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employed up to nine (9) consecutive months in duration at pay range 01-008. Seasonal Parks <br /> positions may accrue holiday pay and vacation time on a pro-rated basis worked. Step <br /> increases, longevity, and vacation accrual will be based on 2080 hours of regular work. The <br /> number of Seasonal Day Laborers positions shall not exceed twenty (20) in a calendar year. <br /> The City has the right to assign duties and shift schedules. Shift schedules will remain flexible. <br /> Seasonal Day Laborers are not entitled to out-of-class pay unless they are performing work <br /> associated with classifications compensated above range 01-015 that is beyond the scope of <br /> work contained within their applicable job description. Seasonal Day Laborers assigned to <br /> operate a vehicle requiring a Commercial Driver's License for two (2) or more hours shall be <br /> compensated at the 01-014 range. Seasonal Day Laborers assigned to apply any materials <br /> requiring a Washington State Public Pesticides Operator's License shall receive a five percent <br /> (5%) premium for all hours worked while applying such materials. A Seasonal Day Laborer <br /> may only be utilized during the aforementioned nine (9) month seasonal peak workload unless <br /> by mutual agreement of the parties. <br /> Section 4: Hiring and Compensation of Day Laborers <br /> A. The Mayor or his/her designee shall have the sole discretion to hire and terminate all <br /> day laborers, with or without cause, and to establish the rate of pay for all day laborers, except <br /> those employed in the City Library or those employed in 9 month Seasonal Day Laborer Parks <br /> positions. The rate of pay for a day laborer shall not exceed the contractual rate for like work. <br /> B. In the case of day laborers employed in the Library, the Everett Library Board, together <br /> with the Library Director, shall establish the rate of pay for said employees. <br /> C. In establishing the rate of pay for all day laborers, emphasis shall be given to the <br /> qualifications, experience and background of the prospective employee, and the nature of the <br /> position which will be filled by the employee. <br /> D. All day laborers who are directed by their Department Head or duly appointed supervisor <br /> to work more than 40 hours in a calendar week, shall be paid at one-and-one-half times the <br /> employee's regular hourly rate. This section shall not be construed to entitle day laborers to <br /> any benefits or compensation set forth in Article 10 (with the exception of Seasonal Parks <br /> positions as outlined in 3.C. above). <br /> E. Except as specifically provided in this Article, day laborers shall not be entitled to any <br /> other compensation or benefits (including, but not limited to, holiday pay, vacation, sick leave or <br /> insurance), except as may be required by applicable law. <br /> Section 5: <br /> A. The City will establish a monitoring system that will notify AFSCME and Department <br /> Heads monthly of each day laborer's remaining work time. <br /> B. The parties agree that generally no extensions for day laborers shall be allowed. On <br /> rare occasions and with special circumstances, the parties may enter a written agreement that <br /> would allow specific extensions on the aforementioned timelines. <br /> Page 38 <br />