 2021 THROUGH JUNE 30, 2023

COLLECTIVE

BARGAINING

AGREEMENT

2021-2023

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PACIFIC NW REGIONAL COUNCIL OF CARPENTERS

2021-2023

PREAMBLE

ARTICLE 1 SCOPE .............................................................................................................. 1

ARTICLE 2 RECOGNITION ................................................................................................. 1

ARTICLE 3 UNION DUES DEDUCTION ............................................................................... 1

ARTICLE 4 HIRING OF NEW EMPLOYEES ........................................................................ 2

ARTICLE 5 FOREPERSONS AND LEADPERSONS, VESSEL AND TERMINAL GENERAL

FOREPERSON ...................................................................................................................... 4

A. Forepersons and Leadpersons ............................................................................. 4

B. Vessel and Terminal General Foreperson ........................................................... 6

ARTICLE 6 HOURS OF WORK AND RATES OF PAY.......................................................... 8

ARTICLE 7 HOLIDAYS ...................................................................................................... 13

ARTICLE 8 VACATION ..................................................................................................... 14

ARTICLE 9 ......................................................................................................................... 16

ARTICLE 10 APPRENTICESHIP, TRAINING PROGRAM AND NEW TECHNOLOGIES ........ 16

A. Apprenticeship Program .................................................................................... 16

B. Training Program .............................................................................................. 17

C. New Technologies and Training ....................................................................... 18

ARTICLE 11 LOCKOUTS, STRIKES AND SLOWDOWNS PROHIBITED .............................. 19

ARTICLE 12 GRIEVANCE PROCEDURE ............................................................................ 19

Section 2. Terms and Requirements: ........................................................................... 19

Section 3. Filing and Processing: ................................................................................. 21

ARTICLE 13 ASSIGNMENT OF WORK ............................................................................. 24

ARTICLE 14 SHOP STEWARDS – MEETINGS AND RELATED MATTERS ......................... 24

ARTICLE 15 PAY DAY ...................................................................................................... 25

ARTICLE 16 TRAVEL TIME AND OUT-OF-YARD WORK ................................................ 25

ARTICLE 17 SICK LEAVE ................................................................................................. 26

ARTICLE 18 LEAVES OF ABSENCE .................................................................................. 28

Section 1. Employment Status ..................................................................................... 28

Section 2. Employee Accountability............................................................................ 29

Section 3. Leave Time Defined and Approved in Advance ........................................ 29

Section 4. Leave Approval ........................................................................................... 29

Section 5. Return from Leave ...................................................................................... 29

Section 6. No Accrual .................................................................................................. 29

Section 7. Non-occupational Medical Condition ......................................................... 30

Section 8. Occupational Injury/Illness ......................................................................... 30

Section 9. Reasonable Accommodation ...................................................................... 30

Section 10. Medical Review .......................................................................................... 30

Section 11. No Conversion ............................................................................................ 31

Section 12. Unpaid Leave for Reasons of Faith or Conscience ..................................... 31

Section 13. Bereavement Leave ..................................................................................... 31

Section 14. Washington Paid Family and Medical Leave Program .............................. 31

Section 15. PFML Insurance Program Premiums.......................................................... 31

ARTICLE 19 SAFETY, SANITATION, VENTILATION AND PHYSICAL EXAMINATION ..... 32

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ARTICLE 20 UNION REPRESENTATIVES - MEETINGS AND RELATED MATTERS ........... 34

A. Union Representatives....................................................................................... 34

B. Meetings and Related Matters ........................................................................... 34

ARTICLE 21 NO LIMITS ON PRODUCTION ...................................................................... 35

ARTICLE 22 DIRTY WORK .............................................................................................. 35

ARTICLE 23 ASBESTOS PREMIUM ................................................................................... 36

ARTICLE 24 JURISDICTIONAL DISPUTES ........................................................................ 36

ARTICLE 25 PASSES - MEALS .......................................................................................... 37

A. Passes ................................................................................................................ 37

B. Meals ................................................................................................................. 38

ARTICLE 26 TOOLS .......................................................................................................... 38

ARTICLE 27 SAVINGS CLAUSE ........................................................................................ 38

ARTICLE 28 MANAGEMENT RIGHTS ............................................................................... 38

ARTICLE 29 ADDITIONAL WAGE STIPEND ..................................................................... 39

ARTICLE 30 HEALTH CARE BENEFITS AMOUNTS .......................................................... 39

ARTICLE 31 NON-DISCRIMINATION ................................................................................ 41

ARTICLE 32 ACCOMMODATION FOR DISABILITIES ....................................................... 42

ARTICLE 33 TIME, LEAVE, AND ATTENDANCE .............................................................. 42

ARTICLE 34 EFFECTIVE DATE AND DURATION OF AGREEMENT ................................. 42

APPENDICES

APPENDIX A .................................................................................................................... A-1

Straight Time Hourly Wage Rates

MEMORANDA OF UNDERSTANDING

A. BASE RATES OF PAY .............................................................................................. M-1

B. VACCINATION MANDATE ...................................................................................... M-2

C. 2023 GENERAL WAGE INCREASE .......................................................................... M-7

SIGNATURE PAGE

REAMBLE

This Collective Bargaining Agreement (Agreement) is between the State of Washington

(hereinafter referred to as the “Employer”), and the Pacific Northwest Regional Council of

Carpenters (hereinafter referred to as the “Union”) for the purpose of setting forth the mutual

understanding of the parties as to conditions of employment for those employees for whom the

Employer recognizes the Union as the collective bargaining representative.

It is agreed by the parties that it is in their best interest to establish employment relations based on

mutual respect and cooperation, provide for fair treatment to all employees, promote efficient and

cost-effective service, and recognize the value of employees and the work they perform.

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ARTICLE 1

COPE

This Agreement shall apply to all employees regularly assigned maintenance, repair and

conversion work necessary to maintain the Washington State Ferries (WSF) and auxiliary

equipment or fixtures used in conjunction therewith, with the exception of the Shore Gang and

Metal Trades.

The parties agree that the provisions of this Agreement constitute the complete agreement between

the parties. Any letter or memorandum of understanding (LOU/MOU) applicable to the parties

shall be listed in an appendix of this Agreement as a letter or MOU that is in effect for the term of

this Agreement or a term specifically less than the term of the Agreement. A letter or MOU not

listed shall be null and void. Letters or MOUs added to the Agreement during its term shall

specifically state the duration of the letter or MOU not to exceed the term of the Agreement. Also,

it is expressly understood and agreed upon that no term or provision of this Agreement may be

amended, modified, changed, or altered except by a written agreement executed by the parties.

This clause does not constitute a waiver by either party of its duty to bargain pursuant to

RCW 47.64.

ARTICLE 2

ECOGNITION

The Employer recognizes the Pacific Northwest Regional Council of Carpenters (Union) as set

forth in the Preamble and signatory hereto as the sole and exclusive collective bargaining

representative of the full-time employees and all regular part-time employees covered by the

classifications contained in Appendix A of this Agreement.

This Agreement is between the State of Washington (hereinafter referred to as the “Employer”),

and the Union for the purpose of setting forth the mutual understanding of the parties as to

conditions of employment for those employees for whom the Employer recognizes the Union as

the sole collective bargaining representative.

ARTICLE 3

NION DUES DEDUCTION

Section 1. The Employer shall, when provided with written authorization by the exclusive

bargaining representative of an employee covered by this Agreement, deduct from

employee wages either: a set percentage each payroll date or a set dollar amount on

the twenty-fifth of the month payroll which has been or will be in the future

authorized by the membership. The working dues which are deducted shall be paid

monthly by the tenth of the month following the month in which they are deducted

to the Union. Dues deduction may be changed once per year on the anniversary

date of the Agreement by the Union with the resulting dues check off amount either

as a set dollar amount or as a set percentage applicable to all the employees within

the Union.

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Section 2. An employee may cancel their payroll deduction of dues/fees by written notice to

the Union. After the Employer receives the confirmation from the exclusive

bargaining representative that the employee has revoked authorization for

deductions, the Employer shall end the deduction no later than the second payroll

after the receipt of the confirmation.

ARTICLE 4

IRING OF NEW EMPLOYEES

Section 1. The Employer agrees that, when additional employees are required, the Union will

be given twenty-four (24) hours’ notice in advance so that the Union may have a

reasonable opportunity to refer applicants for employment. Applicants referred by

the Union shall meet the minimum qualifications as specified in the job position(s)

description(s) provided to the Union. Such notice shall specify the number and

qualifications of the employees required, and the Union agrees that it will refer

experienced applicants when available to the Employer. The parties recognize that

the Employer will develop and implement a performance evaluation process for

Eagle Harbor probationary employees.

A new employee shall serve a six (6) month probationary period and shall receive

the appropriate rate of pay for the position during such probationary period. The

probationary period may be extended by the Employer up to an additional six (6)

months upon agreement between the Employer and the Union. In addition, an

employee’s probationary period will be extended on a day for day basis for any

day(s) that the employee is on leave without pay or shared leave, except for leave

taken for military service.

The Employer may separate a probationary employee at any time during the

probationary period, and such separation will not be subject to the grievance

procedure. The Employer will provide the employee five (5) working days’ written

notice prior to the effective date of the separation. If the Employer fails to provide

five (5) working days’ notice, the separation will stand and the employee will be

entitled to payment of salary for up to five (5) working days, which the employee

would have worked had notice been given.

Section 2. Selection of applicants for referral to jobs shall be on a nondiscriminatory basis and

shall not be based on or in any way affected by Union membership, by-laws, rules,

regulations, constitutional provisions, or any other aspect or obligation of Union

membership, policies or requirements.

Section 3. The Employer retains the right to reject any job applicant referred by the Union.

The Employer may discharge any employee for just and sufficient cause.

Section 4. If the Employer hires persons other than those referred by the Union, the Employer

shall advise the Union within seven (7) working days after such person is hired as

to the name, address, personnel identification number, date of hire, classification,

and rate of pay of such employee. The same information shall be furnished by the

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Employer to the Union within forty-eight (48) hours after termination of any

employee.

Section 5. All employees referred to the Employer by the Union under this Article shall submit

to the providing of such records as are or may be required by the Employer for the

purpose of identification.

Section 6. The Union and the Employer agree to hold the Union and Employer signatory

hereto harmless from any monetary damage and penalties assessed against them by

any government agency or court of law because of any charge of unfair labor

practice or act where such practice or act was proximately or solely caused by the

Union or Employer.

Section 7. Temporary employees who have served six (6) cumulative months shall have all

benefits afforded a permanent employee. Such temporary employees will not have

access to the grievance procedure for layoff.

Section 8. Definitions:

A. Probationary Period: Every part-time or full time employee following their

initial appointment to a permanent position, will serve a probationary period

of six (6) months unless extended.

B. Trial Service Period: Employees with permanent status who are promoted,

or who voluntarily accept a transfer or demotion into a job classification in

which they have not previously held permanent status, will serve a trial

service review period of six (6) months. An Employer may extend the trial

service period for an individual employee up to an additional six (6) months

upon agreement between the Employer and the Union. Trial service periods

will be extended on a day for day basis for any day(s) that the employee was

on leave without pay or shared leave, except for that taken for military

service.

C. Permanent Status: An employee will attain permanent status in a job

classification upon their successful completion of a probationary, trial

service or transition review period.

D. Temporary Employment: The Employer may make temporary

appointments to address organizational needs including but not limited to

filling behind a permanent employee, participation in an apprenticeship

program or to reduce the effects of a hiring freeze. Temporary appointments

will not result in the incumbent attaining permanent status. Temporary

employment will not exceed twelve (12) months except when filling behind

a permanent incumbent who is on extended leave.

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ARTICLE 5

OREPERSONS AND LEADPERSONS,

ESSEL AND TERMINAL GENERAL FOREPERSON

A. Forepersons and Leadpersons

Section 1. When the Employer selects Forepersons and Leadpersons, they shall be

Journeyperson members of the craft which they are to supervise.

Section 2. The compensation for Foreperson and Leadperson shall be as set forth in

Appendix A.

Section 3. When from one (1) to three (3) persons are employed, one (1) of the persons will

be selected as Leadperson.

Section 4. When four (4) to six (6) persons are employed, one (1) of the persons will be

selected as Foreperson, but no Leadperson will be selected. When seven (7) or more

persons are employed in each craft, one (1) of the persons will be selected as

Foreperson and another one (1) as Leadperson. If the number of persons employed

is reduced below four (4), the Foreperson rating shall not be eliminated for a

minimum period of forty-five (45) days.

If a Foreperson is off on a Friday or the day preceding a holiday, the person that

has been designated as the temporary Foreperson on the day before the weekend or

the holiday, shall be the point of contact for all callouts until the next regularly

scheduled shift.

A. The appointments of Leadpersons and Forepersons as specified in this

Article refer to Leadpersons and Forepersons who are working supervisors

of all of the people employed by the Employer. Forepersons and

Leadpersons are not required for subsets of employees, e.g., shifts, work

crews, field crews.

B. In the event the Employer desires to appoint temporary Forepersons or

Leadpersons to provide onsite supervision to crews who are working away

from Eagle Harbor, such Forepersons and Leadpersons will be selected on

the basis of seniority, if they are qualified to do the work. Temporary

Forepersons and Leadpersons will revert to their regular classification upon

conclusion of the work.

Section 5. Employees interested in permanent Foreperson and Leadperson openings shall

inform the Employer of their interest in writing. The Employer will consult with

the interested employees to identify training needed and provide materials or

training to help employees to become qualified for position openings.

When a permanent Leadperson or Foreperson opening occurs, employees that have

expressed an interest in writing shall be provided the opportunity to interview for

the position. Interested employees shall be interviewed by a committee comprised

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of two (2) individuals selected by the Employer and one (1) employee selected by

the Union. The interview committee shall score each applicant on a form developed

by the Employer in consultation with the Union. The highest scoring applicant shall

be awarded the position.

Section 6. When a temporary Foreperson opening occurs, the senior Leadperson shall be given

first consideration for that position. If, in the judgment of the Employer, the

Leadperson is not acceptable, that person shall be informed by the Employer as to

the reason(s). Thereafter, in the filling of the temporary Foreperson position, the

next most senior employee shall be offered the position and so forth, down the

seniority list.

When a temporary Leadperson opening occurs, the senior employee in that craft

shall be given first consideration for that position. If, in the judgment of the

Employer, the employee is not acceptable, that person shall be informed by the

Employer as to the reason(s). Thereafter, in the filling of the temporary Leadperson

position, the next most senior employee shall be offered the position and so forth,

down the seniority list.

Section 7. An employee promoted to a permanent Foreperson or Leadperson position shall

serve a six (6) month trial service period and shall receive the appropriate rate of

pay for the position during such trial service period. An employee determined to be

unqualified for the position during or at the end of the trial service period shall be

informed in writing of the reason(s) for disqualification and shall then return to the

employee’s previously held position at the former rate of pay with no loss of

seniority in the previously held position. Such action will not be subject to the

grievance procedure.

If an employee in the position of Foreperson has completed their trial service

period, and it is determined they are unqualified for the position, the employee shall

be informed in writing of the reason(s) for disqualification and shall then return to

the employee’s previously held position at the former rate of pay with no loss of

seniority in the previously held position. If the employee’s previous position is that

of Leadperson, and that position has been filled, the employee that is in the position

of Leadperson shall return to a Journeyperson position and rate of pay in their

classification with no loss of seniority. The employee that is being removed from

the position of Foreperson shall then be returned to the position of Leadperson.

Section 8. Overtime Assignments within a Shop

It will be the responsibility of each shop Foreperson to ensure a fair and equitable

distribution of overtime work. Seniority cannot be used for the basis of overtime.

The objective of overtime distribution is to allow for a fair and reasonable sharing

of hours over an extended period of time. An overtime report will be generated

quarterly for each shop steward to show individual overtime.

Section 9. Forepersons and Leadpersons shall be provided a position description which

accurately reflects the duties of their positions. Forepersons and Leadpersons are

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expected to perform duties as specified in the position descriptions. The Employer

will notify the Union in advance of any significant proposed changes in the position

descriptions and will consider the Union’s comments, if any, on the proposed

changes prior to implementation.

B. Vessel and Terminal General Foreperson

Section 1. In addition to the duties described in the job description, the following guidelines

are applicable to the Vessel and Terminal General Forepersons Positions.

Section 2. The positions of Vessel and Terminal General Forepersons will become permanent

positions at Eagle Harbor.

Section 3. For the purpose of coordinating work, including prioritization of work between

crafts, the shop Forepersons will communicate first with the Vessel and Terminal

General Forepersons. If the Vessel and Terminal General Forepersons are not

available the Foreperson shall communicate with the Vessel and Terminal

Maintenance Managers.

Section 4. The Vessel and Terminal General Forepersons positions will be filled on the

following basis:

A. The Vessel and Terminal General Forepersons will be selected by the

Employer from all employees working at Eagle Harbor in a Journeyperson

craft position.

B. Employees selected to be the Vessel and Terminal General Forepersons will

remain in that position as long as the incumbents maintain performance

expectations. An employee determined to be unqualified for the position

shall be informed in writing of the reasons for disqualification and shall then

return to the employee’s previously held position at the former rate of pay

with no loss of seniority in the previously held position. Such action will

not be subject to the grievance procedure.

C. At the end of the assignment as Vessel and Terminal General Forepersons,

the individuals will return to the positions held immediately prior to taking

the Vessel and Terminal General Foreperson position.

D. The Vessel and Terminal General Forepersons may, at any time during the

assignment, resign from the Vessel and Terminal General Forepersons

positions and return to their previous assignment.

Section 5. The selection of an Employee to be the Vessel and Terminal General Foreperson

or the removal of the Vessel and Terminal General Foreperson from the position is

not subject to the grievance procedure. All other terms and conditions of the

Collective Bargaining Agreement (CBA) will apply to the Vessel and Terminal

General Forepersons.

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Section 6. The Vessel and Terminal General Forepersons’ vacation shall be approved by the

Vessel or Terminal Maintenance Manager. The Vessel and Terminal General

Forepersons shall submit requests one month in advance.

Section 7. The provisions of Sections 2, 4.A, B, C, D, 5 and 6 shall also apply to the positions

of Planner and Health & Safety Supervisor, as referenced in Appendix A.

C. Evaluations of General Forepersons, Forepersons, Planners, and Safety and

Health Supervisors

Section 1. Each Vessel and Terminal General Foreperson and the Planner shall be evaluated

by the Vessel or Terminal Maintenance Manager on an annual basis. The Safety

and Health Supervisor designated by the Employer shall be evaluated by the Safety

Systems Manager on an annual basis. The performance evaluation process gives

the Vessel or Terminal Maintenance Manager an opportunity to discuss

performance goals with the employee and assess and review their performance with

regard to those goals.

Each Foreperson shall be evaluated by the Eagle Harbor Operations Manager or

General Manager (as designated by management) on an annual basis. The

performance evaluation process will provide the Eagle Harbor Operations Manager

or General Manager the opportunity to discuss performance goals with the

employee and assess and review the employee’s performance with regard to the

performance goals.

Section 2. In accordance with Section C.1 above, the Manager (as applicable), will meet with

the employee at the start of the employee’s review period to discuss performance

expectations. The employee will receive copies of their performance expectations

as well as notification of any modifications made during the review period.

Employee work performance will be evaluated during probation, trial service and

at least annually thereafter.

Section 3. The Manager (as applicable), will discuss the evaluation with the employee. The

employee will have the opportunity to provide feedback on the evaluation.

The performance evaluation process will include, but not be limited to, a written

performance evaluation on forms used by the Employer, the employee’s signature

acknowledging receipt of the forms, and any comments by the employee. A copy

of the performance evaluation will be provided to the employee at the time of the

review. A copy of the final performance evaluation, including any employee

comments, will be provided to the employee. The performance evaluation,

including the employee’s comments, will be maintained in the employee’s

personnel file.

Section 4. If an employee disagrees with their performance evaluation, the employee has the

right to attach a rebuttal.

Section 5. The performance evaluation is not subject to the grievance procedure in Article 12.

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ARTICLE 6

OURS OF WORK AND RATES OF PAY

Section 1. Normal Work Week

The normal work week shall be five (5) consecutive days, Monday through Friday,

of not more than eight (8) hours per day, exclusive of lunch period.

Overtime Rate

All overtime worked by an employee will be paid at one and one-half (1½) times

(overtime rate) the employee’s straight time rate of pay.

One (1) Hour Minimum Overtime

For all overtime worked, actual time will be reported, but an employee shall be

guaranteed a one (1) hour minimum, except with respect to “overtime lunch

periods,” which is set forth in Section 6 of this Article. For time worked in excess

of one (1) hour, overtime will be paid in one (1) hour increments.

Section 2. Four (4) Day/Ten (10) Hour Shifts

Notwithstanding the foregoing, upon mutual agreement between the Employer, the

Union and the affected employees, said employees may be scheduled to work four

(4) consecutive ten (10) hour days at the straight time rate of pay within a work

week; management approval must be obtained prior to the shift change. Under such

schedule, all time worked in excess of ten (10) hours in any one (1) day shall be at

the overtime rate of pay. It is further agreed this type of scheduling will be used

selectively.

Section 3. Saturday and Sunday Work

All work performed on Saturday and Sunday shall be paid at the overtime rate of

pay.

Work on Scheduled Days Off

Employees who work on scheduled days off will be compensated at their overtime

rate of pay.

Section 4. Shift Transfers

Employees transferred from one shift to another, unless relieved from work at least

a full shift as set forth herein, before starting their new shift, shall be paid the

overtime rates for the first such shift worked. However, if an employee working on

the “first” or regular daylight shift is required to return to work on the third shift

within the same twenty-four (24) hour workday period, they shall receive double

time for the first such “third” shift worked. The twenty-four (24) hour workday

period mentioned herein shall be the twenty-four (24) hour period commencing

with the starting time of the daylight shift. No employee shall be transferred from

a regular assigned shift to another shift more than once a work-week except in an

extreme emergency involving a shortage of workers.

Section 5. Regular and Modified Daylight Shifts

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The regular daylight shift shall begin at 6:15 a.m. and shall be an eight and one-half

(8½) hour period less thirty (30) minutes for meals on the employee’s time except

that, if the locality of the Employer’s plant and existing traffic conditions render it

desirable to start the day shift for all employees at an earlier hour, such starting time

may, by agreement between the Employer and the Union, be made earlier, but in

no event earlier than 6:00 a.m. The daylight shift may also be modified by flex time.

When flex time is adopted at the option of the Employee and the concurrence of

management, the regular daylight shift shall begin at 6:15 a.m. but no later than

6:30 a.m. and be an eight and one-half (8½) hour period less thirty (30) minutes for

meals on the employee’s time. Starting times and stopping times are subject to

change if ferry schedules change. Pay for a full shift period shall be a sum

equivalent to eight (8) times the regular hourly rate with no premium. The second

and third shifts shall start on or within one-half (½) hour after the preceding shifts.

To ensure that an adequate workforce is available at all times once flex time has

been adopted, shop start time assignments will be approved by the Maintenance

Manager.

This is to ensure that the crews are balanced and always have adequate supervision

and personnel across start times, the Maintenance Manager has the authority to

modify start times when a shop becomes unbalanced at any point.

Section 6. Overtime Lunch Periods

Employees working overtime shall receive a lunch period of thirty (30) minutes on

the Employer’s time after every four (4) hours if the overtime hours are annexed to

a regular scheduled shift. An employee required to work during their regular lunch

period shall receive the overtime rate for such lunch period and shall thereafter take

a lunch on the Employer’s time when practicable.

The regular second shift shall be an eight (8) hour period less thirty (30) minutes

for meals on employee’s time. Pay for a full second shift period shall be a sum

equivalent to eight (8) times the regular hourly rates as set forth in Appendix A plus

ten percent (10%). The regular third shift shall be a seven and one-half (7½) hour

period less thirty (30) minutes for meals on the employee’s time. Pay for a full third

shift period shall be a sum equivalent to eight (8) times the regular hourly rates as

set forth in Appendix A plus fifteen percent (15%).

Section 7. Callout Compensation

If the Employer calls out an employee between regularly scheduled work shifts due

to an emergency or unforeseen operational needs, the affected employee will be

compensated as follows:

A. A Foreperson or acting Foreperson will receive a minimum of four (4) hours

pay at the overtime rate of pay for a callout. The minimum hours of pay is

in recognition of the Foreperson’s or acting Foreperson’s availability to

complete work assignments, including, but not limited to, receiving and

making phone calls to arrange work activities during their off duty hours.

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This payment does not apply:

1. To any subsequent calls within the four (4) hour period (beginning

when the initial call was received);

2. When a Foreperson or acting Foreperson is scheduled to work by

management in advance or when a work schedule is extended on

either end of a shift; or

3. When a Foreperson or acting Foreperson receives a callout within

two (2) hours of their normal start time and only coordination over

the phone is required. Instead, the Foreperson or acting Foreperson

will receive the overtime rate of pay until the start of their regularly

scheduled shift.

If circumstances require substantial Foreperson coordination that exceeds

the four (4) hour minimum callout, additional time spent in support that is

annexed (as provided below) to the callout will be compensated at a

minimum of fifteen (15) minute increments, or actual time on the phone,

whichever is greater. This provision also applies when the Foreperson or

acting Foreperson is required to support additional callouts for separate

emergencies that may occur during the same callout timeframe. The

following callout and annexation period provisions apply to a callout being

taken by a Foreperson or acting Foreperson:

1. Monday through Friday at 2:45 p.m., a callout and annexation

period shall be from the time of the callout until a period not to

exceed eight (8) hours in total, or the start of the next shift,

whichever is shorter. One (1) or more subsequent calls for the same

incident within a callout annexation period shall not constitute

additional callouts.

2. If a callout occurs during the weekend or on a holiday, which

commences at the end of a shift Friday (2:45 p.m.), or a day

preceding a holiday, the callout and annexed period shall last from

the time of callout for a total length of time of eight (8) hours, or the

start of the next shift, whichever is shorter. One (1) or more

subsequent calls for the same incident within a callout annexation

period shall not constitute additional callouts.

3. Any call for a new incident within an existing annexation period

begins a new callout and ends that annexation period.

B. A Journeyperson and/or Leadperson will receive a minimum of four (4)

hours pay at the overtime rate of pay for a callout. If required to work past

four (4) hours, the employee will be compensated for the actual hours

worked including travel. A Journeyperson and/or Leadperson will also

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receive a payment of three (3) hours pay at the basic salary, per occurrence,

in addition to all other compensation due for hours worked.

This payment does not apply when a Journeyperson or Leadperson is

scheduled to work by management in advance or when a work schedule is

extended on either end of the shift, when an employee is on unapproved

leave without pay, or when an employee is on administrative leave.

C. A Foreperson shall dispatch available shop personnel prior to accepting the

job themselves. Management approval is required for self-dispatch.

Section 8. Shift Minimum Hours

Employees starting their regular shift or called and starting to work after the starting

time of their regular shift shall receive not less than four (4) hours pay for the first

half of the shift and, if required to continue on second half of shift, they shall receive

pay for a full shift. This payment does not apply during after-hour or off-shift

callouts.

Callouts after hours, on weekends, or on holidays do not constitute a shift.

Section 9. Callout but not needed

Employees required to report for work for a regularly scheduled shift and not

needed shall receive four (4) hours straight time pay. Employees required to report

for work on a weekend and not used shall receive four (4) hours at the overtime

rate.

Section 10. Separated Employee Pay

Employees who voluntarily quit or are discharged for cause shall be paid only for

actual hours worked.

Section 11. Higher Rate of Pay

Any employee already receiving a higher rate of pay than the minimum set forth in

Appendix A for their classification shall suffer no reduction as a result of this

Agreement, and nothing herein shall preclude the payment of a higher rate at the

discretion of the Employer.

Section 12. Post-Shift Scheduled or Callout Work Schedules

A. In the situation where an employee who has completed the normal work

shift and continues working is scheduled or later called back to work, other

than the normal work shift, the following schedule shall apply with regard

to reporting time the following day:

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6:15 a.m. Start

OFF CLOCK

NEXT REPORT

Before 10:15 p.m.

6:15 a.m.

10:16 p.m. – 11:15 p.m.

8:15 a.m.

11:16 p.m. – 12:15 a.m.

9:15 a.m.

12:16 a.m. – 1:15 a.m.

10:15 a.m.

1:16 a.m. – 2:15 a.m.

11:45 a.m.

After 2:15 a.m.

6:15 a.m. - Next day

Section 12.A does not apply to General Foreperson, Foreperson, or acting

Foreperson activities. Reporting times will be adjusted to compensate for flex time.

Reporting time changes reflected in this section are effective on the ratification date

of the Agreement and are not retroactive.

Even though the employee is not required to report to work until the time specified

above, the employee will be paid for a full eight (8) hours, or ten (10) hours if that

is the employee’s normal work schedule, as though they were at work.

All hours worked on the callout will be paid in accordance with the appropriate

provisions of this Agreement and the applicable provisions of the WSF pay manual.

*After all work and travel is completed for work away from Eagle Harbor. Clock

out time for work is at Eagle Harbor.

B. Section 12.A is not applicable to early start instances as defined below:

Start Table

6:15 a.m. – 2:45 p.m. shift

Applicable Standard

From 2:15 a.m. – 4:15 a.m.

(2-4 hour early start)

Four (4) hour minimum overtime (OT)

and three (3) hour straight time (ST)

call back (pay code 55)

“Off Clock” does not apply

From 4:16 a.m. – 6:15 a.m.

(0-2 hour early start)

Unplanned early start:

1) OT until the employee’s

scheduled regular start time, or

(at the employee’s discretion),

2) Flex shift start time and end

time.

“Off Clock” does not apply

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Three (3) hour ST call back is not

Applicable

Work that started prior to

2:15 a.m. is covered by

Section 12.A

**All unplanned early starts must be

approved by an Eagle Harbor

Maintenance Manager.

Section 13. Jury Duty

An employee called for jury duty shall be paid the amount of the straight time

earnings lost due to such service.

ARTICLE 7

OLIDAYS

Section 1. The following days shall be paid holidays for all employees covered by this

Agreement:

New Year’s Day (January 1), Martin Luther King Jr. Day (third Monday in

January), Presidents’ Day (February 12), Washington’s Birthday (third Monday in

February), Memorial Day (last Monday in May), Juneteenth (June 19),

Independence Day (July 4), Labor Day (first Monday in September), Columbus

Day (second Monday in October), Veterans’ Day (November 11), Thanksgiving

Day (fourth [4th] Thursday in November), Native American Heritage Day (the

Friday following the fourth [4th] Thursday in November), Christmas Day

(December 25) and an additional optional holiday to be selected by the employee.

Any additional days declared holidays by the state of Washington for Washington

state employees shall be granted to the employees covered under this Agreement.

Section 2. Any of the above holidays falling during an employee’s regular work week shall be

given off with pay, and, if called back to work on such days, the employee shall

receive two (2) hours pay for each hour worked as a result of the call back. If a

holiday falls on a Saturday, the previous Friday shall be observed as the holiday; if

a holiday falls on Sunday, the following Monday shall be observed as the holiday.

For employees working a four (4) day, ten (10) hour shift, if a holiday falls on a

nonscheduled day, the work day closest to the holiday shall be designated as a

holiday.

Section 3. Full-time employees will be paid at straight time rate as noted in Appendix A for

hours they are scheduled to work on that day even though they do not work

provided: (a) the employee has been in the employ of the Employer for fifteen (15)

calendar days, or in the case of the optional holiday for temporary employees, one

thousand forty (1,040) cumulative hours within the contract year (July 1 - June 30);

and (b) the employee has worked all of the hours required by the Employer on both

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the regular scheduled work day prior to and the regular scheduled work day

following the applicable holiday.

Part-time employees who begin employment before and remain employed after the

holiday will be compensated for the holiday in an amount proportionate to the time

in pay status during the month to that required of full-time employment.

An employee will receive holiday pay without meeting the requirements of (b)

above under the following conditions:

A. The employee’s last day worked and the holiday(s) fall within the same pay

period. Absence on the qualifying day or days is due to one of the following:

1. Bona fide non-industrial illness or injury covered by a doctor’s

certification;

2. Absence approved by the Employer; or

3. The employee has been laid off due to lack of work within ten (10)

regular scheduled work days either before or after the holiday

provided the employee is returning to work within ten (10) days of

the holiday.

B. An employee absent from work because of an occupational injury or

occupational illness who reports back to work when able to do so shall

receive holiday pay for any holidays which occur in the first thirty (30)

calendar days of such absence.

The optional holiday must be taken within the calendar year in which it is

earned. Whenever possible, requests to use the optional holiday shall be

made at least two (2) weeks in advance.

Section 4. Employees may designate their personal (optional) holiday leave as a supplemental

benefit while receiving a partial wage replacement for paid family and/or medical

leave under the Washington State Paid Family and Medical Leave Insurance

Program, Title 50A RCW. The employer may require verification that the employee

has been approved to receive benefits for paid family and/or medical leave under

Title 50A RCW before approving personal holiday leave as a supplemental benefit.

ARTICLE 8

ACATION

Section 1. Each year, each employee with a minimum of one thousand forty (1,040)

cumulative hours of employment shall receive eight (8) hours of paid vacation leave

for each one hundred seventy-three (173) hours of completed employment up to

and including ninety-six (96) hours. Additional bonus days of vacation leave will

be credited for satisfactorily completing the first two (2), three (3), four (4), five

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(5), seven (7), ten (10), sixteen (16), twenty (20) and twenty-five (25) years of

continuous employment respectively. For full-time employees who have been in

pay status for eighty (80) non-overtime hours in a calendar month, the Vacation

Leave Accrual Rate Schedule shall be in accordance with the above, and will be

credited on the following basis:

SERVICE

VACATION CREDIT

1,040 hours

48 hours

1,213 hours

56 hours

1,386 hours

64 hours

1,560 hours

72 hours

1,733 hours

80 hours

1,907 hours

88 hours

2,080 hours

96 hours

2 years

104 hours

3 years

120 hours

4 years

136 hours

5 years

160 hours

7 years

168 hours

10 years and over

176 hours

16 years and over

184 hours

20 years and over

192 hours

25 years and over

200 hours

Vacation leave accrual for part-time employees will be proportionate to the number

of hours the part-time employee is in pay status during the month to that required

for full-time employment.

Section 2. Vacation leave is accumulative to a total of three hundred twenty (320) hours, after

which time, if not taken, it shall lapse month by month. At no time can an employee

have more than three hundred twenty (320) hours to their credit.

Section 3. An employee’s vacation anniversary date shall be based on the date they commence

employment with the Employer.

Section 4. Vacation leave is not available to an employee unless the employee has served six

(6) continuous months of employment.

A re-employed or reinstated employee also must have six (6) months of continuous

employment before being entitled to use vacation leave.

Leave credits accumulated are canceled automatically on separation after a period

of continuous employment of less than six (6) months.

Section 5. All accumulated annual leave shall be paid when an employee separates for any

reason after six (6) months of continuous employment, provided seven (7) days’

notice has been given by the employee who quits.

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Section 6. Vacation pay shall be computed on the basis of the straight time rate in effect at the

time the vacation is taken.

Section 7. Whenever possible, vacations will be scheduled for the mutual convenience of the

Employer and employee. An employee’s request for vacation time off shall be

submitted to the employee’s Foreperson in writing. At the time the employee

submits a vacation time off request, the employee must have or will have accrued

the leave to cover the vacation time off as requested. Whenever possible, requests

for vacation time shall be made at least two (2) weeks in advance. Vacation or

personal holiday leave requests that create an inability to honor work or training

commitments and/or would unreasonably impact personnel may be denied. The

Foreperson in an area must report quarterly who will be on vacation and when.

Leave of absence without pay for short periods may be granted at the discretion of

the Employer. Such requests shall be made in advance. Requests for leave without

pay for extended periods shall be considered subject to established WSF policies.

Section 8. Holidays shall not be considered when computing vacation time off. When one of

the holidays specified in Article 7, Holidays, occurs during an employee’s vacation

period, they shall receive an additional day of vacation.

Section 9. Vacation credits as set out in Section 1 shall be pro-rated and credited on a monthly

basis.

Section 10. Employees may designate vacation leave as a supplemental benefit while receiving

a partial wage replacement for the paid family and/or medical leave under the

Washington State Paid Family and Medical Leave Insurance Program, Title 50A

RCW. The employer may require verification that the employee has been approved

to receive benefits for paid family and /or medical leave under Title 50A RCW

before approving vacation leave as a supplemental benefit.

ARTICLE 9

Article intentionally left vacant.

ARTICLE 10

PPRENTICESHIP, TRAINING PROGRAM AND NEW TECHNOLOGIES

A. Apprenticeship Program

Section 1. Apprenticeship Program

“Apprenticeship Program” (Program) in this Agreement means a Program

approved by the Washington State Apprenticeship and Training Council that is

registered with the Apprenticeship Section of Specialty Compliance Services

Division of the Washington State Department of Labor and Industries.

Section 2. Apprentice

"Apprentice" in this Agreement means an employee that is indentured to an

approved Program and shall be subject to the Standards of Apprenticeship of the

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Program. An Apprentice shall be subject to the terms and conditions of this

Agreement between the WSF and the Union. An Apprentice does not have the

required number of hours of practical experience and training, and has not passed

the required evaluation necessary to be a Journeyperson in their respective

trade/classification.

Section 3. Regular Apprentices

When the WSF desires to hire an Apprentice as a regular employee, the WSF shall

make their selection from the Unions list of indentured Apprentices. The hiring of

additional Apprentices in the same trade shall be done consistent with Article 4,

Hiring of New Employees.

Section 4. Temporary Apprentices

When the WSF desires to hire a temporary Apprentice, the WSF shall place a work

call to the Union and specify either a low-time or a high-time Apprentice. A low-

time Apprentice has completed fifty percent (50%) or less of their training and a

high-time Apprentice has completed more than fifty percent (50%) of their training.

The WSF retains all rights in determining the staffing needs of each classification

and the hiring of Apprentices shall be at WSF sole discretion.

Section 5. Contributions

A Letter of Agreement will be executed with the Program in which a Journeyperson

is employed. The WSF shall contribute fifteen cents ($0.15) for each compensable

straight-time hour worked by a Journeyperson at Eagle Harbor, to the Program.

In no event will hourly contributions exceed two thousand eighty (2,080) hours for

each Journeyperson employed during a calendar year.

Section 6. Ratio of Apprentices to Journeyperson

The WSF may employ Apprentices at the following ratio within each

trade/classification:

One (1) Apprentice for the first Journeyperson employed, 1:1.

Thereafter one (1) Apprentice for each two (2) Journeyperson employed, 1:2.

Section 7. Section Apprentice Work

The Apprentice shall at all times be under the direction of a Journeyperson of the

same classification in which the work is being performed. An Apprentice shall not

work alone inconsistent with the appropriate Unions Standards of Apprenticeship.

An Apprentice, who is working with a Journeyperson on a particular project, shall

not be considered to be working alone, provided the Journeyperson is responsible

for the Apprentice's work, actively directs the Apprentice and performs inspections

as required. The Apprentice shall not work alone in a remote location or where

other Journeypersons are not readily available.

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A Journeyperson who directs an Apprentice does not qualify for Foreperson or

Leadperson pay by that action alone. The WSF may initially employ an Apprentice

at a level other than the entry level, however, at no time after initial employment

shall an Apprentice's hours be waived for purposes of advancement to

Journeyperson.

B. Training Program

Section 1. Hours of Work:

When attending a training program, the hours of work will be the scheduled class

hours. The work day will consist of eight (8) hours exclusive of any meal period.

Overtime will not be paid unless the training class extends beyond eight (8) hours.

In no event shall an employee be compensated for less than a full day when

attending such training.

Employees who are on alternate work schedules shall convert to a normal five (5)

day eight (8) hour work week during the weeks that they have training.

Section 2. Training Pay, Travel, Room and Board

Employees shall be compensated at the proper rate of pay for hours spent at training

or schooling that is approved in advance by WSF. Transportation, room and board

(when required) that is approved in advance by WSF and is in accordance with

applicable state policy shall be paid by WSF. Mileage will be paid, where

applicable, at the rate allowed by applicable state policy for use of private

automobiles.

A. Travel time for non-mandatory training shall be compensated at the straight

time rate of pay.

B. Travel time for mandatory training shall be paid in accordance with

Article 16, Travel Time and Out-of-Yard Work, hereof.

Section 3. Employee-Requested Training

Any employee who successfully completes a training course related to the

employee’s job, which has previously been approved by the Employer prior to

enrollment, shall be reimbursed by the Employer for the total cost of tuition and

books required, provided the employee receives a passing grade.

C. New Technologies and Training

Section 1. The Employer agrees that as new technologies that affect and impact the craft are

introduced into the industry that bargaining unit employees will be educated and

trained in the new technologies considered to be part of the work of the appropriate

trades when introduced to the Washington State Ferry System. New Technology

shall be understood to include any proposed introduction of the following:

A. Any non-proprietary computer controlled machinery.

B. Any new processes such as machining, repair methods, installations,

removals or new techniques or methods within the industry.

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C. Type of systems whether they are propulsion, or ships back-up systems or

any system within the vessels, docks, terminals, or any other work place

within the bargaining unit’s area of exclusive jurisdiction.

D. New methods and/or materials used for enhancement of the vessels, docks,

and terminals.

E. Any other technological innovations which would substantially affect jobs

or job content which would be considered within the exclusive scope of the

bargaining unit.

F. The parties agree this section is not subject to the grievance procedure.

ARTICLE 11

OCKOUTS, STRIKES AND SLOWDOWNS PROHIBITED

Section 1. Pursuant to RCW 47.64, the Employer and the Union agree that the public interest

requires efficient and uninterrupted performance of all Ferry services and, to this

end, pledge their best effort to avoid or eliminate any conduct contrary to this

objective. Specifically, the Union shall not cause or condone any work stoppage or

other interference with Ferry functions by employees covered under this

Agreement, and, in the event that Union members participate in such activities in

violation of this provision, the Union shall notify those members so engaged to

cease and desist from such activities and shall instruct the members to return to

their normal duties. Any employee participating in the prohibited activities may be

discharged by the Employer.

Section 2. During the life of this Agreement, the Employer shall not engage in any lockout.

Any action of the Employer in closing its facility during a general strike, riot, or

civil commotion for protection of the facility shall not be deemed a lockout.

ARTICLE 12

RIEVANCE PROCEDURE

Section 1. The Union and the Employer agree that it is in the best interest of all parties to

resolve disputes at the earliest opportunity and at the lowest level. The Union and

the Employer encourage problem resolution between employees and management

and are committed to assisting in resolution of disputes as soon as possible. In the

event a dispute is not resolved in an informal manner, this Article provides a formal

process for problem resolution.

Section 2. Terms and Requirements:

A. Grievance Definition

A grievance is an allegation by an employee or a group of employees that

there has been a violation, misapplication, or misinterpretation of this

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Agreement, which occurred during the term of this Agreement. The term

“grievant” as used in this Article includes the term “grievants.”

B. Filing a Grievance

Grievances may be filed by the Union on behalf of an employee or on behalf

of a group of employees. If the Union does so, it will set forth the name of

the employee or the names of the group of employees.

C. Computation of Time

The parties acknowledge that time limits are important to judicious

processing and resolution of grievances. Days are calendar days, and will

be counted by excluding the first day and including the last day of timelines.

When the last day falls on a Saturday, Sunday or holiday, the last day will

be the next day which is not a Saturday, Sunday or holiday. Transmittal of

grievances, appeals and responses will be in writing, and timelines will

apply to the date of receipt, not the date of postmarking.

D. Failure to Meet Timelines

Failure by the Union to comply with the initial thirty (30) day deadline

contained in Section 3A below will result in the automatic withdrawal of

the grievance. Failure by the Employer to comply with the timelines will

entitle the Union to move the grievance to the next step of the procedure. In

the case of a dispute over the timeliness of a grievance, such issue may be

brought forth to an arbitrator for their determination.

E. Contents

The written grievance should include the following information:

1. A statement of the pertinent facts surrounding the nature of the

grievance;

2. The date the incident occurred;

3. The specific article and/or section of the Agreement violated;

4. The specific remedy requested;

5. The name of the grievant or a description of the group; and

6. The name and signature of the Union representative.

F. Modifications

No newly alleged violations and/or remedies may be made after the initial

written grievance is filed, except by written mutual agreement.

G. Resolution

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If the Employer provides the requested remedy or a mutually agreed upon

alternative, the grievance will be considered resolved and may not be moved

to the next step.

H. Withdrawal

A grievance may be withdrawn at any time.

I. Resubmission

If terminated, resolved, or withdrawn, the same grievance cannot be re-

submitted.

J. Consolidation

The Employer or the Union may consolidate grievances arising out of the

same set of facts.

K. Bypass

Any of the steps in this procedure may be bypassed with mutual written

consent of the parties involved at the time the bypass is sought.

L. Discipline

Disciplinary grievances will be initiated at the level at which the disputed

action was taken. The Employer may discipline any employee with just and

sufficient cause up to and including termination.

M. Alternative Resolution Methods

Any time during the grievance process, by mutual consent, the parties may

use alternative methods to resolve a non-disciplinary grievance. If the

parties agree to use alternative methods, the time frames in this Article are

suspended. If the selected alternative method does not result in a resolution,

the Union may return to the grievance process and the time frames resume.

Any expenses and fees of alternative methods will be shared equally by the

parties.

Section 3. Filing and Processing:

A. Filing

A grievance must be filed within thirty (30) days of the occurrence giving

rise to the grievance or the date the grievant knew or could reasonably have

known of the occurrence. This thirty (30) day period may be used to attempt

to informally resolve the dispute.

B. Processing

Step 1 – Director of Vessels or Designee

If the issue is not resolved informally, the Union may present a written

grievance to the Director of Vessels or the Director’s designee with a copy

to the WSF Labor Relations Office at [email protected] within

the thirty (30) day period described above. The Director of Vessels or the

Director’s designee will meet or confer by telephone with a union steward

and/or staff representative and the grievant within fifteen (15) days of

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receipt of the grievance, and will respond in writing to the Union within ten

(10) days after the meeting.

Step 2 – Ferries Division Assistant Secretary or Designee

If the grievance is not resolved at Step 1, the Union may request a Step 2

meeting by filing it with the Ferries Division Assistant Secretary or

designee, with a copy to the WSF Labor Relations Office at

[email protected], within fifteen (15) days of the Union’s

receipt of the Step 1 decision. The Ferries Division Assistant Secretary or

designee will meet or confer by telephone with a union steward and/or staff

representative and the grievant within fifteen (15) days of receipt of the

appeal, and will respond in writing to the Union within ten (10) days after

the meeting.

Step 3 – Pre-Arbitration Review Meetings (PARM)

If the grievance is not resolved at Step 2, the Union may request a PARM

by filing the written grievance including a copy of all previous responses

and supporting documentation with the OFM State Human Resources Labor

Relations Section (LRS) at labor.r[email protected] with a copy to the

agency’s Human Resource Office within fifteen (15) days of the Union’s

receipt of the Step 2 decision. Within fifteen (15) days of the receipt of all

the required information, the LRS representative or designee will discuss

with the Union:

1. If a PARM will be scheduled with the LRS representative or

designee, an agency representative, and the Union’s staff

representative shall review and attempt to settle the dispute.

2. If the parties are unable to reach agreement to conduct a meeting,

the LRS representative or designee will notify the Union in writing

that no PARM will be scheduled.

Within fifteen (15) days of receipt of the request, a PARM will be

scheduled. The meeting will be conducted at a mutually agreeable time. The

LRS will notify the Union, in writing, of the meeting results within ten (10)

days of the conclusion of the PARM.

Step 4 – Arbitration

If the grievance is not resolved at Step 3, or the LRS representative or

designee notifies the Union in writing that no PARM will be scheduled, the

Union may file a request for arbitration. The demand to arbitrate the dispute

must be filed with the Federal Mediation and Conciliation Service (FMCS)

within fifteen (15) days of the PARM or the receipt of the notice that no

PARM will be scheduled. A copy of the demand to arbitrate the dispute will

be provided to the LRS and WSF Labor Relations contemporaneous to

filing a demand to arbitrate the dispute with FMCS. However, by mutual

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agreement, the parties may instead refer the dispute to the Public

Employment Relations Commission (PERC) for final resolution.

C. Selecting an Arbitrator

The parties will select an arbitrator by mutual agreement or by alternately

striking names supplied by the FMCS (limited to seven [7] names).

D. Authority of the Arbitrator

1. The arbitrator will:

a. Have no authority to rule contrary to, add to, subtract from,

or modify any of the provisions of this Agreement;

b. Be limited in their decision to the grievance issue(s) set forth

in the original written grievance, unless the parties agree to

modify it;

c. Not make any award that provides an employee with

compensation greater than would have resulted had there

been no violation of this Agreement; and

d. Not have the authority to order the Employer to modify their

staffing levels or to direct staff to work overtime.

2. The arbitrator will hear arguments on and decide issues of

arbitrability before the first day of arbitration, at a time convenient

for the parties immediately prior to hearing the case on its merits, or

as part of the entire hearing and decision-making process. If the

issue of arbitrability is argued prior to the first day of arbitration, it

may be argued in writing or by telephone, at the discretion of the

arbitrator. Although the decision may be made orally, it will be put

in writing and provided to the parties.

3. The decision of the arbitrator will be final and binding upon the

Union, the Employer and the grievant.

E. Arbitration Costs

1. The expenses and fees of the arbitrator, and the cost (if any) of the

hearing room, will be shared equally by the parties.

2. If the arbitration hearing is postponed or canceled at the request of

one (1) party, that party will bear the cost of the postponement or

cancellation. The costs of any mutually agreed upon postponements

or cancellations will be shared equally by the parties.

3. If either party desires a record of the arbitration, a court reporter may

be used. If that party purchases a transcript, a copy will be provided

to the arbitrator free of charge. If the other party desires a copy of

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the transcript, it will pay for half of the costs of the fee for the court

reporter, the original transcript and a copy.

4. Each party is responsible for the costs of its representatives,

witnesses, attorneys, and all other costs related to the development

and presentation of their case. Every effort will be made to avoid the

presentation of repetitive witnesses. The Union is responsible for

paying any travel or per diem expenses for its witnesses, the

grievant, and the Union representative.

F. Tracking of Monetary Disbursements, Grievance/Arbitration Settlements

and Awards

1. At the time a disbursement is authorized as a result of a grievance

settlement or as a result of an arbitration award, the Employer will

notify the Union and the Manager of the Eagle Harbor facility of the

authorization, including the name of the individual employee(s)

authorized to receive the payment, the grievance number, if

applicable, and the amount of disbursement. A copy of this

notification will be forwarded to the WSF Payroll Office as the basis

for authorizing the disbursement of funds.

2. At the time the disbursement is made, WSF will confirm in writing

to the employee and to the Union the amount, date of payment, and

grievance/arbitration identification number.

G. Successor Clause

Grievances filed under the 2021-2023 Agreement will be processed to

completion in accordance with the provisions of the 2021-2023 Agreement.

ARTICLE 13

SSIGNMENT OF WORK

The Staff Chief Engineer has the authority to assign to their crew any job function they desire

when the vessels are in normal operations.

While vessels are in operational status, Eagle Harbor craft personnel are only invited aboard

vessels to perform work at the Staff Chief Engineer’s request, and are required to report to the

Watch Officers prior to performing any work requisitions.

While vessels are in normal lay-up status at the Eagle Harbor Facility and/or while a vessel is in

normal lay-up at any other terminal for purposes other than the vessels’ operational tie-up, all work

requisitions submitted by the Staff Chief Engineer will be performed by craft personnel. This is

not intended to allow Staff Chief Engineers, during normal lay-up status, to withhold work

requisitions to enable vessel crew members to perform rehabilitation work normally done by craft

employees.

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ARTICLE 14

HOP STEWARDS – MEETINGS AND RELATED MATTERS

Section 1. It is recognized by the Employer that shop stewards are desirable for the proper

administration of the terms of this Agreement. The Employer also recognizes that

it is desirable that the person designated as steward shall receive their fair share of

the work that they are qualified to perform. In no event shall the Employer

discriminate against a steward in the manner of layoffs or rehires or discharge them

on account of the proper performance of their duties. There may be designated by

the Union one (1) shop steward who shall be the last laid off in the event a layoff

is required, provided the shop steward has the skills to perform the work available.

Twenty-four (24) hours advance notice will be given to the steward if they are to

be laid off.

A Union steward will be allowed to investigate grievances during their normal work

day provided no necessary required work is interrupted by the steward’s absence,

and the steward’s supervisor has given the steward prior approval to engage in such

activity. Such prior approval shall not unreasonably be withheld.

Section 2. The Employer will not discriminate in any way against a shop steward for

presenting a complaint, dispute or grievance to the Employer in the manner

provided for in this Agreement. The full grievance procedure as set forth in this

Agreement shall be available to the Union if it feels that its shop steward(s) have

been discriminated against in the administration of their duties and responsibilities

as a shop steward(s).

ARTICLE 15

AY DAY

Section 1. All employees will be paid pursuant to WAC 82-50-021 as now in effect or

hereinafter amended by the OFM.

Section 2. In case an employee is laid off or discharged by the Employer, they shall receive

their pay in compliance with state law.

ARTICLE 16

RAVEL TIME AND OUT-OF-YARD WORK

Section 1. When employees are required to travel to and from work locations other than Eagle

Harbor during their regular shift hours, they shall receive the regular straight-time

hourly rate as specified in Appendix A. The Employer shall provide a state-owned

vehicle, when available. Employees may use a privately-owned vehicle if in

accordance with applicable state policy.

Section 2. The employee may transport tools and small equipment not to exceed seventy-five

(75) pounds.

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Section 3. Employees required to travel to and from work locations other than Eagle Harbor

when outside of their regular shift hours and on Saturday, Sunday, or holidays shall

receive the established overtime rate as defined in Article 6, Hours of Work and

Rates of Pay, hereof.

Section 4. Employees required to stay overnight in order to complete work assignments

located away from the WSF maintenance facility shall be entitled to state per diem

allowance in accordance with applicable state policy.

Section 5. When an employee is required to travel from home to and from an assigned work

location other than the maintenance facility during the normal work week:

A. Employees who reside on the East side of Puget Sound will be paid for

travel time and mileage either from their residence to the assigned work

location, or from Pier 52, Seattle, to the assigned work location, whichever

is the lesser distance.

B. Employees who reside on the West side of Puget Sound will be paid for

travel time and mileage either from their residence to the assigned work

location, or from Eagle Harbor to the assigned work location, whichever is

the lesser distance.

When such travel is required on Saturday, Sunday, or a holiday, employees

will be paid for actual travel time and mileage from their homes directly to

the assigned work location.

ARTICLE 17

ICK LEAVE

Section 1. Full-time employees shall receive one (1) day (eight [8] hours) of sick leave credit

for each completed month of service, provided the employee has been in pay status

for eighty (80) non-overtime hours in a calendar month. Full-time employees who

are in pay status for less than eighty (80) non-overtime hours in a calendar month,

part-time, and temporary employees in an overtime eligible position will accrue

sick leave in an amount proportionate to the number of hours the employee is in

pay status in the month, up to a maximum of eight (8) hours in a month. Sick leave

is accumulative.

Section 2. Sick leave credits may be used as soon as granted. Sick leave shall not be used

except for the purposes expressed in Sections 5, 6 and 7 of this Article.

Section 3. Each employee's sick leave credit days are canceled automatically upon the

employee’s termination of service. Terminating employees do not receive sick

leave credit for the month in which they terminate unless they are in pay status for

at least forty (40) non-overtime hours in the month.

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Accumulated sick leave credit days follow the employee if the employee is

transferred to another State of Washington department.

Section 4. At the employee’s option, annual leave may be used in lieu of sick leave, but sick

leave may not be used as annual leave.

Section 5. Sick leave may be claimed from the accumulated days of credit for any employee

for illness or injury which incapacitates the employee to the extent that they are

unable to perform their work.

Sick leave may be claimed for reasons allowed under the Minimum Wage

Requirements Act and Labor Standards Act, RCW 49.46.210.

Section 6. Sick leave use for bereavement is limited to five (5) days or more, if approved by

the Employer. This applies to the list approved in Article 18, Section 13, as well as

the list below. A relative is defined as: aunt, uncle, niece, nephew, sibling-in-law,

first cousin, and corresponding relatives of the employees spouse or registered

domestic partner.

Section 7. When an employee’s place of business has been closed by order of public official

for any health-related reasons, or when an employee’s child’s school or place of

care has been closed for such a reason. Health-related reason defined in WAC 296-

128-600 (8), means a serious public health concern that could result in bodily injury

or exposure to an infectious agent, biological toxin, or hazardous material. Health-

related reason does not include closure for inclement weather.

Section 8. An employee must promptly notify their supervisor on the first day of sick leave

and each day after, unless there is mutual agreement to do otherwise. All claims for

sick leave must be submitted using WSDOT Time and Attendance System –

DOTtime, or on forms otherwise indicated by the Employer if the DOTtime system

in not utilized for the employee’s assigned work unit.

Section 9. No payment of wages chargeable to sick leave credits will be made until the claim

has been properly submitted and received in the general offices, except that the

claims for sick leave may be prepared for an employee by supervisory employees

in the general offices when the employee is incapacitated to the extent that they

cannot submit theclaim themselves.

Section 10. In accordance with RCW 49.46.210 and for claims of more than five (5)

consecutive working days, the employee must secure a verifying statement from

their doctor to support their claim. This statement must be presented to the

Employer prior to the employee’s return to work.

Section 11. A verifying statement from the employee’s doctor may be requested by the

Employer, at its option, to support sick leave claims for five (5) days or less.

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Section 12. No sick leave claims will be honored for time loss for which the employee is

receiving State of Washington Industrial Insurance time-loss payments (Workers’

Compensation).

Section 13. All accumulated sick leave may be restored when a previously separated employee

is re-employed on a permanent basis within five (5) years of leaving state service

(WAC 357-31-160). It also may be transferred between state departments.

Section 14. Sick Leave Cash Out

A. Sick Leave Annual Cash Out

Each January, employees are eligible to receive cash on a one (1) for four

(4) hours basis for ninety-six (96) hours or less of their accrued leave, if:

1. Their sick leave balance at the end of the previous calendar year

exceeds four hundred and eighty (480) hours;

2. The converted sick leave hours do not reduce their previous calendar

year sick leave balance below four hundred and eighty (480) hours;

and

3. They notify their payroll office by January 31st that they would like

to convert their sick leave hours earned during the previous calendar

year, minus any sick leave used during that previous year, to cash.

All converted hours will be deducted from the employee’s sick leave

balance.

B. Sick Leave Cash Out For Retirement or Death:

At the time of retirement from state service or at death, an eligible employee

or the employee’s estate will receive cash for their total sick leave balance

on a one (1) hour for four (4) hour basis. For the purposes of this Section,

retirement will not include “vested out of service” employees who leave

funds on deposit with the retirement system.

C. If, at any time during the term of this Agreement, the Legislature of this

state should pass any legislation which would allow any group of state

employees to cash out or otherwise receive compensation for accumulated

sick leave upon retirement, said legislative provisions shall immediately

become a part of this Agreement and shall be fully applicable to all

employees covered by this Agreement.

Section 15. Employees may designate sick leave as a supplemental benefit while receiving a

partial wage replacement for paid family and/or medical leave under the

Washington State Paid Family and Medical leave Insurance Program, Title 50A

RCW. The employer may require verification that the employee has been approved

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to receive benefits for paid family and/or medical leave under Title 50A RCW

before approving sick leave as a supplemental benefit.

ARTICLE 18

EAVES OF ABSENCE

Section 1. Employment Status

An employee retains employment rights when working, when the employee is on a

contract provided leave or when the employee is on a leave of absence (paid or

unpaid) approved in writing in advance of taking the leave. Employees on unpaid

leave of absence are not entitled to employer paid medical benefits, unless eligible

under sick leave or the Family Medical Leave Act (FMLA). An employee taking a

leave, which is not pre-approved, is absent without an approved leave and subject

to progressive discipline as set forth in the Washington State Ferries employee code

of conduct handbook.

Section 2. Employee Accountability

An employee absent from work for three (3) consecutive days and who is not on an

approved leave may forfeit the employee’s seniority rights and will be subject to

the progressive disciplinary process, the determination of which shall be case

specific.

Section 3. Leave Time Defined and Approved in Advance

In the case of all leaves, the Employee shall obtain managerial written approval in

advance of taking the leave using the appropriate leave claim method provided by

the Employer. Request for absences due to illness/injury or other unforeseen events

shall be submitted by the employee as soon as possible. Medical certification for

absences of five (5) days or more for absences due to medical reasons is required.

Medical certification may also be required when good cause exists to believe the

employee is abusing sick leave. Sick leave for less than five (5) days shall be

requested through DOTtime or on the payroll timesheet, whichever is applicable.

For absences over five (5) days, the request must be through DOTtime or on the

appropriate form provided by the Employer. For medical leaves over thirty (30)

days, the employee must also submit a Certificate of Health Care Provider on the

appropriate form provided by the Employer. The Employer shall provide

employees with a Request for Extended Leave Form with an explanatory cover

letter normally no later than thirty (30) days after their first day of absence. The

completed Request for Extended Leave Form should be submitted to the Employer

as soon as possible after receipt.

Section 4. Leave Approval

On all leaves, the employee must indicate a start date for the leave and ending date

for the leave. The terms of all leaves of absence shall be reduced to writing and may

be extended up to the maximum time allowed for the specific leave. An employee

must obtain written managerial approved extensions before the end date of the

leave, except in cases of emergency. Extensions must be applied for a minimum of

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five (5) working days before the end of the leave. Extensions to leaves beyond the

maximum times allowed will be non-precedent setting.

Section 5. Return from Leave

Employees who have been on an approved leave of absence shall return to work on

the date specified on the leave request. An employee on leave of absence (paid or

unpaid) who fails to report to work at the end of such leave, or fails to obtain a

written extension before the leave expiration date and does not report to work, is

absent without an approved leave and subject to the rule outlined in Section 2,

unless the failure was unavoidable due to injury or illness, which must be

documented in writing and certified by a physician as soon as possible in order to

be considered for return to work.

Section 6. No Accrual

An employee on a leave of absence without pay or by reason of an industrial

injury/illness will continue to accrue seniority only for the purposes of layoff and

recall during such leave. During such leave, vacation and sick leave shall not be

accrued.

Section 7. Non-occupational Medical Condition

An employee, may request a leave of absence due to a non-occupational medical

condition that prevents them from performing the essential job functions. Such

leave may be granted consistent with the Federal Family and Medical Leave Act of

1993 (FMLA) and any amendments thereto and the Washington State Paid Family

and Medical Leave Program (PFML). An employee absent for more than twelve

(12) consecutive months, not broken by more than sixty (60) days of work, may be

subject to re-evaluation as fit for duty. If the employee is unable to return to work,

the employee may be subject to an extension of leave, reasonable accommodation

(reference Article 32, Accommodation for Disabilities) or disability separation. The

determination of which will be case specific. Should the employee’s leave of

absence be extended past twelve (12) months, the employee’s seniority is frozen

and the seniority date adjusted if the employee returns to work. In situations where

the leave is authorized by a governor’s proclamation directly related to health and

safety the employee’s seniority date will remain unchanged.

Section 8. Occupational Injury/Illness

An employee who suffers an occupational injury/illness may request a leave of

absence for the period of incapacitation for which the employee is receiving

Worker's Compensation benefits. Such leave shall continue to be granted only upon

the employee’s presentation of a certificate from a licensed physician, on the form

provided by the Employer, confirming the employee’s inability to work. Such leave

of absence shall not exceed eighteen (18) months. Employees absent for more than

eighteen (18) consecutive months, not broken by more than sixty (60) days of work,

may be re-evaluated as fit for duty. If the employee is unable to return to work, the

leave of absence may be extended by no more than an additional six (6) months as

supported by the employee’s presentation of a certificate from a licensed physician

on a form as provided by the Employer, unless otherwise required by law. At the

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end of the twenty-four (24) month period, the employee will be re-evaluated as fit

for duty. Should the employee not be able to return to work, the employee may be

subject to an extension of leave, reasonable accommodation (reference Article 32)

or disability separation. The determination of which shall be case specific.

Section 9. Reasonable Accommodation

Notwithstanding the time frames as specified in this article, an employee may

request a reasonable accommodation pursuant to Article 32 of this Agreement at

any time that allows the employee to perform the essential job functions of the

employee’s classification for which the employee is otherwise qualified.

Section 10. Medical Review

The Employer reserves the right to require any employee who is on a medical leave

of absence due to an illness or injury beyond thirty (30) days to be assessed by a

Medical Review Officer regarding the employee’s ability to perform the essential

job functions.

Section 11. No Conversion

Leaves approved as compensated leaves shall remain so and shall not be converted

to leave without pay.

Section 12. Unpaid Leave for Reasons of Faith or Conscience

As provided for in WAC 82-56-010, leave without pay will be granted for holidays

of faith and conscience for up to two (2) days per calendar year, provided the

employee’s absence will not impose an undue hardship on the Employer as defined

by WAC 82-56-020, or the employee is not necessary to maintain public safety.

Section 13. Bereavement Leave

A. An employee is entitled to three (3) days of paid bereavement leave if their

family member (identified below) or household member dies. An employee

may request less than three (3) days of bereavement.

For the purposes of this section family members include: parent, parent-in-

law, sibling, spouse, and registered domestic partner as defined by

RCW 26.60.020 and RCW 26.60.030, grandparent, grandchild, child or a

child for whom the employee stands in loco parentis, is a legal guardian or

is de facto parent, regardless of the age or dependency status.

Household members: Persons who reside in the same home who have

reciprocal duties to and do provide financial support for one another. The

term does not include persons sharing the same house when the living style

is primarily that of a dormitory or commune.

B. The employer may require verification of the family member’s or household

member’s death.

C. In addition to paid bereavement leave, the employer may approve an

employee’s request for the use of compensatory time, sick leave, vacation

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leave or leave without pay for the purposes of bereavement and in

accordance with this agreement.

Section 14. Washington Paid Family and Medical Leave Program

A. The parties recognize that the Washington State Paid Family and Medical

Leave (PFML) Program (RCW 50A.04) is in effect and eligibility for and

approval for leave purposes as described under that Program shall be in

accordance RCW 50A.04.

B. The employee will provide the Employer with not less than thirty (30) days’

notice before PFML is to begin. If the need for the leave is unforeseeable

thirty (30) days in advance, then the employee will provide such notice as

is reasonable and practicable.

Section 15. PFML Insurance Program Premiums

The Employer will deduct premium amounts from the wages of each employee in

accordance with RCW 50A.10.030(3)(b)(c). The employer will not pay any portion

of the employee’s share of the premium for family leave or medical leave benefits,

or both.

ARTICLE 19

AFETY, SANITATION, VENTILATION

ND PHYSICAL EXAMINATION

Section 1. The Employer will exert every reasonable effort to provide and maintain safe

working conditions and the Union will cooperate to that end and encourage their

members to work in a safe manner. To that end, a Safety Committee shall be

established to be composed of a minimum of two (2) representatives designated by

the Employer and two (2) representatives designated by the Union representing

Journeyperson craft positions at Eagle Harbor, which Committee shall assist, make

recommendations to, and cooperate with the Employer. The employees designated

for this Committee shall be employees who have knowledge of the practices of the

facility and who have worked for the Employer a minimum of one (1) year. The

functions of such Committee shall be advisory only. This Committee should meet

once a month with minutes of the meeting prepared by Management and a copy

thereof furnished to the Union.

Section 2. All staging, walks, ladders, gangplanks, and safety appliances shall be constructed

in a safe and proper manner by competent mechanics.

Section 3. The Employer shall provide covered transportation with sufficient seating

accommodations for employees to be transported to and from jobs away from the

yard or shop. No material or equipment not safely secured shall be transported in

the same compartment of the truck with employees.

Section 4. The Employer shall furnish suitable guards around welders for the protection of

workers’ eyes.

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Section 5. The Employer shall furnish hard hats and employees shall be required to wear same.

Section 6. Prompt ambulance service and first-aid to injured workers shall be provided on all

shifts, and all employees shall be responsible for the proper enforcement of safety

rules. All first-aid personnel shall be identified, and signs indicating location of first

aid stations shall be posted.

Section 7. An employee suffering an industrial injury who is advised not to resume work by a

nurse, first aid attendant, or physician to whom they have been referred by the

Employer shall be paid their regular straight time pay to the end of the shift on

which the injury occurred. If an injured employee reports such injury immediately

following its occurrence to the nurse, first-aid attendant, or physician designated

and after reporting for work on the following day is advised by the nurse, first-aid

attendant, or physician designated by the Employer not to continue work because

of said injury, they shall be paid to the end of said shift.

Section 8. The Employer shall notify the Union not later than the end of the next regular

working day of any lost-time accidents to any of its members that necessitated

confinement in any hospital or clinic, providing the Employer has knowledge of

such confinement.

Section 9. Suitable lockers, washrooms and drinking water shall be furnished by the

Employer.

Section 10. All toilets and washrooms shall be kept in a clean and sanitary condition, properly

heated and ventilated, and adequate quarters with heat and hot water shall be

provided for persons to change and dry their clothes. Lunch areas with benches and

tables shall be provided and shall be separate from toilet facilities.

Section 11. Where workers are assigned to work in confined spaces as described in the U.S.

Bureau of Labor Safety and Health Regulations for ship repairing and/or ship

building as published by the Bureau of Labor Standards, frequent checks for the

employee’s safety shall be made.

Section 12. There shall be no doctor’s physical examination nor age limit, except as required

by law. Unless required by law, no employee shall be compelled to pay hospital or

insurance fees in the course of employment or as a condition to secure employment.

Section 13. The Employer agrees to reimburse employees up to one hundred thirty dollars

($130.00) maximum per calendar year for industrial work clothing. The wrong

selection of size, style, and/or color will not be subject to or reason for additional

reimbursement. Employees will provide legible proof of a purchase receipt(s) from

the vendor to the Employer in order to be reimbursed. As an alternative, employees

may order two (2) pair of coveralls per calendar year from the Washington State

Correctional Industries organization.

Section 14. All current and new employees shall be annually fit tested for a respirator mask in

accordance with required governmental regulations which require employees be

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clean shaven in the sealing surface area of the face in order to get a proper fit of the

respirator mask. Prior to being fit tested, all employees are required to complete a

medical questionnaire from a Professional Licensed Health Care Provider (PLHCP)

designated by management. An employee must complete all questions as applicable

in the questionnaire each time they submit a medical questionnaire. The

information on the questionnaire is confidential and subject to all protections

provided by state and federal laws. Management will attempt to arrange for the

governmental required annual fit test to occur between June through July of each

year. After the fit test, current employees may re-grow a beard or other facial hair

on the condition that if an employee is required by the employer to work in an

environment which requires a respirator mask the employee shall shave to obtain

the proper fit for the respirator mask. Management will attempt to advise employees

twenty-four (24) hours in advance of the need for donning the respirator mask.

Section 15 During the term of this Agreement, the Employer agrees to reimburse employees

up to eighty-five dollars ($85.00) for the purchase of soft-toed safety shoes or, at

the employee’s option, up to one hundred and forty dollars ($140.00) for the

purchase of safety-toe footwear with either a steel or composite safety-toe and in

accordance with applicable WSDOT and/or WSF policy. The Employer

recommends wearing safety-toe footwear for employees when they are working.

Section 16 The Employer agrees to reimburse employees for TWIC renewal costs.

ARTICLE 20

NION REPRESENTATIVES - MEETINGS AND RELATED MATTERS

A. Union Representatives

Section 1. Upon prior notification, authorized representatives of the Union shall be allowed to

go on the Employer’s property and on board vessels covered by this Agreement at

reasonable times while at the dock, provided that such visitation will not unduly

disrupt the normal work flow of the employees. The Employer will issue the duly

accredited representative a pass for such visits, and the Union agrees that the

Employer is absolved from all claims resulting from any accident involving such

representative while on the property or on board vessels of the Employer.

B. Meetings and Related Matters

Section 1. The Parties agree to have meetings quarterly between Eagle Harbor management

representatives and representatives of the Union, including stewards from the Eagle

Harbor facility. It shall be the responsibility of the parties to determine the schedule

and agenda for such quarterly meetings.

Section 2. The parties agree, in the interest of promoting resolution of grievances and

addressing representational issues at the Eagle Harbor facility, to have monthly

meetings not to exceed one (1) hour of the union stewards. It is understood and

agreed by the parties that the monthly meetings are not intended to conduct internal

Union business. Stewards will be in a straight-time pay status for purposes of

attending the monthly meetings.

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Section 3. The parties agree that Union stewards required by or otherwise directed by the

Employer to attend meetings or discussions on matters under the terms of this

Agreement shall be entitled to travel time to the WSF Headquarters, Pier 52, or

other locations in accordance with applicable travel regulations.

Section 4. A bargaining unit employee may be granted a leave of absence for the purpose of

accepting full-time employment as an official of the Union or for the purpose of

accepting full-time employment with the Employer in a position outside of the

bargaining unit. Anyone taking a leave of absence under this section shall retain

their seniority at the time the leave without pay is effective and shall have the right

to return to the same or comparable open position in the bargaining unit at the same

or comparable wage rate. It is the obligation of the employee to notify the Employer

and the Union of any change in leave status in a timely and responsible manner,

including the employee’s intent to exercise return rights to the bargaining unit.

Section 5. In order that WSF employees serving as delegates to the collective bargaining

negotiating committee for each biennium not suffer any loss of time used in

calculating pension benefits, these employees may code their timesheets as annual

leave when negotiating with the Employer, and the Employer will reimburse their

annual leave account for those hours used (a maximum of eight [8] hours) per day

per contract negotiations meeting.

ARTICLE 21

O LIMITS ON PRODUCTION

There shall be no contract, bonus, piece or task work, nor shall there be a limit on or curtailment

of production, or any self-imposed restrictions placed by employees or imposed by the Union.

ARTICLE 22

IRTY WORK

Section 1. Employees required to work in tanks, bilges, or under floor plates where oil or water

has accumulated, or inside boilers, or disassembling boilers, uptakes or stacks, or

the removal and handling of used dock cable shall be paid double the straight time

rate of pay, for the entire period so employed unless such places are reasonably

clean. Dirty pay situations shall be designated by either the Vessel or Terminal

General Foreperson after review with the Foreperson.

Section 2. When employees are required to clean or work in sewage holding tanks, lift tanks

or come in direct contact with sewage containing human waste, they shall be paid

double the straight time rate of pay, provided they are wearing the required

protective gear.

Section 3. Employees required to perform work while in direct contact with animal/avian

feces will be paid double the straight time rate of pay, for the period such work is

performed provided they are wearing the required protective gear.

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Section 4. It shall be the responsibility of the Vessel or Terminal General Foreperson,

Forepersons and Leadpersons when available, to insure employees are wearing

proper protective gear and to authorize and verify work performed under this

provision.

Section 5. Dirty work under this Article shall be recognized by the Employer and the Union

as work conditions that are more dirty, disagreeable, or unpleasant than normal

Eagle Harbor working conditions. It is the intent of the parties to limit dirty work

pay to situations that are exceptionally dirty relative to normal facility work. In the

event of a dispute over dirty pay, a craft steward, a representative of the Employer,

and a WSF safety office representative, when available, shall make the

determination of dirty work pay prior to commencing work.

ARTICLE 23

SBESTOS PREMIUM

The provisions of this Article shall be applicable only to WSF employees who are members of this

Agreement and who have been selected by management and from those employees certified by

the State of Washington for asbestos work or who are assigned insulation work as defined in

paragraph A herein below.

A. Employees who are actively engaged in asbestos supervision, inspection or abatement

work or removal of deteriorated (in place several years) fiberglass or mineral wool

insulation, or are actively engaged in installation of friable (actually emitting particles)

fiberglass or mineral wool insulation, and are physically in contact with the said substances

shall, during the time they are so engaged, receive a premium payment of twenty percent

(20%) per hour in addition to their regular wage rate. The premium pay shall apply to

removal of protective barriers, but shall not apply during initial set up and preparation for

the work, nor during the time required to put on and remove protective clothing, nor for

any equipment removal and clean-up time.

B. The aforesaid premium payment will not be made in addition to any premium paid pursuant

to the provision of Article 22, Dirty Work, of the current labor agreement between the

parties hereto.

C. Employees who are required to wear special protective clothing furnished by WSF while

performing the work described in paragraph A herein above shall be allowed to dress in

such clothing on WSF time and shall be allowed reasonable time to decontaminate

themselves prior to meal breaks and the end of their shifts.

ARTICLE 24

URISDICTIONAL DISPUTES

The Union agrees that in the event any jurisdictional dispute shall arise with respect to the

jurisdiction of work on any classification of employment, whether or not included in the Appendix

attached hereto, such dispute shall be settled by the affected local Unions. During the period of

dispute, there will be no stoppage of work and work will continue as previously assigned. If the

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Unions are not able to resolve a jurisdictional dispute within ten (10) working days, the Employer

may assign the work in dispute as it deems appropriate until the Unions reach an agreement. Such

action will not be subject to the grievance procedure.

Any letters or MOUs between the Union crafts are not subject to this Article.

ARTICLE 25

ASSES - MEALS

A. Passes

Section 1. Employees shall be issued annual passes authorizing free passage for such

employee, the spouse, and dependents, as well as for such employee’s motor

vehicle and recreation vehicle, including a trailer, on all vessels of the Employer.

Section 2. Employees leaving the service of the Employer shall immediately surrender to the

Employer any passes which have been issued pursuant to this Article.

Section 3. Employees of the Washington State Ferry System who are retired under the

provisions of the State of Washington Public Employees Retirement System or who

become totally and permanently disabled shall be issued annual passes authorizing

free passage for such employee, the spouse, and dependents, as well as for such

employee’s motor vehicle and recreation vehicle, including a trailer, on all vessels

of the Employer.

Section 4. No passes of any kind shall be used for the purpose of commuting to or from

employment other than employment with the WSF. Vehicle passes shall be used

only on a space available basis and shall not be used between Anacortes and Sidney

from June 15 to September 10. Nothing contained in this Section shall be construed

as applying to any employee engaged in traveling to or from work with the

Employer.

Section 5. Vehicle ferry passes are intended to be used for vehicles that the employee and/or

spouse have registered, leased or rented. The vehicle registration or lease/rental

agreement shall be required to be shown when using passes, if requested.

Vehicle passes will not be used to evade a ferry fare. A vehicle not registered, leased

or rented by an employee and/or spouse shall be subject to verification by terminal

staff. Any pass holder, who is uncooperative in the verification process, shall be

subject to WSF code of conduct.

Section 6. Any employee, employee’s spouse or the employee’s dependent(s) who knowingly

violates WSF Pass Use Policies will be subject to a three (3) month suspension of

all pass privileges for a first offense, a one (1) year suspension of all pass privileges

for a second offense and permanent revocation of all pass privileges for a third

offense. The Employer shall publish and provide to the employees and the Union a

copy of the rules, regulations and policies concerning pass usage.

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B. Meals

Section 1. The charge for meals purchased and eaten on board the vessels of the Employer by

employees of WSF represented by the Union, who are on duty or going to and from

duty, shall be at one-half (½) the normal retail price of such meals, rounded upward

to the nearest cent ($0.01).

Section 2. Employees purchasing meals at a discount shall be required to sign sales slips at

the completion of service.

ARTICLE 26

OOLS

Section 1. The Employer shall furnish all required tools to employees in the classifications

listed in Appendix A of this Agreement. If the Employer fails to furnish tools

required by the Employer, then the Employer shall pay any employee assigned to

use such tools twenty-five cents ($0.25) per hour worked until tools are furnished.

Section 2. Employees who are furnished tools shall use reasonable care in the use of tools and

return these to the custody of the Employer when no longer used. Employees shall

have sufficient time at the end of each shift to put away tools on the Employer’s

time. Determination of sufficient time shall be at the Employer’s discretion.

Section 3. Each employee who receives a tool allowance will prepare an inventory of their

tools and provide a copy of the inventory to Eagle Harbor management. Eagle

Harbor management will certify that the inventory is accurate and complete. When

completed and verified, the inventory list will be used by the Employer to authorize

the replacement of lost, stolen, or broken tools. Claims for replacement tools will

be processed in accordance with the established WSF and Eagle Harbor claims

process and procedures.

ARTICLE 27

AVINGS CLAUSE

If any Article of this Agreement or any addenda thereto should be held invalid by operation of law

or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article

should be 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 of such Article.

ARTICLE 28

ANAGEMENT RIGHTS

Subject only to the limitations expressly stated in this Agreement, the Union recognizes that the

Employer retains the exclusive right to manage its business, including but not limited to the right

to determine the methods and means by which its operations are to be carried on, to direct the work

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force, to determine the Employer’s budget and size of the agency’s workforce, and to conduct its

operations in a safe and effective manner.

The agreement expressed herein in writing constitutes the complete and entire agreement between

the parties and no oral agreement or statement shall add to or supersede any of its provisions.

ARTICLE 29

DDITIONAL WAGE STIPEND

In addition to the straight-time hourly rates of pay listed in Appendix A, the Employer will pay a

total of twenty-five dollars ($25.00) per month as an additional wage payment to each employee

covered by this Agreement working sufficient hours to qualify for participation in the State of

Washington Public Employees Retirement System.

ARTICLE 30

EALTH CARE BENEFITS AMOUNTS

30.1 A. For the 2021-2023 biennium, the Employer will contribute an amount equal to

eighty-five percent (85%) of the total weighted average of the projected medical

premium for each bargaining unit employee eligible for insurance each month, as

determined by the Public Employees Benefits Board (PEBB). The projected

medical premium is the weighted average across all plans, across all tiers.

B. The point-of-service costs of the Classic Uniform Medical Plan (deductible, out-

of-pocket maximums and co-insurance/co-payment) may not be changed for the

purpose of shifting health care costs to plan participants, but may be changed from

the 2014 plan under two (2) circumstances:

1. In ways to support value-based benefits designs; and

2. To comply with or manage the impacts of federal mandates.

Value-based benefits designs will:

1. Be designed to achieve higher quality, lower aggregate health care services

cost (as opposed to plan costs);

2. Use clinical evidence; and

3. Be the decision of the PEBB.

C. Article 30.1 (B) will expire June 30, 2023.

30.2 A. The Employer will pay the entire premium costs for each bargaining unit employee

for dental, basic life, and any offered basic long-term disability insurance coverage.

If changes to the long-term disability benefit structure occur during the life of this

PNWRCC 2021-23

Agreement, the Employer recognizes its obligation to bargain with the Coalition

over impacts of those changes within the scope of bargaining.

B. If the PEBB authorizes stand-alone vision insurance coverage, then the Employer

will pay the entire premium costs for each bargaining unit employee.

30.3 Wellness

A. To support the statewide goal for a healthy and productive workforce, employees

are encouraged to participate in a Well-Being Assessment survey. Employees will

be granted work time and may use a state computer to complete the survey.

B. The Coalition of Unions agrees to partner with the Employer to educate their

members on the wellness program and encourage participation. Eligible, enrolled

subscribers shall have the option to earn an annual one hundred twenty-five dollars

($125.00) or more wellness incentive in the form of reduction in deductible or

deposit into the Health Savings Account upon successful completion of required

Smart Health Program activities. During the term of this Agreement, the Steering

Committee created by Executive Order 13-06 shall make recommendations to the

PEBB regarding changes to the wellness incentive or the elements of the Smart

Health Program.

30.4 The PEBB Program shall provide information on the Employer Sponsored Insurance

Premium Payment Program on its website and in an open enrollment publication annually.

30.5 Medical Flexible Spending Arrangement

A. During January 2022 and again in January 2023, the Employer will make available

two hundred fifty dollars ($250.00) in a medical flexible spending arrangement

(FSA) account for each bargaining unit member represented by a Union in the

Coalition described in RCW 41.80.020(3), who meets the criteria in Subsection

30.5 B below.

B. In accordance with IRS regulations and guidance, the Employer FSA funds will be

made available for a Coalition bargaining unit employee who:

1. Is occupying a position that has an annual full-time equivalent base salary

of fifty thousand four dollars ($50,004.00) or less on November 1 of the

year prior to the year the Employer FSA funds are being made available;

and

2. Meets PEBB program eligibility requirements to receive the Employer

contribution for PEBB medical benefits on January 1 of the plan year in

which the Employer FSA funds are made available, is not enrolled in a high-

deductible health plan, and does not waive enrollment in a PEBB medical

plan except to be covered as a dependent on another PEBB non-high

deductible health plan.

3. Hourly employees’ annual base salary shall be the base hourly rate

multiplied by two thousand eighty-eight (2,088).

PNWRCC 2021-23

4. Base salary excludes overtime, shift differential and all other premiums or

payments.

C. A medical FSA will be established for all employees eligible under this Section

who do not otherwise have one. An employee who is eligible for Employer FSA

funds may decline this benefit but cannot receive cash in lieu of this benefit.

D. The provisions of the State’s salary reduction plan will apply. In the event that a

federal tax that takes into account contributions to an FSA is imposed on PEBB

health plans, this provision will automatically terminate. The parties agree to meet

and negotiate over the termination of this benefit.

E. Eligible employees will be provided information regarding the benefit and use of

the FSA funds at new employee orientation, during open enrollment periods, and

at the beginning of each plan year. The PEB Health Care Benefits Labor Coalition

and Health Care Authority committee will confer on methods of ensuring eligible

employees understand and are able to access information regarding the FSA

benefit, including exploring ways for employees to access information in preferred

languages.

ARTICLE 31

ON-DISCRIMINATION

Section 1. The Employer and the Union are mutually committed to discourage discrimination

in any and all forms. To this end, the parties agree that they will not engage in any

practice, or pursue any policy, which results in coercion, discrimination, or

harassment because of race, creed, sex, gender expression, gender identity, sexual

orientation, age, color, national origin, marital or veterans’ status, military status,

status as an honorably discharged veteran, disabled veteran, Vietnam era veteran,

genetic information, political affiliation, marital status, any real or perceived

sensory, mental or physical disability, political affiliation, or the presence of a

sensory, mental, or physical disability, status as a victim of domestic violence,

sexual assault or stalking, citizenship or immigration status, or because of

participation or lack of participation in Union activities.

The Employer agrees to provide appropriate training, and the Union agrees to

support and encourage participation in training to positively accept the cultural

diversity that exists in the workplace and to understand, as well as prevent, all forms

of discrimination and harassment.

Section 2. The parties agree that unlawful forms of harassment of any nature are strictly

prohibited. Processing of harassment complaints shall be in accordance with

applicable Department of Transportation (DOT) policies and procedures.

Section 3. The parties to this Agreement agree that acts of discrimination and harassment are

intolerable and shall be subject to appropriate discipline.

PNWRCC 2021-23

ARTICLE 32

CCOMMODATION FOR DISABILITIES

Section 1. WSF will at all times comply with the Americans with Disabilities Act (ADA) and

RCW 49.60 et seq. and DOT Policies regarding reasonable accommodation, as

those statutes and policies apply to WSF Operations. In a case where an employee

has a disability, as defined by ADA or comparable state statute, WSF shall consider

a reasonable accommodation that allows an employee to perform the essential job

functions of the classification for which they are otherwise qualified.

Section 2. In the event the employee cannot perform the essential job functions of the current

classification as determined by WSF, WSF shall consider other open classification

positions within WSF which the employee would be qualified to perform. WSF

shall consider the employee for transfer to such open positions.

Section 3. Employees so transferred to another job classification shall perform the essential

job functions of the new classification and shall be paid the compensation provided

by the new job classification. In no event does WSF guarantee that an employee

will be accommodated by a job transfer.

ARTICLE 33

IME, LEAVE, AND ATTENDANCE

All employees will accurately report time worked, leave taken and other attendance requirements

in accordance with a time reporting process and system(s) as determined by the Employer.

ARTICLE 34

FFECTIVE DATE AND DURATION OF AGREEMENT

Except where otherwise provided, this Agreement shall be effective on July 1, 2021, and shall

continue in effect until June 30, 2023, and shall be considered as renewed from year to year

thereafter between the parties, unless either party shall give written notice to the other of its desire

to amend or to terminate the same. Such notice is to be given at least sixty (60) days prior to June

30, 2023, or sixty (60) days prior to June 30 of any subsequent calendar year.

PNWRCC 2021-23

A-1

APPENDIX A

TRAIGHT TIME HOURLY WAGE RATES

Effective July 1, 2021, the wage rates shall remain as follows and will remain in

effect through June 30, 2023.

Position

Effective 7-1-2021

Journeyperson (all crafts)

$33.09

Leadperson (5% over Journeyperson)

$34.74

Foreperson (10% over Journeyperson)

$36.40

Health & Safety Supervisor (10% over Journeyperson)

$36.40

Planner (10% over Journeyperson)

$36.40

Vessel General Foreperson (12% over Journeyperson)

$37.06

Terminal General Foreperson (12% over Journeyperson)

$37.06

Helper - starting rate: 65% of Journeyperson rate

$21.51

It is the intent of the parties’ signatory hereto to utilize Helpers for unskilled/semi-

skilled work. Along this line, a committee shall be formed to define the Helper's

intended functions, which shall include assisting Journeyperson, and to review any

abuse of Helper functions. Such committee will be comprised of two (2)

management representatives and two (2) representatives from the Unions

representing employees at the Eagle Harbor facility. Helpers will not be hired to

perform Journeyperson/Apprentice work.

There may be a ratio of one (1) Helper to every five (5) Journeyperson. No Helper

shall be upgraded to Journeyperson without the mutual consent of management and

the Union.

Helpers shall be subject to layoff before Journeypersons and Apprentices who are

actively employed by the Employer in permanent or temporary positions.

Shipyard Competent persons shall receive a ten percent (10%) per hour premium

while performing such duties.

All “hours” referred to herein means hours of work with the Employer in the

classification indicated.

Penny Rounding Differences: The Union and the Employer recognize that the

statewide payroll system (HRMS) rounds payroll calculations to five (5) decimal

places. Therefore, manual calculations using rates in the Collective Bargaining

Agreement may result in penny rounding differences. The parties accept these

differences and do not require further payroll adjustments that would cause the

PNWRCC 2021-23

A-2

employee to pay back penny rounding differences or for the Employer to add penny

rounding differences to an employee’s pay.

PNWRCC 2021-23

M-1

A. MEMORANDUM OF UNDERSTANDING

ETWEEN

HE STATE OF WASHINGTON

AND

ACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS

The State of Washington Human Resources, Office of Financial Management/Labor

Relations Section (Employer) and The Pacific Northwest Regional Council of Carpenters

(PNWRCC), enter into the following Memorandum of Understanding (MOU) regarding

the base rates of pay in the PNWRCC Successor Collective Bargaining Agreement for

2021-2023 biennium.

The parties agree as follows:

1. If the Employer agrees to a greater general percentage increase to the base rate of

pay for another Washington State Ferries bargaining unit, then that percentage

increase to the base rate of pay will also become a part of the Tentative Agreement

for this bargaining unit. This MOU does not apply to targeted increases to specific

job classes (for example to correct inversion as a result of previous interest

arbitration awards), or to base wage increases that occur as a result of interest

arbitration awards. This MOU applies solely to the base rate of pay and will not

affect any other economic terms of either a Tentative Agreement or of a Collective

Bargaining Agreement.

2. All tentative agreements affected by this MOU will continue to be subject to the

applicable provisions of RCW 47.64, including those of financial feasibility

determination and funding.

This MOU will expire on June 30, 2023.

For the Employer

For the Union

/s/

Brenda Moen, Labor Negotiator

Chris Lambert, PNWRCC

PNWRCC 2021-23

M-2

B. MEMORANDUM OF UNDERSTANDING

ETWEEN

HE STATE OF WASHINGTON

AND

HE COALITION OF WSF MARINE UNIONS

COVID-19 continues as an ongoing and present threat in Washington State. The measures

we have taken together as Washingtonians over the past 18 months, have made a difference

and have altered the course of the pandemic in fundamental ways.

COVID-19 vaccines are effective in reducing infection and serious disease, and widespread

vaccination is the primary means we have as a state to protect everyone. Widespread

vaccination is also the primary means we have as a state to protect our health care system,

to avoid the return of stringent public health measures, and to put the pandemic behind us.

It is the duty of every employer to protect the health and safety of employees by

establishing and maintaining a healthy and safe work environment and by requiring all

employees to comply with health and safety measures. As a result of the above noted

situation, to help preserve and maintain life, health, property or the public peace, all

employees of the State of Washington are now required to become fully vaccinated or

covered by an exemption in accordance with the Governor’s proclamation 21-14.1.

In recognition of the above, the parties agree to the following:

1. All employees will take the necessary steps to be fully vaccinated by

October 18, 2021, or be approved for an accommodation, unless otherwise

authorized under this agreement. The definition of fully vaccinated may

include FDA-approved booster shots. The parties agree to meet within thirty

(30) days of any announcement that booster shots will become a

requirement for continued employment and bargain the impacts in good

faith to achieve the health and safety goal.

2. Employees who have difficulty accessing vaccinations, due their remote

location or other circumstance, will inform their supervisor or HR

representative as soon as possible. The Employer will assist in identifying

vaccination sites with available appointments.

3. Exemption process

a. The Employer will provide employees with instructions and a list of

all necessary materials that need to be submitted to process an

exemption within three (3) business days of request. Exemption

instructions and materials will also be posted immediately to

Agency SharePoint systems or secured network drives with an email

notice to all staff.

b. Employees will inform their supervisor or HR representative, either

verbally or in writing, as soon as possible if they wish to request a

PNWRCC 2021-23

M-3

medical or religious exemption. Employees are encouraged to

submit the request no later than Monday, September 13, 2021.

However, to the extent that requests are received after September

13, 2021, agencies will continue with processing requests received

up to October 18, 2021. Requests received after this date will not be

subject to the provisions contained in Section 9b.

c. If the Employer requires a second medical opinion in the exemption

process, the Employer will cover all associated costs. The medical

appointment, including travel time, will be considered work time.

d. Employees whose exemption requests are not approved will secure

a vaccination appointment and provide verification of being fully

vaccinated by October 18, 2021 or be subject to non-disciplinary

separation.

e. Only HR staff or staff who are bound to protect confidential and

sensitive information will handle and process exemption

documentation. This information will only be accessed by the

Employer on a need-to-know basis. All information disclosed to the

Employer in the exemption process will be kept confidential. This

information will only be accessed by the Employer on a need-to-

know basis.

4. Accommodations for medical or religious exemptions

a. Employees who are approved for medical or religious exemption

will automatically proceed to the accommodation process. The

Employer will conduct a diligent review and search for possible

accommodations within the agency. Employees requesting

accommodation must cooperate with the Employer in discussing the

need for and possible form of any accommodation.

Consistent with current practice, all information disclosed to the

Employer during the accommodation process will be kept

confidential. This information will only be accessed by the

Employer on a need-to-know basis.

b. Upon request, an employee will be provided a copy of their

reasonable accommodation information that is maintained by the

Employer.

c. The Employer will determine whether an employee is eligible for a

reasonable accommodation and the final form of any

accommodation to be provided. The Employer will attempt to

accommodate the employee in their current position prior to looking

at accommodations in alternative vacant positions.

PNWRCC 2021-23

M-4

d. In the event that an accommodation is not available for an employee

with an approved medical or religious exemption, they will be

subject to non-disciplinary separation as stated in 3(d).

5. Vaccine verification

All information disclosed to the Employer during the vaccination verification

process will be stored in the employee’s confidential medical file only. This

information will only be accessed by the Employer on a need-to-know basis.

6. Workplace safety

a. In accordance with current mandates, DOH and CDC guidelines:

i. employee and visitor masking will be required in all indoor

public areas.

ii. symptom screenings will continue in accordance with DOH

and CDC guidelines.

b. If the employer requires an employee to get a Covid-19 test, it shall

be done on the Employer’s time and expense.

c. The DOH will track worksite and public health data (such as Covid-

19 cases, hospitalizations and deaths) and abide by safety protocols

established by DOH and the CDC.

7. Paid leave

a. Employees will be allowed a reasonable amount of paid time for the

employee to travel and receive each dose of COVID-19

immunization. The employer may require that the request for leave

be supported by documentation, which may include proof of the

vaccination. If the employer is offering vaccine at the workplace,

the employer will allow employees to receive the vaccine on work

time.

b. When an employee tests positive using a rapid test at screening and

is sent home to isolate and the confirmation test comes back

negative, any use of accrued leave during the isolation period will

be credited back to the employee’s leave bank.

c. If the employee’s accrued sick leave is at risk of falling under forty

(40) hours, they may request shared leave from the shared leave

bank if they are required to isolate or quarantine and the employer

is unable to accommodate an alternative work assignment.

d. After October 19, 2021 and no later than December 31, 2021,

employee’s leave accounts will be credited one (1) personal leave

day. This personal leave day must be taken within the 2022 calendar

year.

PNWRCC 2021-23

M-5

8. Workplace conditions

The agency will establish a contingency plan to address potential staffing crisis due

to vacancies created by the vaccination mandate. Due to public and staff safety

concerns the content of these plans will not be made public without mutual written

agreement by the parties to this MOU. The parties agree to continue to meet to

discuss questions regarding contingency plans.

The assignment of overtime due to staffing shortages will be assigned in accordance

with the collective bargaining agreements.

9. Conditions of Employment

a. If an employee is not fully vaccinated by October 18, 2021 and has

officially submitted retirement paperwork to DRS, the employee

may use accrued vacation leave or leave without pay until their

retirement date. This provision expires on December 31, 2021. The

use of accrued leave shall be subject to the definitions and provisions

contained in the collective bargaining agreement.

b. If an employee has initiated their exemption request by September

13, 2021 and cooperates with the process, and the exemption is still

being reviewed on October 18, 2021, the employee will suffer no

loss in pay until the exemption decision is provided. If an

employee’s exemption request has been approved but an

accommodation has not been identified, the employee may use a

combination of annual leave and leave without pay after October 18,

2021. If the exemption request is denied or an accommodation is not

available, the employee may use a combination of annual leave and

leave without pay for up to 45 days to become fully vaccinated.

Failure to provide proof of beginning the process of becoming fully-

vaccinated within ten (10) calendar days of denial will result in non-

disciplinary separation. Failure to provide proof of full vaccination

within the 45-day period will result in non-disciplinary separation.

c. If an employee receives the first dose of the vaccination late and

fails to become fully vaccinated by October 18, 2021, the employee

may use leave without pay for up to thirty (30) calendar days to

become fully vaccinated and retains the right to return to their

previous position or a vacant position in the same job class at their

work location provided the employee has become fully vaccinated

and the employer has not permanently filled their previous position.

This provision expires on November 17, 2021.

d. If an employee has not initiated an exemption request and fails to

provide proof of vaccination by October 18, 2021, the employee will

be subject to non-disciplinary separation.

PNWRCC 2021-23

M-6

e. Employees who are subject to non-disciplinary separation shall be

eligible for state employment upon becoming fully vaccinated.

10. Leave without pay taken in accordance with this MOU will not impact

seniority dates.

11. By mutual agreement, any grievance pertaining to provisions in this MOU

will be expedited.

The provisions of this MOU shall expire on December 31, 2021 and may be renewed upon

mutual agreement.

Dated September 7, 2021

For the Employer:

For the Unions:

/s/

Jerry Holder, Senior Labor Negotiator

OFM/State Human Resources

Rhonda Fenrich, Lead Negotiator

WSF Marine Union Coalition

PNWRCC 2021-23

M-7

C. MEMORANDUM OF UNDERSTANDING

BETWEEN

THE STATE OF WASHINGTON

AND

WASHINGTON STATE FERRIES COALITION OF UNIONS

2023 General Wage Increase

In recognition of our agreement to forego normal impasse procedures such as fact finding

or interest arbitration for the purpose of addressing a general wage increase for fiscal year

2023, the employer offers the following proposal.

2023 General Wage Increase

Effective July 1, 2022, each member of each bargaining unit of the Marine Unions

Coalitions shall have their base wage rate increased three and twenty-five percent

hundredths percent (3.25%). This increase is based on the base wage rates in effect on June

30, 2022.

Lump Sum Distribution

A. Effective July 1, 2022, bargaining unit employees will receive a lump sum amount

as shown in subsection B, who:

1. Is hired on or before July 1, 2022.

2. Is occupying a position that has an annual full-time equivalent base salary

of less than ninety-nine thousand dollars ($99,000.00) on June 30, 2022

after all adjustments to an employee’s base salary have been completed.

3. Base salary excludes overtime, shift differential and all other premiums or

payments.

4. Hourly employees’ annual base salary shall be the base hourly rate

multiplied by two thousand eighty-eight (2,088).

B. On the July 25, 2022, paycheck, the Employer will make payments to bargaining

unit employees that correspond to the annual full-time equivalent base salary as

described in A.2.

PNWRCC 2021-23

M-8

Annual Full-time Salary Equivalent

Maximum Lump Sum

Payment Amount

Greater than

or Equal to

Less than

$28,584

$47,331

$2,500.00

$47,331

$64,554

$1,875.00

$64,554

$81,777

$1,250.00

$81,777

$99,000

$625.00

$99,000

$0.00

1. Bargaining unit employees who occupy more than one position will receive

only one lump sum payment. Eligibility for the lump sum payment will be:

a. Based upon the position in which work was performed on July 1,

2022; or

b. If no work was performed on July 1, 2022, then based on the position

from which the employee receives the majority of compensation.

2. The amount for the lump sum payment for part-time employees will be

proportionate to the number of hours the part-time employee was in pay

status during fiscal year 2022 in proportion to that required for full-time

employment.

Dated September 22, 2021

For the Employer

For the Union

/s/

Jerry Holder, Senior Labor Negotiator

OFM/State Human Resources

Rhonda Fenrich, Lead Negotiator

WSF Marine Union Coalition

THE PARTIES, BY THEIR SIGNATURES BELOW, ACCEPT AND AGREE TO THE

TERMS AND CONDITIONS OF THIS COLLECTIVE BARGAINING AGREEMENT.

Executed this 1

day of July 2021.

For the Pacific NW Regional Council of Carpenters:

/s/ /s/

Dan Hutchins

Director of Contract Administration

PNWRCC

/s/

Anders Black

Business Representative

PNWRCC

Chris Lambert

Contract Administrator

PNWRCC

For the State of Washington:

/s/ /s/

Jay Inslee

Diane Lutz, Section Chief

Governor

OFM/SHR, Labor Relations and

Compensation

Policy Section

/s/

Brenda Moen, Lead Negotiator

OFM/SHR, Labor Relations and

Compensation Policy Section