Commission Agenda – Action Item No. 8g_attach

Meeting Date: November 29, 2022

MEMORANDUM OF UNDERSTANDING

Between the

PORT OF SEATTLE

and the

SEATTLE BUILDING AND

CONSTRUCTION TRADES COUNCIL

and its

AFFILIATED LOCALS

MAINTENANCE AGREEMENT ADDENDUM

The Port of Seattle (“Port”) and the Seattle Building and Construction Trades Council and its

Affiliated Locals (“Union”) agree to the following:

Whereas the Port and the Union are Parties to a Maintenance Agreement Addendum (MAA)

covering Regular Employees, Apprentices, and Emergency Employees, in both the Marine

Maintenance and Aviation Maintenance Departments in effect through December 31, 2023;

Whereas through Port Construction Services (PCS) the Port manages construction projects and

other work as assigned with the use of its’ own forces and/or private contractors, primarily for

use on jobs within Small Works;

Whereas when PCS determines to use its’ own forces on construction projects and other work as

assigned, PCS hires Laborers, and Operating Engineers;

Whereas PCS currently does not employ Regular Employees as defined in the MAA;

The Port and the Union agree that the following MAA provisions shall apply to the PCS

employees as follows;

Beginning upon execution:

1. Article 5. Definition of Employee: Shall apply to PCS employees to include the

following definition:

E. Port Construction Services (PCS) Regular Employee: PCS Regular Employees

shall mean those employees who have been hired by Port PCS in accordance with

the Port's required posting and selection procedures.

F. Port Construction Services (PCS) Emergency Hire Employee: PCS

Employees shall mean those employees who have been hired by Port PCS to meet

the temporary and/or fluctuating needs of PCS. Such employees are hired without

the necessary posting requirements to qualify them as a Regular Employee.

2. Article 7. Terms and Conditions, shall be amended to read as follows:

Commission Agenda – Action Item No. 8g_attach

Meeting Date: November 29, 2022

PCS Regular Employees shall be compensated, on an hourly basis, to all regular

journey level employees an hourly rate equal to 88% of the construction rates as

defined by the labor agreements between the Unions and their construction

contractors. Benefits, provided in the Maintenance Addendum shall be extended

to the PCS Regular Employees, unless modified by this MOU:

Holidays;

Floater Holidays;

Paid Time Off;

Sick Leave;

Paid medical leaves;

Deferred Compensation;

Paid Parental Leave;

Paid Family Leave;

Flexible Spending Account;

Bereavement leave and;

Safety shoe stipend;

And other benefits provided through Port Policies for Maintenance

Employees, including but not limited to jury duty

PCS emergency hire employees hired by the Port shall be compensated at the

construction rate with current fringe benefits as provided for in respective area

construction agreements. This is in lieu of holidays, paid time off, bereavement

leave and safety shoe stipend.

All new PCS employees, excluding PCS emergency employees, shall be subject

to a one hundred and eighty (180) calendar day probationary period commencing

with their first compensated day of regular employment. Employees hired into

regular positions who have served in emergency hire status in six (6) months of

the last eighteen months shall be considered to have served their probationary

period.

PCS laborer and operator employees who have been performing on-going work

and who have exceeded 180 calendar days will convert to PCS Regular Employee

positions. Therefore, the Port of Seattle and the Seattle Building Trades agree that

the laborer and operator positions represented by the Seattle Building Trades and

Affiliated Unions, will be converted as follows:

• The vacation accrual rate for PCS employees who become PCS Regular

Employees shall be based on their initial date of hire at the Port unless they

have had more than a six (6) month or longer break in service. In such case,

the accrual rate will be based on the date of their return to work at the Port

after the six month or longer break in service.

Commission Agenda – Action Item No. 8g_attach

Meeting Date: November 29, 2022

• The Port shall provide PCS laborers and operators converted to PCS Regular

Employees a one-time Five Hundred Dollars ($500.00) lump sum payment to

be paid the first full pay period following execution of this Agreement.

• PCS laborers and operators converted to PCS Regular Employees will be

eligible for the 2022 Christmas holiday, one (1) 2022 Floating holiday, and

the 2023 New Year’s holiday.

• This is a one-time agreement that will apply to all PCS laborer and operator

positions converted to PCS Regular Employees.

3. Article 12. Shop Stewards, shall extend to PCS employees to include that the Union

has the right to appoint one (1) PCS employee as a shop steward per craft.

4. Article 13. Fringe Benefits, items A., B., C., and D.

5. Article 26. Bi-weekly Pay, PCS employees pay shall be distributed on a biweekly

basis consistent with the payroll procedures for non-represented employees effective

December 23, 2022. As a condition of employment, all employees are required to

participate in the Port’s direct deposit program for payroll purposes.

This Memorandum of Understanding is effective upon signing and shall expire when

Commission Agenda – Action Item No. 8g_attach

Meeting Date: November 29, 2022

incorporated into a successor Collective Bargaining Agreement between the Parties, extended by

mutual agreement or on December 31, 2023, whichever is sooner. Any dispute regarding the terms

of this MOU or the terms and conditions of employment of employees covered by this MOU shall

be resolved via the dispute resolution procedure in Article 21 of the Maintenance Addendum. Any

items not addressed by this MOU shall be governed by the terms and conditions of the appropriate

uptown outside agreements.

FOR THE SEATTLE/KING COUNTY BUILDING & CONSTRUCTION TRADES COUNCIL

AND ITS AFFILIATED UNIONS:

___________________________________ Date: _________________

Monty Anderson, Executive Secretary,

Seattle Building and

Construction Trades Council

Dale Cannon

Laborers Local Union, Local No. 242

Mark Allard

International Union of Operating Engineers, Local No. 302

FOR THE PORT OF SEATTLE:

___________________________________ Date: __________________

Stephen P. Metruck

Executive Director