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COMMISSION AGENDA – Action Item No. 8h_attach

Meeting Date: November 29, 2022

MEMORANDUM OF UNDERSTANDING

Between the

PORT OF SEATTLE

and the

SEATTLE BUILDING AND

CONSTRUCTION TRADES COUNCIL

and AFFILIATED LOCAL 86 IRON WORKERS

MAINTENANCE AGREEMENT ADDENDUM

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

Affiliated Local 86 Iron Workers (“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 through Iron Workers Local 86;

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:

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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 iron worker 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 iron

worker 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

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Meeting Date: November 29, 2022

rate will be based on the date of their return to work at the Port after the six month

or longer break in service.

• 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) Floating holiday, and 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 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

By Date: _________________

Chris McClain, Business Manager

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Meeting Date: November 29, 2022

Iron Workers Local Union, Local No. 86

FOR THE PORT OF SEATTLE:

___________________________________ Date: __________________

Stephen P. Metruck

Executive Director