Everett Municipal Employees Local 113 AFSCME 1/17/2023

C. Recognizing the necessity to maintain on-going,continuous programs in the Parks Department, the parties agree that day laborers employed in Seasonal Parks positions may be employed up to nine(9)consecutive months in duration at pay range 01-008. Seasonal Parks positions may accrue holiday pay and vacation time on a pro-rated basis worked. Step increases,longevity,and vacation accrual will be based on 2080 hours of regular work. The number of Seasonal Day Laborers positions shall not exceed seventeen(17)in a calendar year. The City has the right to assign duties and shift schedules. Shift schedules will remain flexible. Seasonal Day Laborers are not entitled to out-of-class pay unless they are performing work associated with classifications compensated above range 01-015 that is beyond the scope of work contained within their applicable job description. Seasonal Day Laborers assigned to operate a vehicle requiring a Commercial Driver's License for two(2)or more hours shall be compensated at the 01-014 range. Seasonal Day Laborers assigned to apply any materials requiring a Washington State Public Pesticides Operator's License shall receive a five percent(5%)premium for all hours worked while applying such materials. A Seasonal Day Laborer may only be utilized during the aforementioned nine(9)month seasonal peak workload unless by mutual agreement of the parties. Section 4: Hiring and Compensation of Day Laborers A. The Mayor or their designee shall have the sole discretion to hire and terminate all day laborers, with or without cause,and to establish the rate of pay for all day laborers,except those employed in the City Library or those employed in 9 month Seasonal Day Laborer Parks positions. The rate of pay for a day laborer shall not exceed the contractual rate for like work. B. In the case of day laborers employed in the Library,the Everett Library Board,together with the Library Director,shall establish the rate of pay for said employees. C. In establishing the rate of pay for all day laborers,emphasis shall be given to the qualifications, experience and background of the prospective employee,and the nature of the position which will be filled by the employee. D. All day laborers who are directed by their Department Head or duly appointed supervisor to work more than 40 hours in a calendar week,shall be paid at one-and-one-half times the employee's regular hourly rate. This section shall not be construed to entitle day laborers to any benefits or compensation set forth in Article 10(with the exception of Seasonal Parks positions as outlined in 3.C. above). E. Except as specifically provided in this Article,day laborers shall not be entitled to any other compensation or benefits(including,but not limited to,holiday pay,vacation, sick leave or insurance),except as may be required by applicable law. Section 5: A. The City will establish a monitoring system that will notify AFSCME and Department Heads monthly of each day laborer's remaining work time. B. The parties agree that generally no extensions for day laborers shall be allowed. On rare occasions and with special circumstances,the parties may enter a written agreement that would allow specific extensions on the aforementioned timelines. 39