HomeMy WebLinkAboutR-1999-017 Collective BargainingRESOLUTION NO. R-99- 17
A RESOLUTION authorizing and directing the City Manager and City Clerk
of Yakima to execute collective bargaining agreements for
calendar years 1999 and 2000 with the International
Association of Firefighters (Fire LEOFF, Fire PERS and
Public Safety Communications), AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Fire LEOFF Fire Department employees
and Fire PERS Fire Department employees represented by the International
Association of Firefighters (Fire LEOFF, Fire PERS and Public Safety
Communications), Local 469, AFL-CIO, ,resulting in the attached proposed
collective bargaining agreement documents for calendar years 1999 and 2000,
and
WHEREAS, the City Council deems it to be in the best interests of the
City that such collective bargaining agreement be executed by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby.
authorized and directed to execute collective bargaining agreements for
calendar years 1999 and 2000 with the International Association of Firefighters
(Fire LEOFF, Fire PERS and Public Safety Communications), Local 469, AFL-
CIO, copies of which collective bargaining agreements are attached hereto and
by reference made part hereof.
ADOPTED BY THE CITY COUNCIL this 16th day of February,
1999.
ATTEST:
CITY CLERK
) G V 'i
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. U
For Meeting Of 2/16/99
1`1'EM TITLE: Consideration of a Resolution authorizing the execution the 1998-2000
Collective Bargaining Agreements Between the City of Yakima and IAFF
Local 469 (Fire LEOFF, Fire PERS and Public Safety Communications)
SUBMTI"1ED BY: Dick Zais, City Manager
Al Gillespie, Fire Chief
Gene Martin, Deputy Fire Chief
Sheryl M. Smith, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE: Al Gillespie, x6060
SUMMARY EXPLANATION:
The attached resolution authorizes three, two year Agreements with the IAFF, Local 469 for the
Fire LEOFF, Fire PERS and Public Safety Communications bargaining units. These contracts
represent the result of several months of negotiations between the parties. The Fire LEOFF, Fire
PERS and Public Safety Communications economic settlements are the same and were
previously enacted by Council in legislation effective January 1, 1999. The settlement packages
are outlined below:
Major 1999-2000 Fire LEOFF, Fire PERS & Public Safety Communications Labor Settlement
Provisions
•Duration: 1/1/99-12/31/00.
•Wages: 1/1/99 - 2.5% for LEOFF, PERS & Communications Personnel
7/1/99 - 1.5 % for LEOFF, PERS & Communications Personnel
1/1/00 -100% of the average of the U.S. Cities CPI -W and Seattle CPI -W, June -
June; 2.0% minimum - 3.5 maximum.
•Health Insurance:
LEOFF I, LEOFF II, PERS & Communications Dependent Coverage/Premium
Contributions -
1/1/99 - Maintain same formula with the City paying the first $50.00 and an
employee cap at $125.00/mo.
1/1/00 - City and Local 469 to each pay 50% of dependent unit cost; increase
employee cap to $140.00/mo.
• LEOFF I, LEOFF II, PERS & Communications Life Insurance: 1/1/99 - Increase coverage
from $10,000 to $20,000.
•LEOFF I, LEOFF II, PERS & Communications Longevity: 1/1/99 - Add a 29 year step at 10%.
•Special Pays: Maintain 5.0% special assignment pay for day positions & initiate 5.0%
special assignment pay for Investigator.
•Holiday Pay/Personal Holiday: Fire PERS and Communications Personal Holidays to be
earned on the basis of one full shift.
*Lead Dispatcher Compensation: Maintain the current 10% special assignment pay until the
end of the trial period; then to be reviewed and discussed farther.
*Deferred Compensation: Maintain current contract language.
*Physical Examinations: Employer paid physical examinations for all personnel beginning
at age 40 and at 2 year intervals thereafter.
•The parties have agreed to continue to work on two outstanding issues, discipline and
conversion of sick leave cashouts to a VEBA account at the time of retirement for LEOFF II and
PERS bargaining unit members.
According to the City's calculations, the 1999 combined settlement cost to the City is estimated
at $173,940 or 3.25% above 1998 levels for all three bargaining units.
Resolution X Ordinance Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL ------) \ \
-1 City Manager
STAFF RECOMMENDATION:
Enact Resolution Authorizing the Execution of the Fire
LEOFF, Fire PERS and Public Safety Communications
Collective Bargaining Agreements.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL AC'TION:
- Page 2 -
1999-2000
COLLECTIVE BARGAINING AGREEMENT
PUBLIC SAFETY DISPATCHERS AND SUPERVISOR
By and Between
THE CITY OF YAKIMA, WASHINGTON
LOCAL 469
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AFL-CIO
EFFECTIVE:
January 1, 1999 through December 31, 2000
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 - UNION SECURITY 1
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 2
ARTICLE 5 - EMPLOYEE RIGHTS 3
ARTICLE 6 - PRODUCTIVITY 3
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 4
ARTICLE 8 - GRIEVANCE PROCEDURE 4
ARTICLE 9 - RELEASE r'ROM DUTY 7
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 8
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 8
ARTICLE 12 - PROMOTIONAL STANDARDS FOR BARGAINING UNIT
MEMBERS 9
ARTICLE 13 - REFRESHMENT FUNDS 10
ARTICLE 14 - WAGES 10
ARTICLE 15 - HEALTH CARE INSURANCE 11
ARTICLE 16 - LIFE INSURANCE 13
ARTICLE 17 - LONGEVITY PAY 13
ARTICLE 18 - SPECIAL PAYS 13
ARTICLE 19 - VACATION LEAVE 15
ARTICLE 20 - HOLIDAYS 16
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 17
ARTICLE 22 - SICK LEAVE POOL 19
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 22
ARTICLE 24 - LIGHT DUTY 22
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ARTICLE 25 - COMPENSATORY TIME OFF 23
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 24
ARTICLE 27 - HOURS OF WORK AND OVERTIME 27
ARTICLE 28 - TOBACCO USE ON DUTY 28
ARTICLE 29 - PHYSICAL FITNESS 28
ARTICLE 30 - DEFERRED COMPENSATION 29
ARTICLE 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 29
ARTICLE 32 - PROPERTY LIABILITY 29
ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 30
ARTICLE 34- ENTIRE AGREEMENT 31
ARTICLE 35 - SAVINGS CLAUSE 31
ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS 31
ARTICLE 37 - CLASSIFICATION STUDIES 32
ARTICLE 38 TERM OF THE AGREEMENT 32
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COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND SUPERVISOR
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this day of
, 1999, by and between the City of Yakima,
Washington, hereinafter called the City, and local 469,
International Association of Firefighters, AFL-CIO,
hereinafter called the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive
bargaining representative for Public Safety Dispatchers and
the Public Safety Communications Supervisor and Lead Public
Safety Dispatcher (if created and subject to the conditions
of Article 26.4). Excluded from the bargaining unit are the
Chief of Police, Fire Chief, Public Safety Communications
Division Manager, and all other employees of the Police and
Fire Departments.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or
remain a member of the Union. Employees not desirous of
membership in the Union shall be subject to a representation
service fee equal to the base mandatory dues and assessments
which shall be a condition of continued employment. Said
membership or fee payment shall become mandatory upon
successful completion of a one (1) year period of service
and in accordance with provisions of the Public Employee
Collective Bargaining Act, RCW, 41.56. Nothing herein shall
preclude membership in the Union of any employee who so
requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union
membership fees, dues and other assessments by the Union
from the pay of those members who authorize the City to do
so. Such authorization shall be in writing and signed by
each person authorizing such deductions and filed with the
City. The Secretary of the Union shall notify the Finance
Director of the City of Yakima of amounts to be deducted
from the pay of each such person. The City shall transmit
such amounts to the official and location designated by the
bargaining unit representatives together with an itemized
statement, on or before the 20th day of each month,
following the month for which deductions are made. The
Union agrees to hold harmless and indemnify the City against
any claims, causes of action, or lawsuits arising from such
deductions and/or the transmittal of such deductions to the
Union.
3.2 In the event the City receives a written notice, signed
by any person from whose pay such deductions are being made,
that no further deductions are to be made, the City shall
make no such deductions from any pay earned by that person
after receipt by the City of such notice. The City shall
notify the Union of all such notices received by the City,
which notification to the Union shall be given in writing
within seven (7) calendar days after the receipt by the City
of such notice and shall include the name of the person
involved.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to
operate and manage its affairs in all respects in accordance
with its responsibilities, lawful powers and legal
authority. City affairs which are not included within
negotiable matters pertaining to wages, hours and working
conditions are inclusive of the following, but not limited
thereto:
(a) The right to establish and institute work rules
and procedures upon reasonable notice to
bargaining unit members. All personnel rules and
policies developed by the Employer which are
intended to be applicable to Union members shall
be in written form and posted in the division
manual.
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(b) The right to determine reasonable schedules of
work, overtime and all methods and processes by
which said work is to be performed in a manner
most advantageous to the Employer. Changes to
work schedules which are intended to be applicable
to Union members shall be in written form and
posted in the division manual.
(c) The right to lay off employees for lack of work or
funds or because of the occurrence of conditions
beyond the control of the City or where the
continuation of work would be wasteful and
unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for
just cause; provided that the City's right to
discipline or discharge initial hires during their
probationary period shall not be limited by this
section. The parties agree to study policies for
administering this section.
(e) The right to assign incidental duties reasonably
connected with but not necessarily enumerated in
job descriptions, shall nevertheless be performed
by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer
deems necessary to carry out services in an
emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract,
the provisions of this labor agreement, where applicable,
shall not be construed as a waiver of the Union's right to
request and require bargaining in accordance with the
provisions of Chapter 41.56, RCW.
ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of
improving productivity in order to provide maximum services
at reduced_costs. The Union agrees to actively cooperate
and participate in studies and agrees to discuss the
implementation of programs to promote efficiency,
productivity and to reduce departmental costs. The goal of
the parties is to jointly work to reduce overtime.
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6.2 A joint committee shall be formed to promote labor
peace, harmony and productivity. The committee shall be
composed of two representatives designated by the Union, two
by the City Council and two designated by management, and
shall meet from time to time as either party may reasonably
request.
ARTICLE 7 — EQUAL OPPORTUNITY CLAUSE
7.1 It is the policy of the City of Yakima and the Union
not to discriminate against any employees or applicants for
employment because of race; color; religion; age; sex;
physical, mental, or emotional handicap; national origin;
political affiliation; Union involvement; or any other type
of protected activity. It is not the intent of management
to lower employment standards or hire individuals incapable
of performing the required tasks of the job classification.
Nothing in this section shall prohibit the City from
establishing bona fide occupational qualifications.
ARTICLE 8 — GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of employees'
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both management
and employees are expected to make every effort to resolve
problems as they arise. However, it is recognized that
there may be a grievance which can be resolved only after a
formal review. Accordingly, the following procedure is
hereby established in order that grievances of employees
covered by this agreement may be resolved as fairly and
expeditiously as possible.
8.2 Definition. A grievance is a dispute involving the
interpretation, application, or alleged violation of any
provision of this collective bargaining agreement.
8.3 Process.
(a) To be reviewable under this procedure a grievance
must:
Be commenced within sixty days (60) calendar days
after the grieving party has been made reasonably
aware of the circumstances giving rise to the
grievance.
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(b) Step 1 - Discussion With Public Safety
Communications Supervisor - As soon as possible,
but in no case later than the time period
specified above, an employee shall first discuss
his grievance with the PSCS. Said PSCS shall make
an investigation of the relevant facts and
circumstances of the complaint and provide a
written decision within seven (7) calendar days.
(c) Step 2- Grievance timely filed in writing with
Division Manager - If the employee and the PSCS
cannot reach agreement regarding a remedy the
employee may, provided the employee timely files
the grievance at this step within twenty (20)
calendar days of receipt of the PSCS written
decision, submit the written grievance to the
Division Manager. The Division Manager shall
conduct an investigation and provide a written
decision within twenty (20) calendar days of
receipt of the grievance.
(d) Step 3 - Grievance Appealed To Chiefs - If the
employee and Division Manager cannot reach
agreement regarding a remedy, the employee may,
within seven (7) calendar days of receipt of the
written decision, submit the grievance to the
Chiefs of the Department. The Chiefs shall make a
separate investigation of the issue(s) and jointly
notify the employee in writing of their decision,
and the reasons therefore, within twenty (20)
calendar days.
(e) Step 4 - Grievance Appealed To City Manager - If
the grieving party is dissatisfied with the
decision of the Chiefs of the Department, the
employee may within seven (7) calendar days
request a review by the City Manager. The City
Manager shall forward a written decision to the
employee within twenty (20) calendar days from
receipt of the grievance.
(f) Step 5 - Grievance Appealed To Arbitration -
Except as provided in 8.4 (d) of this Article, a
grievance which is not resolved as set forth may
be appealed to arbitration. Either party may
invoke arbitration upon submission of a written
request for same which identifies the previously
filed grievance and sets forth the issue(s) which
the moving party seeks to have arbitrated.
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A joint request of the Union and the City Manager
shall then be forwarded to the Public Employment
Relations Commission (PERC) within seven (7)
calendar days for assignment of an arbitrator from
its staff. Subsequent hearing(s) will be governed
by the rules and procedures of PERC. The
arbitrator shall render a decision as promptly as
possible. The arbitrator shall confine
himself/herself to the issues submitted for
arbitration and shall have no authority to
determine any other issues not so submitted to
him/her. The arbitrator shall have jurisdiction
and authority only to interpret, apply or
determine compliance with the specific terms of
the Agreement and shall not have jurisdiction to
add to, detract from or alter in any way the
provisions of this Agreement. The decision within
the jurisdiction of the arbitrator shall be final
and binding upon both parties. Expenses and fees
incumbent to the services of the arbitrator shall
be borne equally by the Employer and the Union.
(g) Any grievance which the City's management may have
against the Union shall be reduced to writing and
submitted to the President of the Union local. If
the matter is not satisfactorily settled within
fifteen (15) calendar days, appeal may be
instituted as set forth in 8.3(f), Step 5, above.
(h) If the subject matter of a grievance could be
appealed to the Civil Service Commission for fire
employees of the City of Yakima, the matter may be
submitted for determination to the Civil Service
Commission or arbitration, but not both. After
the Union has received the City Manager's answer
at Step 4, it will advise the affected employee
whether it is willing to submit the grievance to
arbitration and, if so, the employee shall elect
within 10 days after the Step 4 answer the forum
in which the matter is to be heard. Submission of
the dispute to arbitration or a hearing by the
Civil Service Commission shall bar submission in
the other forum.
8.4 Special Provisions.
(a) A- Union representative and/or aggrieved party
shall be granted time off without loss of pay for
the purpose of processing a grievance as provided
in 8.3(f), Step 5, above.
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(b) A grievance may be entertained in or advanced to
any step in the grievance procedure if the parties
so jointly agree.
(c) The time limits within which action must be taken
or a decision made as specified in this procedure
may be extended by mutual written consent of the
parties involved. A statement of the duration of
such extension of time must be signed by both
parties involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and
working conditions not specifically covered by the
terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not
including, arbitration. If the City and the
grievant are unable to reach agreement at the City
Manager level, where the grievance is not subject
to arbitration, a three person board will be
formed. Management will select one member and the
Union will select one member of the Board. The
two members will select the third member who shall
act as chairperson. All members of this Board
must be citizens or employees of the City of
Yakima. In the event the two members cannot agree
as to the selection of the third member, each
member may submit one name whereby the chairperson
shall be selected by lot. Any expenses for the
services of the third party chairperson shall be
borne equally by the parties. The decision of
this Board shall be binding on the parties in non -
contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the
Union as may be designated by the Union normally not to
exceed two (2) in number at any one (1) time, shall be
granted up to a total of one hundred twenty (120) hours of
time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one
hundred twenty (120) hours off will be paid at the standard
rate granted for any leave with pay. The City shall be
obliged to release one (1) employee but may allow additional
employees _to be released simultaneously based upon
departmental operational requirements. Business leave
includes attending labor conventions and educational
conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at
least one (1) week prior thereto to the Chiefs, and provided
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further that the total leave for this bargaining unit for
the purpose set forth in this section shall not exceed one
hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees for
departure or return provided Division established minimum
manning levels are maintained after the absence of the
person(s) to be released on Union Business Leave. Officers
and members of the Union designated by the Union may use
Union business leave from any of the bargaining units that
I.A.F.F. Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be
carried out by the City Manager or his designees, on behalf
of the City Council, and a committee representing the Union.
No later than August 5 of each year, the Secretary of the
Union and the City Manager shall notify one another
regarding the names of persons constituting their respective
bargaining committees. If a communication is forwarded
previous to that date, a response will be made within ten
(10) working days.
10.2 Members of the Union negotiating committee, not
exceeding three (3) in number, shall be granted leave from
duty without loss of pay for all meetings between the City
and the Union for the purpose of negotiating the terms of a
contract during the pre -impasse period as provided in RCW
41.56, as amended, when such meetings take place at a time
during which any such members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to
exceed three (3) in number, shall be granted leave in the
post -impasse period without loss of pay, except that when
such leave reduces the manpower level below that established
as the minimum manpower requirement of the Division, such
leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages,
hours and working conditions shall be established through
the negotiation procedure as provided by RCW 41.56. No
ordinances existing at the time of execution of this
Agreement relating to wage, hours and working conditions for
members of the bargaining unit shall be amended or repealed
during the term of this Agreement without written
concurrence of both parties.
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11.2 Each year, as appropriate, the Union shall submit to
the City Manager and the City Manager may submit to the
Union a written proposal for any changes in matters
pertaining to wages, hours and working conditions desired by
the Union or the City for the subsequent year. These
written proposals shall be submitted in accordance with the
requirements of RCW 41.56, as amended by S.B. 2852 (1979).
The Union and the City shall follow the collective
bargaining procedure set forth in the said statute. All
agreements reached shall be reduced to writing which shall
be signed by the City Manager and the Union's
representatives. In negotiations for a successor collective
bargaining agreement pertaining to bargaining unit members
the parties agree to follow the impasse resolution
procedures for uniformed personnel (RCW, 41.56.430, et seq.)
11.3 In the event that the Employer declines to include the
provisions of section 11.2 above pertaining to impasse
resolution procedures for uniformed personnel (RCW,
41.56.430, et seq.) in a collective bargaining agreement
covering employees who were formerly Fire Dispatchers
(Ringer, Ochs, Moritz, Brandt and Kennard) or Alarm
Supervisor (Morehouse) at the time the Employer decided
(9/5/95) to implement Consolidated Dispatch operations, then
the Employer shall forthwith restore those employees who
were employed at the time of the Employer's decision
(9/5/95) to implement Consolidated Dispatch operations to
the Fire Department to dispatch exclusively fire and
emergency medical responses and include them, with all
current wages and benefits, in the firefighters bargaining
unit. This proviso is not applicable to any Public Safety
Dispatcher and/or Public Safety Dispatch Supervisor who was
a new hire as a Public Safety Dispatcher or who filled a
vacancy created by the departure of a Fire Dispatcher and/or
Alarm Supervisor who was appointed on or after 9/5/95. The
classifications of Fire Dispatcher and Alarm Supervisor
shall remain unfilled and unfunded in Fire Civil Service and
shall be inclusive in the Firefighters Bargaining Unit.
ARTICLE 12 — PROMOTIONAL STANDARDS FOR BARGAINING
UNIT MEMBERS
12.1 Promotions from the Public Safety Dispatcher
classification to Public Safety Communications Supervisor
classification shall be determined in accordance with the
rules and regulations governing Yakima Fire Civil Service
Commission. Those promotional rules and regulations will
not apply to the initial Public Safety Communications
Supervisor based on the fact that appointment of Larry
Morehouse to this position shall be included in this initial
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agreement. Any successor to the Public Safety Communications
Supervisor classification will be determined by open
competitive examination in accordance with Fire Civil
Service Commission rules and regulations.
12.2 Vacancies in Public Safety Dispatcher positions will be
filled by open competitive examination in accordance with
Yakima Fire Civil Service Commission rules and regulations.
New Public Safety Dispatchers will be required to pass a
polygraph, a background check, a psychological evaluation,
physical examination, in addition to any and all other
prerequisites to qualifying and being eligible for a Public
Safety Dispatcher position.
12.3 Former Fire Dispatchers and Police Dispatchers who are
appointed to the new classification of Public Safety
Dispatcher will be required to pass a background evaluation
but will not be required to undergo a psychological
evaluation, polygraph or physical examination based on their
current employment status.
12.4 Employees who were formerly Fire Dispatchers or Police
Dispatchers and who were appointed to the new classification
of Public Safety Dispatcher and who are promoted, will have
the same exclusion applied to that promotion as set forth in
Section 12.3.
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to
furnish in-house refreshments; provided that any proceeds
from such activities shall be used in-house for the benefit
of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are
administered consistent with applicable law.
ARTICLE 14 - WAGES
14.1 Effective 1-1-99 the base salary for bargaining unit
members will be increased by two and one-half (2.5%)
percent.
14.2 Effective 7-1-99 the base salary for bargaining unit
members will be increased by one and one-half (1.5%)
percent.
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14.3 Effective 1-1-00 the base salary of bargaining unit
members will be increased by an amount equal to 100%
of CPI based on an averaging of the US Cities Consumer
Price Index (CPI -W) and the Seattle Consumer Price
Index (CPI -W) for the period of June 1998 to June
1999,subject to a minimum of 2% and a maximum of 3.5%.
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit
employees, retirees and their dependents shall
participate in the "City of Yakima Employees' Health &
Welfare Benefit Plans". Eligibility rules, types and
of levels of benefits, payment of premiums through a
cafeteria plan, co -payment, coinsurance and
deductibility requirements and all other terms and
conditions for the provision of these health benefits
shall be governed by the "City of Yakima Employees'
Welfare Benefit Program".
15.2 Health and Dental Care Premium Contributions
(a) January 1, 1999 - December 31, 1999
(i) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
coverage shall be paid for by the City and shall
be at no cost to the employee. Bargaining unit
members will be given the option to pay the
difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except
that the deductible shall be as stated in the
"Plan".
(ii) Dependent Health Care Premium Contributions:
The City shall contribute up to $50 for dependent
coverage for bargaining unit members. The City
and the employee shall share dependent medical
premiums in excess of $50 per month contribution
level on a 50o by the Employer and 50o by the
employee basis, with a maximum employee
contribution of $125 per month.
(iii) Dental Care Premium Contributions: The
City shall pay the premium for bargaining unit
member employee and dependent dental care
coverage.
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(b) January 1, 2000 through December 31, 2000
(i) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
coverage shall be paid for by the City and shall
be at no cost to the employee. Bargaining unit
members will be given the option to pay the
difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except
that the deductible shall be as stated in the
"Plan".
(ii) Dependent Health Care Premium Contributions:
The City and the employee shall share dependent
medical program premiums on 50o by the Employer
and 50o by the employee basis, with a maximum
employee contribution of $140 per month.
(iii) Dental Care Premium Contributions: The City
shall pay the premium for bargaining unit member
employee and dependent dental care coverage.
(c) Employee contributions under this Article will be
accomplished through normal payroll deductions.
(d) If the average dependent composite cost for the
"Plan" goes below $50 for 1999, said formula for the
cost sharing shall cease for that calendar year. This
will be reviewed once per year according to the data
provided by Direct Administrators.
15.3 Retiree Coverage - The City of Yakima Employees' Health
and Welfare Benefit Plan shall provide retirees and
dependents of retirees the right to remain in the group plan
as follows:
(a) Retirees covered at the time of execution of this
agreement and future retirees may elect to remain
in the group medical plan until they reach age 65,
but they must pay the required premium for such
group medical plan.
(b) Spouses of retirees may remain in the group
medical plan until they reach age 65 or in the
case of spouses of deceased retirees, until they
reach age 65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the
group health care plan as long as they remain
eligible under the provisions of the plan or when
41
coverage for the retiree and spouse, or, the
spouse of deceased retiree terminates, at which
time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall
pay the premium and other shared dependent
coverage costs (including dependents if enrolled)
which shall be based on the same formula as active
employees and dependents within the bargaining
unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or
their beneficiary.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee,
$20,000 in face amount of life insurance.
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory
completion of the following service and at the designated
rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 19, Vacation
Leave, of this Agreement.
ARTICLE 18 - SPECIAL PAYS
18.1 Acting Assignment. The City will pay acting assignment
pay of at least 5% above the normal base pay or the pay rate
of the D -Step of the next higher pay grade, whichever is
greater, for an individual for such period of continuous
service, provided the individual serves a minimum of one-
half (1/2) shift as Public Safety Communications Supervisor,
or Lead Public Safety Dispatcher (subject to the provisions
of Section 26.4), or higher classification, having been so
assigned by the Administration and provided further that the
43-
individual exercises the responsibility, including operation
and administrative duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an
employee to be eligible for assignment to an acting
position, that employee must be eligible for promotion to
the position in accordance with the promotional standards as
set forth in the Fire Civil Service Commission rules and
regulations.
18.3 Relief Public Safety Dispatcher Differential. An
employee designated by the Public Safety Communications
Manager shall receive a differential of five percent (5%)
for such duty. Said differential shall be calculated upon
the normal rate of pay but shall not replace premium pay for
any required overtime worked. Payment will be made in
accordance with normal payroll procedures (monthly). This
section is subject to the provisions of Section 26.4 of this
agreement and is not in effect during the trial period as
defined in Section 26.4.
18.4 Call Back.
(a) An employee who is called back to duty after his
scheduled shift has terminated, but before the
scheduled start of his next shift, shall receive
premium pay for all hours worked, but not less
than two (2) hours of premium pay.
(b) The call back bonus will not be available for a
"hold over" defined as an extension of a regular
or reassigned shift due to manning requirements or
an emergency circumstance. However, premium pay
shall be paid for work performed.
18.5 Mileage. The City shall pay each employee for his use,
at the request of the City, of his personal auto, not less
than the IRS rate per mile actually driven, or the actual
cost of applicable public transportation. In the event that
the City increases mileage allowance paid by the City for
the use of personal autos on City business for any other
City department or employee, such increased allowance shall
become the new rate thereunder.
18.6 Uniform Maintenance Bargaining unit members shall be
paid sixty_dollars ($60.00) annually, payable in February.
The City shall have the right to contract for uniform
maintenance services as it deems appropriate after which
time no further uniform maintenance allowances shall be
payable.
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18.7 Shift Differential For employees who work a regularly
scheduled shift where all or part of the shift hours fall
between 6:00 PM and 6:00 AM, an additional four percent
(4%) per hour over base pay will be paid for all hours
worked within the stipulated period to the nearest one/half
(1/2) hour. Persons working overtime past their normal
shift will be entitled to full or pro -rated payment under
this article. This article is subject to the provisions of
Article 26.4 of this agreement and is not in effect during
the trial period as defined in Section 26.4.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave
for years of service at the following rates:
(a) Employees with one (1) full year of service shall
earn eighty (80) hours, forty (40) hours of which
may be taken after six (6) months service;
(b) Employees with two (2) full years of service shall
earn ninety six 96) hours;
(c) Employees with five (5) full years of service
shall earn one hundred twenty (120) hours;
(d) Employees with ten (10) full years of service
shall earn one hundred fifty two (152) hours;
(e) Employees with more than fifteen (15) full years
of service shall earn one hundred seventy six
(176) hours;
(f) Employees with more than twenty (20) full years of
service shall earn one hundred ninety two (192)
hours provided they become employed by the City of
Yakima prior to January 1, 1981.
19.2 Bargaining unit members may accumulate vacation leave
time in an amount equal to the vacation time the employee
earns during two (2) years of service, according to the
accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined
as the most recent period of employment unbroken by
voluntary termination, voluntary retirement, voluntary
leaves of absence in excess of thirty (30) days or
4S
termination for cause. Such service shall not be considered
broken by period of disability retirement, or leave without
pay in excess of thirty (30) days for medical reasons, if
approved by the Fire Civil Service Commission during which
times no service credit shall accrue. Layoff shall not be
considered a break in service providing that failure to
accept the first offer of re-employment for any reason shall
constitute a break in service. (No service credit shall
accrue during periods of layoff.)
19.4 For bargaining unit members any vacation accumulated
over the stated limit shall be paid at 100% of base wage as
of December 31 of each year; provided, however, at least 75%
of the annual accrual rate for vacation must have been used
during the year in order to qualify for the payment;
provided, however, if the Employer cancels an employee's
scheduled vacation and this canceling results in vacation
accumulation over the stated limits as of December 31 of any
particular year then the Employer will pay for said vacation
at the normal hourly rate. Payment for any vacation
accumulated over the stated limits is subject to the
Employer's inability to reschedule the vacation time off.
Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
ARTICLE 20 — HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a
holiday, within ninety (90) days that employee
shall have time off equal to the number of hours
scheduled most frequently in his regularly
scheduled shifts.
(b) Day On. If an employee performs work on a
holiday, that employee shall receive his/her
regular pay plus time and one-half (1.5) pay for
all hours worked. The employee shall have the
option of receiving comp -time as specified in
Article 25 - Compensatory Time Off.
20.2 No employee shall be paid for a holiday unless such
employee is in a pay status both the workday before and the
workday after such holiday. Exception to the above shall be
made for an employee who works a holiday as directed by the
City.
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20.3 An employee who performs work during a period when the
employee is on a scheduled time off shall receive time and
one-half (1.5) for all hours worked and shall receive time
off as specified in 20.1(a).
20.4 Bargaining unit members shall observe holidays as
follows:
The
and
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
provisions of City of
(d) shall not apply to
January 1st
3rd Monday in Jan.
3rdMonday In Feb.
Last Monday In May
July 4th
1st Monday In Sept.
November llth
4th Thursday In Nov.
December 25th
equal to one (1)
full shift)
Yakima Municipal Code 2.40.080(c)
this provision.
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE
21.1 For the purposes of this Article only, a day shall be
construed as eight (8) hours.
21.2 Sick Leave Exchange or Cashout. Bargaining unit
members may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the
options provided the employee, subject to the following
provisions:
(a) No cashout of accrued sick leave will be granted
for those employees with three hundred sixty (360)
hours or less of accrued sick leave except in the
event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to
employees who have accrued in excess of three
hundred sixty (360) hours subject to the following
provisions:
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(i) Upon retirement or death, the employee's
accrued sick leave up to a maximum of seven
hundred twenty (720) hours will be cashed out
at the rate of one hundred percent (100%) of
the employee's current base pay.
(ii) Upon termination under honorable conditions,
as distinguished from death or retirement,
the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours
will be cashed out at the rate of fifty
percent (50%) of the employee's current base
pay
(iii)In the event of death in the line of duty,
all sick leave will be exchanged for pay at
the rate of 100% of the employee's current
base pay.
(iv) In no case shall the cash out payment exceed
Twelve Thousand Five Hundred Dollars
($12,500.00); provided, however, this cash
out limit shall not apply with regard to a
Death in the Line of Duty.
(c) Sick Leave Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of thirty-two (32) hours of sick
leave for each eight (8) hours of vacation, not to
exceed a total of forty (40) hours added leave
time annually, utilization of which would be
subject to the scheduling and approval by the
department head.
(d) Sick Leave Exchange Procedure. Any regular
employee may exchange accrued sick leave as
provided in subsection (c) above at the option of
the employee, subject to the following conditions
and provisions:
(i) A request for such an exchange shall be made
to the Director of Finance and Budget. All
requests shall be in writing and shall be
signed by the employee making the request.
(-ii) Requests will be accepted only during the
first five (5) working days of each month
with exchanged leave to be available within
fifteen (15) calendar days of the date the
request is received by the office of the
48
Director Finance and Budget. Exceptions to
the above will be made for termination,
layoff or disability retirement.
(iii)No request will be granted for less than
eight (8) hours pay or a minimum of three (3)
days' leave.
(iv) No exchange will be granted to an employee
who has been terminated for cause, as defined
by Civil Service.
(v) In the event of layoff, exchange requests are
the responsibility of the employee.
(e) In December of each year, any accruals beyond the
one hundred and twenty (120) day limitation will
be automatically exchanged based upon the formula
of eight (8) hours pay for each thirty-two (32)
hours accrued or a percentage thereof for smaller
accruals. Such pay will appear on the employee's
final paycheck for the year.
21.3 The Employer will allow an employee to use the
employee's accrued sick leave to care for a child of the
employee under the age of eighteen (18) with a health
condition that requires treatment or supervision.
ARTICLE 22 - SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her
discretion, may grant, with the agreement of the Local 469
Executive Board, to a regular full-time employee who is a
member of Local 469 or, with the unanimous agreement of the
Union Executive Board to a City employee, shared leave from
the leave pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty
related illness or injury.
(b) The employee has depleted or will shortly deplete
his/her total available paid leave. Paid leave is
defined as vacation leave, sick leave, accrued
compensatory time, holiday time, and personal
holiday. Shared leave shall mean paid leave
transferred to an employee pursuant to this
section.
49-
(c) Where applicable, the employee has diligently
pursued and is found to be ineligible for
Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability
benefits that meet or exceed the limits set forth
in this program pursuant to local law, state law,
federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a
donating shared leave pool member.
22.2 An employee may donate his/her accrued paid leave hours
by submitting a time card specifying the type and amount of
hours to be donated to the IAFF Local 469 extended
sick/leave pool; provided, that the donated hours do not
cause the donor employee's sick leave balance to be less
than two hundred eighty-eight (288) hours, unless otherwise
approved by the Local 469 Executive Board. The minimum
number of hours to be donated at any one time is eight (8)
hours. Such time cards must be received by the timekeeper
no later than the fifth (5th) day of each month.
22.3 Paid leave shall be transferred on a dollar -value
basis. The value of shared leave shall be the dollar value
of the paid leave at the time it is recorded as available
for use as shared leave. Once shared leave has been
transferred to an employee, it shall be transformed into
sick leave and so credited to the employee's sick leave
accrual. The dollar value of the pool will be increased by
the City by the same percentage or dollar -per -hour figure as
any wage increase effective for Local 469 members.
22.4 All requests/applications for shared leave shall be in
writing on a form provided by Local 469 and directed to the
Local 469 Executive Board. Said written application shall
contain the following information:
(a) The number of hours sought from the leave pool, in
one-hour increments.
(b) A physician's statement indicating the nature of
the illness or injury, the prognosis for recovery,
and the expected duration of the absence. All
such information shall be kept confidential.
(c) An agreement to return to said leave pool any
unused hours received from said leave pool upon
return to work or termination of his/her
employment for any reason.
•2a
All requests processed by the Payroll Office by the
fifteenth (15th) of a month shall be effective for that
month.
22.5 The Local 469 Executive Board shall recommend whether
to approve a request for leave from the leave pool,
according to the following factors:
(a) The nature of the illness or injury of the
requesting employee.
(b) Any history of excessive or abusive use of sick
leave by the requesting employee.
(c) The amount of shared leave available in the leave
pool.
22.6 The Union Executive Board shall make every reasonable
effort to determine that an employee is granted shared leave
only for catastrophic non -duty related illness or injury and
the limitations set forth in this policy. Use of shared
leave contrary to this Agreement shall result in
cancellation of shared leave, the balance of which will be
returned/transferred to the leave pool. The Local 469
Executive Board shall so notify the involved employee and
the Director of Finance and Budget.
22.7 Hours awarded from the leave pool shall be on a first-
come first-served basis of qualified employees. The maximum
withdrawal from the pool shall be limited to the amount
required to maintain the requester's employee status for six
months from the date of approval, per approval request.
22.8 The Local 469 Executive Board shall send written
notification for the award of sick leave hours from the
leave pool to the City of Yakima Human Resources Department,
with a copy to the Payroll Officer. The Union Executive
Board and the City shall notify each requesting employee of
the final decision on award of hours from the leave pool.
22.9 The
monitoring
initiating
adjust the
Personnel Officer shall be responsible for
shared leave and shall also be responsible for
the proper paperwork to the Payroll Office to
accrued leave balances to the recipient from the
leave pool. Records of all transactions from the leave pool
to the recipient will be maintained by the Payroll Office
with a copy -of each transaction also maintained in the Human
Resources Office. Recipients shall also have a record of
his/her hours received from the leave pool placed in their
City and Department personnel file.
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ARTICLE 23 — BIRTHING LEAVE/MATERNITY LEAVE
23.1 Male bargaining unit members shall be authorized to use
sick leave on the day his wife gives birth. The employee
shall be released by his supervisor upon the arrival of a
replacement if such is needed to maintain Division daily
staffing requirements. If the employee's sick leave has
been exhausted, vacation, holiday or compensatory time, or
other accrued time off may be used in lieu of sick leave.
23.2 The Union and the City agree to jointly develop
appropriate language to add to this article to cover the
impacts of mandates by State and Federal statutes.
ARTICLE 24 - LIGHT DUTY
24.1 Off-duty extended injury, illness, or pregnancy
Bargaining unit members who are off-duty due to an extended
injury, illness, or pregnancy and cannot perform their
regular duties may request in writing to the Chief(s) of the
Department(s) an assignment to light duty. This request may
be made at the end of (7) days after the point of the
injury, illness, or notification of pregnancy. Any light
duty assignment will be contingent on the Department's needs
and the employee's ability to perform assigned duties within
the scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for (30)
days and will be reviewed by the Chief(s) of the
Department(s) to determine any extension of the assignment.
Light duty assignments will not include fire suppression,
EMS response, dispatching duties, or delay the appointment
or filling of a Civil Service position due to work being
performed by the employee on light duty. Any employee on
light duty will maintain all the rights and benefits of this
contract and earn job and position seniority as if on full
duty. Employees assigned to light duty on an 8 hour day
shift who have previously been assigned to a 24 hour shift
will have their sick leave hours converted on the basis of
one (1) hour sick leave for every three (3) hours accrued.
This exchange will cause an employee that has a maximum
accumulated sick leave from a 24-hour shift (1440 hours) to
go to 480 hours. Any excess of the day sick leave of 480
hours that an employee had earned while on the 24 hour shift
will go into a pool to be returned to that employee upon
return to work on a 24 hour shift. If the employee cannot be
returned to shift work for any reason those excess hours
held in the pool would go into the sick leave pool. In no
case can the employee gain more than 100% of sick leave or
income from this assignment.
21
24.2 On -duty extended injury or illness
Bargaining unit members who are injured or incur illness on
duty may be required at the discretion of the department to
be placed on light duty. Any light duty assignment will be
contingent on the Department's needs and the employee's
ability to perform assigned duties within the scope that
would be allowed based on a physician's recommendation. All
light duty assignments will be for (30) days and will be
reviewed by the Chief(s) of the Department(s) to determine
any extension of the assignment. Light duty assignments will
not include fire suppression, EMS response, dispatching
duties, or delay the appointment or filling of a Civil
Service position due to work being performed by the employee
on light duty. Any employee on light duty will maintain all
the rights and benefits of this contract and earn job and
position seniority as if on full duty. Employees assigned to
light duty on an 8 hour day shift who have previously been
assigned to a 24 hour shift will have their sick leave hours
converted on the basis of one (1) hour sick leave for every
three (3) hours accrued. This exchange will cause an employee
that has a maximum accumulated sick leave from a 24-hour
shift (1440 hours) to go to 480 hours. Any excess of the day
sick leave of 480 hours that an employee had earned while on
the 24 hour shift will go into a pool to be returned to that
employee upon return to work on a 24 hour shift. In no case
can the employee gain more than 100% of sick leave or income
from this assignment.
ARTICLE 25 - COMPENSATORTY TIME OFF
25.1 All bargaining unit employees shall have the option of
receiving payment or credited time off at the rate of one
and one-half (1.5) actual overtime hours worked in
accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and will
have to be cleared by use or pay by December 31, annually.
Up to forty (40) hours of compensatory time may be
accumulated. Use shall be scheduled at the City's discretion
with due regard to the wishes of the employees and the
City's work requirements.
25.2 Court Appearance Leave - In the event members of the
bargaining unit receive a subpoena to appear in court to
provide testimony in an official capacity, such required
-23-
absence from scheduled duty shall be considered time worked
for pay purposes. When said employees are required to
appear in court in an official capacity in their off duty
hours, they shall be paid at the applicable rate for such
time. Verification of court attendance shall be on a form
prescribed by the Administration and shall include a
statement of hours signed by the relevant court clerk.
25.3 An off duty employee who is required by the
Administration to testify before the Civil Service Board on
matters pertaining to his assigned duties shall be
compensated for actual time in attendance in accordance with
25.2 of this Article. Verification of attendance shall be
on a form prescribed by Administration and shall include a
statement of hours of attendance signed by Administration.
25.4 Training Time - For bargaining unit members, training
time required by the Administration shall be considered as
time worked for compensation purposes. Optional training
and efforts expended in preparation for promotional exams,
etc., shall not be covered by this clause.
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 Cross -Training. The first Public Safety Dispatchers
will be individuals who were formerly Fire Dispatchers and
Police Dispatchers who successfully pass items set forth in
section 12.3. Cross -training of these individuals will
begin as soon as administratively possible. Only these
particular individuals who were employed on the day the
Employer made the decision to implement Consolidated
Dispatch operations will have the opportunity to have their
primary responsibility continue to be their particular
emphasis but they will be obliged to expeditiously be
crossed -trained so that they can competently handle all
Public Safety Dispatch responsibilities inclusive of police,
fire, emergency medical and other dispatch responsibilities.
The existing personnel affected by this section are:
Lee Brandt
Pam Brown
Anna Cyr
Jim Kennard
Frances Moritz
Roxy Nicholson
Ray Ochs
Rick Ringer
Carol Schnellman
Katy C. Ybarra
26.2 New Public Safety Dispatchers. All vacancies
Public Safety Dispatchers shall be filled according to
Public Safety Dispatcher class specification.
24
for
the
26.3 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work
independently as Public Safety Dispatchers in the
Communications Center shall be Public Safety Dispatch
personnel who have passed the required Public Safety
Dispatcher Civil Service exams and/or hold the rank of
Public Safety Dispatcher, Lead Public Safety Dispatcher
or Communications Center Supervisor. This will include
those individuals identified in Article 26.1 as having
held the rank of Fire Dispatcher or Police Dispatcher at
the time the employer decided to implement Consolidated
Dispatch operations (9/5/95).
(b) Use of Other Employees in a Workload Related
Emergency. In the event of emergency circumstances
which require additional Public Safety Dispatchers,
other Fire and Police personnel may be utilized provided
that they are accompanied by at least two (2) Public
Safety Dispatchers at all times. This condition shall
exist only until such time as Public Safety
Dispatcher(s) can respond to the emergency.
(c) Use of Other Employees in a Personnel Shortage
Related Emergency. In the event that a Public Safety
Dispatcher is incapacitated due to illness or injury
and/or is unable to serve or complete his/her duty shift
for any reason, and whereas another on -duty Public
Safety Dispatcher is not readily available, other Fire
and Police personnel may be utilized provided that
another Public Safety Dispatcher or Supervisor is
contacted as soon as possible for replacement. This
condition shall exist only until such time as another
Public Safety Dispatcher or Supervisor can respond.
(d) Work Outside the Bargaining Unit. In the event
that classifications outside of this Bargaining Unit,
but in the Communications Center, require emergency
assistance, assistance shall be provided to those
classifications by Bargaining Unit members under the
same limitations as set forth in this article, Section
26.3 (b) (c) .
(e) Filling of Vacant Positions. If Communications
Center position(s) are declared vacant, the employer
shall make a good faith effort to conduct examinations
for the -vacancy within 120 days unless the position(s)
are abolished by the City Council or frozen by the
Appointing Authority. The time limits for examining and
filling a position, if said position is not abolished by
the City Council or frozen by the Appointing Authority
2S
may be extended by mutual agreement of the parties.
Subject to the provisions of this section, vacancies for
Public Safety Dispatcher shall be filled according to
Section 12.2 of this agreement.
26.4 Lead Public Safety Dispatcher. As soon as
administratively possible after the consolidation of the
dispatch operation, the City shall temporarily assign for a
trial period of up to eighteen months, four (4) Lead Public
Safety Dispatcher. Pay for the temporary assignment shall be
ten percent (10%) above the base pay for the Public Safety
Dispatcher position. Personnel seeking these temporary
assignments shall submit a letter of application.
Experience, skills, abilities and seniority shall be
considered when selections are made. Selections will be made
by the Communications Manager and the Communications
Supervisor.
During and at the conclusion of the trial period, the City
shall evaluate the need, performance and benefit of these
supervisory positions. Subject to that evaluation, the City
will determine whether to regularly fill any or all of these
positions. If the City decides to create and regularly fill
these positions, they will be considered promotional and
shall be filled by open and competitive examination if
created.
If the City decides to establish the Lead Public Safety
Dispatcher as a regular position; the duties, title, and
compensation (as outlined in Article 36, Creation of New
Classifications) will be set forth in an applicable class
specification. Generally, those duties will be consistent
with Public Safety Dispatcher duties with the addition of
following duties, but not limited to those duties: geofile
maintenance, training, payroll, data entry, relief duties
and limited supervision when the Public Safety
Communications Supervisor or Manager are not present.
During the trial period Section 18.3, Relief Public Safety
Dispatcher Differential and Section 18.7, Shift Differential
shall remain inactive and not applicable.
In the event, the City does not create and fill three (3) or
more regular positions of Lead Public Safety Dispatcher by
the conclusion of the trial period then Section 18.3, Relief
Public Safety Dispatcher Differential and Section 18.7,
Shift Differential shall be reinstated.
In the event the City does create and fill three (3) or more
regular positions of Lead Public Safety Dispatcher by the
conclusion of the trial period then Section 18.3, Relief
-2E-
Public Safety Dispatcher Differential and Section 18.7,
Shift Differential shall be null and void and not of legal
effect.
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit
members to work eight (8) hour, ten (10) hour or twelve (12)
hour work shifts within a twenty-four (24) hour period. The
Employer has the right to schedule certain employees to work
eight (8) hour, ten (10) hour or twelve (12) hour work
shifts. Work schedules designed by the Employer will be
consistent with the provisions of FLSA.
27.2 Overtime. For Bargaining Unit members, overtime hours
are those hours worked in excess of forty (40) hours in a
regularly scheduled seven (7) day work period and all hours
outside one's normally assigned shift. For the purposes of
computing overtime all paid leave time shall be considered
time worked.
27.3 No Pyramiding. Nothing contained in this collective
bargaining agreement shall be interpreted or enforced in
such a manner as to result in the duplication, pyramiding or
multiple payment (whether by fractions or otherwise) of
compensation for such items as overtime involving the same
hours of labor.
27.4 Meals and Break Periods Members of this Bargaining
Unit will be granted meal period(s) of forty (40) minutes
during their shift. On an eight (8) hour shift this will be
a single meal period as close to mid shift as possible and
on a twelve (12) hour shift there shall be two (2) meal
periods, as close as possible to four (4) hours and again at
eight (8) hours into their shift. A rest period of fifteen
(15) minutes shall be allowed for each four (4) hours of
working time. Rest periods shall be provided as near as
possible to the midpoint of each four (4) hour work period.
Meal and break periods will be provided as long as a Public
Safety Dispatcher or Lead Public Safety Dispatcher is
available for relief and the workload existing at the time
is such that the remaining personnel can provide dispatching
services at no degradation to the public. The
Communications Supervisor may also be used as relief for
these periods but at the discretion of the Division
management. Personnel on meal or break periods shall be in
the immediate -vicinity of the communications center (on the
Law and Justice Building grounds) and available for
immediate call back to duty. On occasion, but not
regularly, at the discretion of the Lead Public Safety
27-
Dispatcher or Division supervision, personnel may leave for
a very short period of time during the meal period. The
time off site should not exceed fifteen (15) minutes and
shall count as part of the meal period.
ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems
are caused by smoking and therefore agree to the elimination
of the use of all tobacco products by everyone involved with
the Public Safety Dispatching facilities in all
administrative offices, buildings or facilities. Violations
of these provisions shall constitute a basis for
disciplinary action to be handled in accordance with normal
disciplinary procedures.
ARTICLE 29 - PHYSICAL FITNESS
29.1 Bargaining unit members will have made available to
them a time, which shall not exceed sixty (60) minutes per
work shift, to participate in an approved aerobics/physical
fitness program. This program shall be as approved by the
physical fitness committee. The scheduled times will be by
agreement between the Administration and the Union. At no
time shall the scheduled aerobics/physical fitness time
cause a hiring situation to happen in order to allow anyone
to participate. Relief of on -duty personnel shall only
happen when work schedules and work loads allow. At other
times participants shall use the equipment, furnished by the
Administration to accomplish their aerobics/fitness times.
The participants shall provide all of their own personal
aerobics/fitness clothing. The actual schedule of the
aerobics/fitness period times, availability of relief and
the list of approved activities shall be subject to approval
by the Administration, the physical fitness committee and
the Public Safety Dispatch Supervisor. As part of this
program, the participants are encourages to be active
participants in the City's wellness program in order to have
a total wellness/fitness program.
29.2 Employees in this bargaining unit shall be required to
have physical examinations to be scheduled by and at the
expense of the City. Examinations shall be required every 2
years beginning at the age of 40. The results of a medical
examination, only as it relates to the ability of the
employee to darryout his/her job responsibilities, shall be
forwarded to the Chiefs of the Division. A copy of which
will be sent to the employee.
28-
29.3 If the Administration has a concern about an employee's
physical and/or mental fitness for duty, the Employer has
the right to require said employee to be examined by a
qualified medical expert designated by the Employer at the
Employer's expense. The qualified medical expert will issue
a statement to the Chiefs regarding the employee's fitness
for duty with a copy to the employee.
ARTICLE 30 - DEFERRED COMPENSATION
30.1 Effective 1-1-98, each bargaining unit member shall be
paid, in addition to that employee's monthly salary,
deferred earned compensation each month in an amount equal
to 3% of base pay to a deferred compensation account for
each member of the bargaining unit.
30.2 Said deferred compensation is separate pay and is not
part of the base monthly salary schedule codified in Yakima
Municipal Code Pay and Compensation Ordinance, subsection
2.20.110. This provision is subject to the City's deferred
compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be
governed by applicable state law.
ARTICLE 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES
31.1 Both parties have agreed to continue work and to
complete a progressive discipline policy.
ARTICLE 32 - PROPERTY LIABILITY
32.1 The City shall provide full physical damage insurance
on City vehicles which shall include Public Safety Division
employees as insureds, or the City shall, in the
alternative, become self-insured for such physical damage.
In either case, the City waives any claim it may have
against any Division employee for damage to City property
while that employee is acting within the scope of his
employment except in the instance of intentional misconduct,
but the City retains its right to discipline any employee
for just cause.
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ARTICLE 33 — MUNICIPAL CODE SECTIONS PERTAINING
BARGAINING UNIT MEMBERS
2.04
2.04.010
2.04.030
2.16
2.16.010
2.20
2.20.010
2.20.040
2.20.060
2.20.070
2.20.080
2.20.085
2.20.086
2.20.088
2.20.100
2.20.110
2.22
2.22.010
2.22.030
2.22.040
2.22.050
2.22.060
2.22.070
2.22.075
2.22.080
2.24
2.24.010
2.24.015
2.24.020
2.40
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.070
2.44
2.44.030
2.44.040
2.44.050
2.44.060
Group Insurance
Plan Adopted
City Contributions
Bonds For Officers
Bonds Required - Amount
Salaries
Persons Subject to the Plan
Policy for Pay Steps
Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
Reduction in Salary
Effect on Budget
Reimbursement for Expenditures
Reimbursed Expenditures - Amounts
Uniform Allowance - Special Assignment Pay
Classification Plan
Compensation Plan
Fire Department - Working Conditions
Work Week
Compensation
Overtime Pay
Special Assignment Pay
Time -off Privileges - Vacation Leave
Time -off Privileges - Compassionate Leave
Time -off Privileges - Sick Leave
Holidays
Longevity Plan
Longevity Plan - Eligibility - Restrictions
Longevity Plan - Service Recognition Award
Leave Of Absence for Service in Armed Forces
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
3a
In cases of conflict between the Municipal Code and this
Agreement, the latter shall control. Nothing herein shall
alter the parties' rights and obligations to bargain
collectively concerning proposed changes in the Municipal
Code that affect wages, hours or working conditions of
bargaining unit employees.
ARTICLE 34 — ENTIRE AGREEMENT
34.1 This collective bargaining agreement constitutes the
entire agreement as negotiated between the parties and no
oral statements and/or previous written agreements shall add
to or supersede any of the specific provisions of this
agreement.
34.2 The Administration and the Union agree to establish
monthly meetings for the purpose of discussing matters
considered of importance and to maintain a channel of
communication. It is intended that such communication be
used as a tool to prevent problems from developing and to
solve problems which have surfaced.
34.3 The problem resolving meetings shall not result in any
modifications to this collective bargaining agreement except
by mutual written agreement by the parties.
ARTICLE 35 — SAVINGS CLAUSE
35.1 All provisions of this Agreement are subject to
applicable laws, and if any provision of any article of this
Agreement is held or found to be in conflict therewith, said
provision shall be void and shall not bind either of the
parties hereto; however, such invalidity shall not affect
the remaining articles of this Agreement. Notwithstanding
any other provisions of this Agreement the Employer may take
all actions reasonable to comply with the Americans with
Disabilities Act and the Family Medical Leave Act.
ARTICLE 36 — CREATION OF NEW CLASSIFICATIONS
36.1 The salary, hours of work and fringe benefits for all
newly created classifications within the bargaining unit
shall be negotiated with the Union. The Employer will
provide a job description for the new classification to the
bargaining unit representative prior to seeking applications
for the new position. Thereafter, the classification shall
be filled by open and competitive competition. If the new
3I-
classification would be a logical progression for an
existing classification, then it will be filled by the
promotional process. Otherwise, the new classification
would be filled by open and competitive competition. A11
areas negotiated for the new classification shall be applied
retroactive to the date of hire or promotion of any
individual who is placed into the new classification.
ARTICLE 37 — CLASSIFICATION STUDIES
37.1 The long term assignment (greater than 6 months) of
uncharacteristic duties (e.g., dispatching taxi cabs, buses,
shuttle services), that are outside what normally would be
considered duties related to a consolidated public safety
communications center (e.g., ambulance dispatching, fire
department/district dispatching, law enforcement agencies
dispatching, Emergency services dispatching), to any
classification in the bargaining unit must be accompanied by
a classification study. The classification study shall be
accomplished in a reasonably timely manner.
ARTICLE 38 TERM OF THE AGREEMENT
38..1 .,This Agreement shall -be deemed _effective .fr.om...and after
the 1st day of January, 1999 through the 31st day of
December, 2000; Provided, however, that this agreement shall
be subject to such periodic changes as may be voluntarily
and mutually agreed upon by the parties hereto during the
term thereof.
Executed by the parties hereto this Z, day of
CITY OF YAKIMA:
By:
R. A. Zais, Jr. President,'IAFF 469
City Manager
UNION:
By:
ATTEST:
BY:
City Clerk
Sec( es, IAFF 469
,1999
i
City Contract No. 99-18
Resolution No. R-99-17
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 2/16/99
11 EM TITLE: Consideration of a Resolution authorizing the execution the 1998-2000
Collective Bargaining Agreements Between the City of Yakima and IAFF
Local 469 (Fire LEOFF, Fire PERS and Public Safety Communications)
SUBMI 1'IED BY: Dick Zais, City Manager
Al Gillespie, Fire Chief
Gene Martin, Deputy Fire Chief
Sheryl M. Smith, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE: Al Gillespie, x6060
SUMMARY EXPLANATION:
The attached resolution authorizes three, two year Agreements with the IAFF, Local 469 for the
Fire LEOFF, Fire PERS and Public Safety Communications bargaining units. These contracts
represent the result of several months of negotiations between the parties. The Fire LEOFF, Fire
PERS and Public Safety Communications economic settlements are the same and were
previously enacted by Council in legislation effective January 1, 1999. The settlement packages
are outlined below:
Major 1999-2000 Fire LEOFF, Fire PERS & Public Safety Communications Labor Settlement
Provisions
•Duration: 1/1/99-12/31/00.
•Wages: 1/1/99 - 2.5% for LEOFF, PERS & Communications Personnel
7/1/99 -1.5 % for LEOFF, PERS & Communications Personnel
1/1/00 - 100% of the average of the U.S. Cities CPI -W and Seattle CPI -W, June -
June; 2.0% minimum - 3.5 maximum.
•Health Insurance:
LEOFF I, LEOFF II, PERS & Communications Dependent Coverage/Premium
Contributions -
1/1/99 - Maintain same formula with the City paying the first $50.00 and an
employee cap at $125.00/mo.
1/1/00 - City and Local 469 to each pay 50% of dependent unit cost; increase
employee cap to $140.00/mo.
•LEOFF I, LEOFF II, PERS & Communications Life Insurance: 1/1/99 - Increase coverage
from $10,000 to $20,000.
•LEOFF I, LEOFF II, PERS & Communications Longevity: 1/1/99 - Add a 29 year step at 10%.
•Special Pays: Maintain 5.0% special assignment pay for day positions & initiate 5.0%
special assignment pay for Investigator.
•Holiday Pay/Personal Holiday: Fire PERS and Communications Personal Holidays to be
earned on the basis of one full shift.
1
•Lead Dispatcher Compensation: Maintain the current 10% special assignment pay until the
end of the trial period; then to be reviewed and discussed further.
•Deferred Compensation: Maintain current contract language.
*Physical Examinations: Employer paid physical examinations for all personnel beginning
at age 40 and at 2 year intervals thereafter.
•The parties have agreed to continue to work on two outstanding issues, discipline and
conversion of sick leave cashouts to a VEBA account at the time of retirement for LEOFF II and
PERS bargaining unit members.
According to the City's calculations, the 1999 combined settlement cost to the City is estimated
at $173,940 or 3.25% above 1998 levels for all three bargaining units.
Resolution X Ordinance Contract X Other (Specify)
Funding Source
APPROVED FOR SUBM111 AL
City Manager
STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the Fire
LEOFF, Fire PERS and Public Safety Communications
Collective Bargaining Agreements.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
- Page 2-
1999-2000
COLLECTIVE BARGAINING AGREEMENT
PERS FIRE DEPARTMENT EMPLOYEES
By and Between
THE CITY OF YAKIMA, WASHINGTON
LOCAL 469
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AFL-CIO
EFFECTIVE:
January 1, 1999 through December 31, 2000
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 - UNION SECURITY 1
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 2
ARTICLE 5 - EMPLOYEE RIGHTS 3
ARTICLE 6 - PRODUCTIVITY 3
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 4
ARTICLE 8 - GRIEVANCE PROCEDURE 4
ARTICLE 9 - RELEASE FROM DUTY 7
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 8
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 8
ARTICLE 12 - PROMOTIONAL STANDARDS FOR BARGAINING UNIT
MEMBERS 10
ARTICLE 13 - REFRESHMENT FUNDS 10
ARTICLE 14 - WAGES 10
ARTICLE 15 - HEALTH CARE INSURANCE 11
ARTICLE 16 - LIFE INSURANCE 13
ARTICLE 17 - LONGEVITY PAY 13
ARTICLE 18 - SPECIAL PAYS 13
ARTICLE 19 - VACATION LEAVE 14
ARTICLE 20 - HOLIDAYS 16
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 17
ARTICLE 22 - SICK LEAVE POOL 19
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 21
ARTICLE 24 - LIGHT DUTY 21
-I-
ARTICLE 25 - COMPENSATORY TIME OFF 23
ARTICLE 26 - HOURS OF WORK AND OVERTIME 24
ARTICLE 27 - TOBACCO USE ON DUTY 24
ARTICLE 28 - PHYSICAL FITNESS 24
ARTICLE 29 - DEFERRED COMPENSATION 25
ARTICLE 30 - DISCIPLINE AND DISCIPLINARY PROCEDURES 25
ARTICLE 31 - PROPERTY LIABILITY 25
ARTICLE 32 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 25
ARTICLE 33 - ENTIRE AGREEMENT 27
ARTICLE 34 - SAVINGS CLAUSE 27
ARTICLE 35 - CREATION OF NEW CLASSIFICATIONS 27
ARTICLE 36 - CLASSIFICATION STUDIES 28
ARTICLE 37 TERM OF THE AGREEMENT 28
-ll-
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this day of
, 1999, by and between the City of Yakima,
Washington, hereinafter called the City, and local 469,
International Association of Firefighters, AFL-CIO,
hereinafter called the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive
bargaining representative for all regular Fire Department
employees in the Public Employees Retirement System (PERS)
classifications. Excluded from the bargaining unit are the
Fire Chief, Deputy Fire Chief, Battalion Chiefs,
Administrative Assistant, Uniformed Firefighter personnel,
Fire Dispatchers, Alarm Supervisor, Public Safety
Communications Division Manager, and temporary employees.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or
remain a member of the Union. Employees not desirous of
membership in the Union shall be subject to a representation
service fee equal to the base mandatory dues and assessments
which shall be a condition of continued employment. Said
membership or fee payment shall become mandatory upon
successful completion of a one (1) year period of service
and in accordance with provisions of the Public Employee
Collective Bargaining Act, RCW, 41.56. Nothing herein shall
preclude membership in the Union of any employee who so
requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union
membership fees, dues and other assessments by the Union
from the pay of those members who authorize the City to do
so. Such authorization shall be in writing and signed by
each person authorizing such deductions and filed with the
City. The Secretary of the Union shall notify the Finance
Director of the City of Yakima of amounts to be deducted
from the pay of each such person. The City shall transmit
such amounts to the official and location designated by the
bargaining unit representatives together with an itemized
statement, on or before the 20th day of each month,
following the month for which deductions are made. The
Union agrees to hold harmless and indemnify the City against
any claims, causes of action, or lawsuits arising from such
deductions and/or the transmittal of such deductions to the
Union.
3.2 In the event the City receives a written notice, signed
by any person from whose pay such deductions are being made,
that no further deductions are to be made, the City shall
make no such deductions from any pay earned by that person
after receipt by the City of such notice. The City shall
notify the Union of all such notices received by the City,
which notification to the Union shall be given in writing
within seven (7) calendar days after the receipt by the City
of such notice and shall include the name of the person
involved.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to
operate and manage its affairs in all respects in accordance
with its responsibilities, lawful powers and legal
authority. City affairs which are not included within
negotiable matters pertaining to wages, hours and working
conditions are inclusive of the following, but not limited
thereto:
(a) The right to establish and institute work rules
and procedures upon reasonable notice to
bargaining unit members. All personnel rules and
policies developed by the Employer which are
intended to be applicable to Union members shall
be in written form and posted in the department
manual.
-2-
(b) The right to determine reasonable schedules of
work, overtime and all methods and processes by
which said work is to be performed in a manner
most advantageous to the Employer. Changes to
work schedules which are intended to be applicable
to Union members shall be in written form and
posted in the department manual.
(c) The right to lay off employees for lack of work or
funds or because of the occurrence of conditions
beyond the control of the City or where the
continuation of work would be wasteful and
unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for
just cause; provided that the City's right to
discipline or discharge initial hires during their
probationary period shall not be limited by this
section. The parties agree to study policies for
administering this section.
(e) The right to assign incidental duties reasonably
connected with but not necessarily enumerated in
job descriptions, shall nevertheless be performed
by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer
deems necessary to carry out services in an
emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract,
the provisions of this labor agreement, where applicable,
shall not be construed as a waiver of the Union's right to
request and require bargaining in accordance with the
provisions of Chapter 41.56, RCW.
ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of
improving productivity in order to provide maximum services
at reduced costs. The Union agrees to actively cooperate
and participate in studies and agrees to discuss the
implementation of programs to promote efficiency,
productivity and to reduce departmental costs. The goal of
the parties is to jointly work to reduce overtime.
-3-
6.2 A joint committee shall be formed to promote labor
peace, harmony and productivity. The committee shall be
composed of two representatives designated by the Union, two
by the City Council and two designated by management, and
shall meet from time to time as either party may reasonably
request.
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE
7.1 It is the policy of the City of Yakima and the Union
not to discriminate against any employees or applicants for
employment because of race; color; religion; age; sex;
physical, mental, or emotional handicap; national origin;
political affiliation; Union involvement; or any other type
of protected activity. It is not the intent of management
to lower employment standards or hire individuals incapable
of performing the required tasks of the job classification.
Nothing in this section shall prohibit the City from
establishing bona fide occupational qualifications.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of employees'
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both management
and employees are expected to make every effort to resolve
problems as they arise. However, it is recognized that
there may be a grievance which can be resolved only after a
formal review. Accordingly, the following procedure is
hereby established in order that grievances of employees
covered by this agreement may be resolved as fairly and
expeditiously as possible.
8.2 Definition. A grievance is a dispute involving the
interpretation, application, or alleged violation of any
provision of this collective bargaining agreement.
8.3 Process.
(a) To be reviewable under this procedure a grievance
must:
Be commenced within sixty days (60) calendar days
after the grieving party has been made reasonably
aware of the circumstances giving rise to the
grievance.
-4-
(b) Step 1 - Discussion With Supervisor - As soon as
possible, but in no case later than the time
period specified above, an employee shall first
discuss his grievance with his immediate
supervisor. Said supervisor shall make an
investigation of the relevant facts and
circumstances of the complaint and provide a
written decision within seven (7) calendar days.
(c) Step 2- Grievance timely filed in writing with
Division Supervisor - If the employee and the
immediate supervisor cannot reach agreement
regarding a remedy the employee may, provided the
employee timely files the grievance at this step
within twenty (20) calendar days of receipt of the
immediate supervisors written decision, submit the
written grievance to the Division Supervisor. The
Division Supervisor shall conduct an investigation
and provide a written decision within twenty (20)
calendar days of receipt of the grievance.
(d) Step 3 - Grievance Appealed To Chief - If the
employee and Division Supervisor cannot reach
agreement regarding a remedy, the employee may,
within seven (7) calendar days of receipt of the
written decision, submit the grievance to the
Chief of the Department. The Chief shall make a
separate investigation of the issue(s) and notify
the employee in writing of his decision, and the
reasons therefore, within twenty (20) calendar
days.
(e) Step 4 - Grievance Appealed To City Manager - If
the grieving party is dissatisfied with the
decision of the Chief of the Department, the
employee may within seven (7) calendar days
request a review by the City Manager. The City
Manager shall forward a written decision to the
employee within twenty (20) calendar days from
receipt of the grievance.
(f) Step 5 - Grievance Appealed To Arbitration -
Except as provided in 8.4 (d) of this Article, a
grievance which is not resolved as set forth may
be appealed to arbitration. Either party may
invoke arbitration upon submission of a written
request for same which identifies the previously
filed grievance and sets forth the issue(s) which
the moving party seeks to have arbitrated.
-5-
A joint request of the Union and the City Manager
shall then be forwarded to the Public Employment
Relations Commission (PERC) within seven (7)
calendar days for assignment of an arbitrator from
its staff. Subsequent hearing(s) will be governed
by the rules and procedures of PERC. The
arbitrator shall render a decision as promptly as
possible. The arbitrator shall confine
himself/herself to the issues submitted for
arbitration and shall have no authority to
determine any other issues not so submitted to
him/her. The arbitrator shall have jurisdiction
and authority only to interpret, apply or
determine compliance with the specific terms of
the Agreement and shall not have jurisdiction to
add to, detract from or alter in any way the
provisions of this Agreement. The decision within
the jurisdiction of the arbitrator shall be final
and binding upon both parties. Expenses and fees
incumbent to the services of the arbitrator shall
be borne equally by the Employer and the Union.
(g) Any grievance which the City's management may have
against the Union shall be reduced to writing and
submitted to the President of the Union local. If
the matter is not satisfactorily settled within
fifteen (15) calendar days, appeal may be
instituted as set forth in 8.3(f), Step 5, above.
(h) If the subject matter of a grievance could be
appealed to the Civil Service Commission for fire
employees of the City of Yakima, the matter may be
submitted for determination to the Civil Service
Commission or arbitration, but not both. After
the Union has received the City Manager's answer
at Step 4, it will advise the affected employee
whether it is willing to submit the grievance to
arbitration and, if so, the employee shall elect
within 10 days after the Step 4 answer the forum
in which the matter is to be heard. Submission of
the dispute to arbitration or a hearing by the
Civil Service Commission shall bar submission in
the other forum.
8.4 Special Provisions.
(a) A Union representative and/or aggrieved party
shall be granted time off without loss of pay for
the purpose of processing a grievance as provided
in 8.3(f), Step 5, above.
-6-
(b) A grievance may be entertained in or advanced to
any step in the grievance procedure if the parties
so jointly agree.
(c) The time limits within which action must be taken
or a decision made as specified in this procedure
may be extended by mutual written consent of the
parties involved. A statement of the duration of
such extension of time must be signed by both
parties involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and
working conditions not specifically covered by the
terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not
including, arbitration. If the City and the
grievant are unable to reach agreement at the City
Manager level, where the grievance is not subject
to arbitration, a three person board will be
formed. Management will select one member and the
Union will select one member of the Board. The
two members will select the third member who shall
act as chairperson. All members of this Board
must be citizens or employees of the City of
Yakima. In the event the two members cannot agree
as to the selection of the third member, each
member may submit one name whereby the chairperson
shall be selected by lot. Any expenses for the
services of the third party chairperson shall be
borne equally by the parties. The decision of
this Board shall be binding on the parties in non -
contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the
Union as may be designated by the Union normally not to
exceed two (2) in number at any one (1) time, shall be
granted up to a total of one hundred twenty (120) hours of
time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one
hundred twenty (120) hours off will be paid at the standard
rate granted for any leave with pay. The City shall be
obliged to release one (1) employee but may allow additional
employees to be released simultaneously based upon
departmental operational requirements. Business leave
includes attending labor conventions and educational
conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at
least one (1) week prior thereto to the Chief, and provided
-7-
further that the total leave for this bargaining unit for
the purpose set forth in this section shall not exceed one
hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees for
departure or return provided Department established minimum
manning levels are maintained after the absence of the
person(s) to be released on Union Business Leave. Officers
and members of the Union designated by the Union may use
Union business leave from any of the bargaining units that
I.A.F.F. Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be
carried out by the City Manager or his designees, on behalf
of the City Council, and a committee representing the Union.
No later than August 5 of each year, the Secretary of the
Union and the City Manager shall notify one another
regarding the names of persons constituting their respective
bargaining committees. If a communication is forwardec
previous to that date, a response will be made within ten
(10) working days.
10.2 Members of the Union negotiating committee, not
exceeding three (3) in number, shall be granted leave fron
duty without loss of pay for all meetings between the Cit_
and the Union for the purpose of negotiating the terms of a
contract during the pre -impasse period as provided in RC6
41.56, as amended, when such meetings take place at a time
during which any such members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not tc
exceed three (3) in number, shall be granted leave in the
post -impasse period without loss of pay, except that when
such leave reduces the manpower level below that establishec
as the minimum manpower requirement of the Department, such
leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages,
hours and working conditions shall be established through
the negotiation procedure as provided by RCW 41.56. Nc
ordinances existing at the time of execution of this
Agreement relating to wage, hours and working conditions for
members of the bargaining unit shall be amended or repealed
during the -term of this Agreement without written
concurrence of both parties.
-8-
11.2 Each year, as appropriate, the Union shall submit to
the City Manager and the City Manager may submit to the
Union a written proposal for any changes in matters
pertaining to wages, hours and working conditions desired by
the Union or the City for the subsequent year. These
written proposals shall be submitted in accordance with the
requirements of RCW 41.56, as amended by S.B. 2852 (1979).
The Union and the City shall follow the collective
bargaining procedure set forth in the said statute. All
agreements reached shall be reduced to writing which shall
be signed by the City Manager and the Union's
representatives.
11.3 Impasse Resolution
(a)
(b)
Mediation - In the event the Union and the
City are unable to resolve any negotiable matters
relating to wages, hours, and working conditions
for PERS employees, and before any final City
Council action by ordinance, resolution or
otherwise, either party may request mediation.
Said request must be filed within seven (7)
calendar days from the declaration of impasse.
Before mediation is requested, the unresolved
matter may be reduced to writing and reasonable
notice given to the other party of intentions to
seek mediation. Mediation shall be conducted by
the Washington State Public Employment Relations
Commission.
Consideration by City Council - In the event
the Union and the City are unable to resolve any
negotiable matters relating to wages, hours, and
working conditions for PERS employees, such
unresolved matters may be submitted by either
party hereto, to the Yakima City Council for
discussion and consideration by that body in an
effort to satisfactorily settle such unresolved
matter prior to any final City Council action by
ordinance, resolution or otherwise. Such
consideration by the Council shall be made within
fifteen(15) calendar days following a written
request. The parties shall have the right to be
in attendance and be heard.
-9-
11.4 If the Union and the City desires that there be
mediation as provided above, in Section 11.3 (a), the Union
or the City must request in writing to the other party that
such mediation procedure be complied with prior to the
submittal of the matter to the City Council for
consideration.
ARTICLE 12 - PROMOTIONAL STANDARDS FOR BARGAINING
UNIT MEMBERS
12.1 Promotions within this bargaining unit shall be
determined in accordance with the rules and regulations
governing the Yakima Fire Civil Service Commission.
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to
furnish in-house refreshments; provided that any proceeds
from such activities shall be used in-house for,the benefit
of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are
administered consistent with applicable law.
ARTICLE 14 - WAGES
14.1 Effective 1-1-99 the base salary for bargaining unit
members will be increased by two and one-half (2.5%)
percent.
14.2 Effective 7-1-99 the base salary for bargaining unit
members will be increased by one and one-half (1.5%)
percent.
14.3 Effective 1-1-00 the base salary of bargaining unit
members will be increased by an amount equal to 100%
of CPI based on an averaging of the US Cities Consumer
Price Index (CPI -W) and the Seattle Consumer Price
Index (CPI -W) for the period of June 1998 to June
1999,subject to a minimum of 2% and a maximum of 3.5%.
4 4
ARTICLE 15 — HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit
employees, retirees and their dependents shall
participate in the "City of Yakima Employees' Health &
Welfare Benefit Plans". Eligibility rules, types and
of levels of benefits, payment of premiums through a
cafeteria plan, co -payment, coinsurance and
deductibility requirements and all other terms and
conditions for the provision of these health benefits
shall be governed by the "City of Yakima Employees'
Welfare Benefit Program".
15.2 Health and Dental Care Premium Contributions
(a) January 1, 1999 - December 31, 1999
(i) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
coverage shall be paid for by the City and shall
be at no cost to the employee. Bargaining unit
members will be given the option to pay the
difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except
that the deductible shall be as stated in the
"Plan".
(ii) Dependent Health Care Premium Contributions:
The City shall contribute up to $50 for dependent
coverage for bargaining unit members. The City
and the employee shall share dependent medical
premiums in excess of $50 per month contribution
level on a 50o by the Employer and 50o by the
employee basis, with a maximum employee
contribution of $125 per month.
(iii) Dental Care Premium Contributions: The
City shall pay the premium for bargaining unit
member employee and dependent dental care
coverage.
(b) January 1, 2000 through December 31, 2000
(i) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
coverage shall be paid for by the City and shall
be at no cost to the employee. Bargaining unit
members will be given the option to pay the
difference in premium between the designated 100%
41-
coverage for LEOFF I and the City's "Plan", except
that the deductible shall be as stated in the
"Plan".
(ii) Dependent Health Care Premium Contributions:
The City and the employee shall share dependent
medical program premiums on 50% by the Employer
and 50% by the employee basis, with a maximum
employee contribution of $140 per month.
(iii) Dental Care Premium Contributions: The City
shall pay the premium for bargaining unit member
employee and dependent dental care coverage.
(c) Employee contributions under this Article will be
accomplished through normal payroll deductions.
(d) If the average dependent composite cost for the
"Plan" goes below $50 for 1999, said formula for the
cost sharing shall cease for that calendar year. This
will be reviewed once per year according to the data
provided by Direct Administrators.
15.3 Retiree Coverage - The City of Yakima Employees' Health
and Welfare Benefit Plan shall provide retirees and
dependents of retirees the right to remain in the group plan
as follows:
(a) Retirees covered at the time of execution of this
agreement and future retirees may elect to remain
in the group medical plan until they reach age 65,
but they must pay the required premium for such
group medical plan.
(b) Spouses of retirees may remain in the group
medical plan until they reach age 65 or in the
case of spouses of deceased retirees, until they
reach age 65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the
group health care plan as long as they remain
eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the
spouse of deceased retiree terminates, at which
time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall
pay the premium and other shared dependent
coverage costs (including dependents if enrolled)
which shall be based on the same formula as active
42-
employees and dependents within the bargaining
unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or
their beneficiary.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee,
$20,000 in face amount of life insurance.
ARTICLE 17 - LONGEVITY woe-
17.1
AY17.1 The City will pay longevity pay upon satisfactory
completion of the following service and at the designated
rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 19, Vacation
Leave, of this Agreement.
ARTICLE 18 - SPECIAL PAYS
18.1 Acting Assignment. The City will pay acting assignment
pay of at least 5% above the normal base pay or the pay rate
of the D -Step of the next higher pay grade, whichever is
greater, for an individual for such period of continuous
service, provided the individual serves a minimum of eight
(8) hours in such higher classification, having been so
assigned by the Fire Chief or his designee and provided
further that the individual exercises the responsibility,
including operation and administrative duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an
employee to be eligible for assignment to an acting
position, that employee must be eligible for promotion to
the position in accordance with the promotional standards as
set forth in -the Fire Civil Service Commission rules and
regulations.
43
18.3 Tool Aloowance for Electronic Technicians and
Maintenance Mechanic. The employer will pay up to one
percent(1o) of an employees base salary for tool replacement
allowance subject to prior approval on an item -by -item bases
by the Employer. The purpose of this tool allowance is to
provide for replacement of broken and / or stolen tools
subject to the Employer's approval.
18.4 Call Back.
(a) An employee who is called back to duty after his
scheduled shift has terminated, but before the
scheduled start of his next shift, shall receive
premium pay for all hours worked, but not less
than two (2) hours of premium pay.
(b) The call back bonus will not be available for a
"hold over" defined as an extension of a regular
or reassigned shift due to manning requirements or
an emergency circumstance. However, premium pay
shall be paid for work performed.
18.5 Mileage. The City shall pay each employee for his use,
at the request of the City, of his personal auto, not less
than the IRS rate per mile actually driven, or the actual
cost of applicable public transportation. In the event that
the City increases mileage allowance paid by the City for
the use of personal autos on City business for any other
City department or employee, such increased allowance shall
become the new rate thereunder.
18.6 Uniform Maintenance Bargaining unit members shall be
paid sixty dollars ($60.00) annually, payable in February.
The City shall have the right to contract for uniform
maintenance services as it deems appropriate after which
time no further uniform maintenance allowances shall be
payable.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave
for years of service at the following rates:
(a) Employees with one (1) full year of service shall
earn eighty (80) hours, forty (40) hours of which
May be taken after six (6) months service;
(b) Employees with two (2) full years of service shall
earn ninety six 96) hours;
-14
(c) Employees with five (5) full years of service
shall earn one hundred twenty (120) hours;
(d) Employees with ten (10) full years of service
shall earn one hundred fifty two (152) hours;
(e) Employees with more than fifteen (15) full years
of service shall earn one hundred seventy six
(176) hours;
(f) Employees with more than twenty (20) full years of
service shall earn one hundred ninety two (192)
hours provided they become employed by the City of
Yakima prior to January 1, 1981.
19.2 Bargaining unit members may accumulate vacation leave
time in an amount equal to the vacation time the employee
earns during two (2) years of service, according to the
accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined
as the most recent period of employment unbroken by
voluntary termination, voluntary retirement, voluntary
leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be considered
broken by period of disability retirement, or leave without
pay in excess of thirty (30) days for medical reasons, if
approved by the Fire Civil Service Commission during which
times no service credit shall accrue. Layoff shall not be
considered a break in service providing that failure to
accept the first offer of re-employment for any reason shall
constitute a break in service. (No service credit shall
accrue during periods of layoff.)
19.4 For bargaining unit members any vacation accumulated
over the stated limit shall be paid at 100% of base wage as
of December 31 of each year; provided, however, at least 75%
of the annual accrual rate for vacation must have been used
during the year in order to qualify for the payment;
provided, however, if the Employer cancels an employee's
scheduled vacation and this canceling results in vacation
accumulation over the stated limits as of December 31 of any
particular year then the Employer will pay for said vacation
at the normal hourly rate. Payment for any vacation
accumulated over the stated limits is subject to the
Employer's inability to reschedule the vacation time off.
Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
45
ARTICLE 20 — HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a
holiday, within ninety (90) days that employee
shall have time off equal to the number of hours
scheduled most frequently in his regularly
scheduled shifts.
(b) Day On. If an employee performs work on a
holiday, that employee shall receive his/her
regular pay plus time and one-half (1.5) pay for
all hours worked. The employee shall have the
option of receiving comp -time as specified in
Article 25 - Compensatory Time Off.
20.2 No employee shall be paid for a holiday unless such
employee is in a pay status both the workday before and the
workday after such holiday. Exception to the above shall be
made for an employee who works a holiday as directed by the
City.
20.3 An employee who performs work during a period when the
employee is on a scheduled time off shall receive time and
one-half (1.5) for all hours worked and shall receive time
off as specified in 20.1 (a) .
20.4 Bargaining unit members shall observe holidays as
follows:
The
and
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
3rd Monday in Jan.
3rdMonday In Feb.
Last Monday In May
July 4th
13t Monday In Sept.
November llth
4th Thursday In Nov.
December 25th
equal to one (1)
full shift)
provisions of City of Yakima Municipal Code 2.40.080(c)
(d) shall not apply to this provision.
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ARTICLE 21 — SICK LEAVE ACCRUAL/EXCHANGE
21.1 For the purposes of this Article only, a day shall be
construed as eight (8) hours.
21.2 Sick Leave Exchange or Cashout. Bargaining unit
members may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the
options provided the employee, subject to the following
provisions:
(a) No cashout of accrued sick leave will be granted
for those employees with three hundred sixty (360)
hours or less of accrued sick leave except in the
event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to
employees who have accrued in excess of three
hundred sixty (360) hours subject to the following
provisions:
(i) Upon retirement or death, the employee's
accrued sick leave up to a maximum of seven
hundred twenty (720) hours will be cashed out
at the rate of one hundred percent (100%) of
the employee's current base pay.
(ii) Upon termination under honorable conditions,
as distinguished from death or retirement,
the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours
will be cashed out at the rate of fifty
percent (50%) of the employee's current base
pay.
(iii)In the event of death in the line of duty,
all sick leave will be exchanged for pay at
the rate of 100% of the employee's current
base pay.
(iv) In no case shall the cash out payment exceed
Twelve Thousand Five Hundred Dollars
($12,500.00); provided, however, this cash
out limit shall not apply with regard to a
Death in the Line of Duty.
(c) Sick Leave Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of thirty-two (32) hours of sick
leave for each eight (8) hours of vacation, not to
-17-
exceed a total of forty (40) hours added leave
time annually, utilization of which would be
subject to the scheduling and approval by the
department head.
(d) Sick Leave Exchange Procedure. Any regular
employee may exchange accrued sick leave as
provided in subsection (c) above at the option of
the employee, subject to the following conditions
and provisions:
(i) A request for such an exchange shall be made
to the Director of Finance and Budget. All
requests shall be in writing and shall be
signed by the employee making the request.
(ii) Requests will be accepted only during the
first five (5) working days of each month
with exchanged leave to be available within
fifteen (15) calendar days of the date the
request is received by the office of the
Director Finance and Budget. Exceptions to
the above will be made for termination,
layoff or disability retirement.
(iii)No request will be granted for less than
eight (8) hours pay or a minimum of three (3.)
days' leave.
(iv) No exchange will be granted to an employee
who has been terminated for cause, as defined
by Civil Service.
(v) In the event of layoff, exchange requests are
the responsibility of the employee.
(e) In December of each year, any accruals beyond the
one hundred and twenty (120) day limitation will
be automatically exchanged based upon the formula
of eight (8) hours pay for each thirty-two (32)
hours accrued or a percentage thereof for smaller
accruals. Such pay will appear on the employee's
final paycheck for the year.
21.3 The Employer will allow an employee to use the
employee's accrued sick leave to care for a child of the
employee under the age of eighteen (18) with a health
condition that requires treatment or supervision.
-1&
ARTICLE 22 — SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her
discretion, may grant, with the agreement of the Local 469
Executive Board, to a regular full-time employee who is a
member of Local 469 or, with the unanimous agreement of the
Union Executive Board to a City employee, shared leave from
the leave pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty
related illness or injury.
(b) The employee has depleted or will shortly deplete
his/her total available paid leave. Paid leave is
defined as vacation leave, sick leave, accrued
compensatory time, holiday time, and personal
holiday. Shared leave shall mean paid leave
transferred to an employee pursuant to this
section.
(c) Where applicable, the employee has diligently
pursued and is found to be ineligible for
Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability
benefits that meet or exceed the limits set forth
in this program pursuant to local law, state law,
federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a
donating shared leave pool member.
22.2 An employee may donate his/her accrued paid leave hours
by submitting a time card specifying the type and amount of
hours to be donated to the IAFF Local 469 extended
sick/leave pool; provided, that the donated hours do not
cause the donor employee's sick leave balance to be less
than two hundred eighty-eight (288) hours, unless otherwise
approved by the Local 469 Executive Board. The minimum
number of hours to be donated at any one time is eight (8)
hours. Such time cards must be received by the timekeeper
no later than the fifth (5th) day of each month.
22.3 Paid leave shall be transferred on a dollar -value
basis. The value of shared leave shall be the dollar value
of the paid leave at the time it is recorded as available
for use as shared leave. Once shared leave has been
transferred to an employee, it shall be transformed into
sick leave and so credited to the employee's sick leave
accrual. The dollar value of the pool will be increased by
-19-
the City by the same percentage or dollar -per -hour figure as
any wage increase effective for Local 469 members.
22.4 All requests/applications for shared leave shall be in
writing on a form provided by Local 469 and directed to the
Local 469 Executive Board. Said written application shall
contain the following information:
(a) The number of hours sought from the leave pool, in
one-hour increments.
(b) A physician's statement indicating the nature of
the illness or injury, the prognosis for recovery,
and the expected duration of the absence. All
such information shall be kept confidential.
(c) An agreement to return to said leave pool any
unused hours received from said leave pool upon
return to work or termination of his/her
employment for any reason.
All requests processed by the Payroll Office by the
fifteenth (15th) of a month shall be effective for that
month.
22.5 The Local 469 Executive Board shall recommend whether
to approve a request for leave from the leave pool,
according to the following factors:
(a) The nature of the illness or injury of the
requesting employee.
(b) Any history of excessive or abusive use of sick
leave by the requesting employee.
(c) The amount of shared leave available in the leave
pool.
22.6 The Union Executive Board shall make every reasonable
effort to determine that an employee is granted shared leave
only for catastrophic non -duty related illness or injury and
the limitations set forth in this policy. Use of shared
leave contrary to this Agreement shall result in
cancellation of shared leave, the balance of which will be
returned/transferred to the leave pool. The Local 469
Executive Board shall so notify the involved employee and
the Director of Finance and Budget.
22.7 Hours awarded from the leave pool shall be on a first-
come first-served basis of qualified employees. The maximum
withdrawal from the pool shall be limited to the amount
•2a
required to maintain the requester's employee status for six
months from the date of approval, per approval request.
22.8 The Local 469 Executive Board shall send written
notification for the award of sick leave hours from the
leave pool to the City of Yakima Human Resources Department,
with a copy to the Payroll Officer. The Union Executive
Board and the City shall notify each requesting employee of
the final decision on award of hours from the leave pool.
22.9 The
monitoring
initiating
adjust the
leave pool. Records of all transactions from the leave pool
to the recipient will be maintained by the Payroll Office
with a copy of each transaction also maintained in the Human
Resources Office. Recipients shall also have a record of
his/her hours received from the leave pool placed in their
City and Department personnel file.
Personnel Officer shall be responsible for
shared leave and shall also be responsible for
the proper paperwork to the Payroll Office to
accrued leave balances to the recipient from the
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE
23.1 Male bargaining unit members shall be authorized to use
sick leave on the day his wife gives birth. The employee
shall be released by his supervisor upon the arrival of a
replacement if such is needed to maintain Division daily
staffing requirements. If the employee's sick leave has
been exhausted, vacation, holiday or compensatory time, or
other accrued time off may be used in lieu of sick leave.
23.2 The Union and the City agree to jointly develop
appropriate language to add to this article to cover the
impacts of mandates by State and Federal statutes.
ARTICLE 24 - LIGHT DUTY
24.1 Off-duty extended injury, illness, or pregnancy
Bargaining unit members who are off-duty due to an extended
injury, illness, or pregnancy and cannot perform their
regular duties may request in writing to the Chief of the
Department an assignment to light duty. This request may be
made at the end of (7) days after the point of the injury,
illness, or notification of pregnancy. Any light duty
assignment will be contingent on the Department's needs and
the employee's ability to perform assigned duties within the
scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for (30)
21-
days and will be reviewed by the Chief of the Department to
determine any extension of the assignment. Light duty
assignments will not include fire suppression, EMS response,
dispatching duties, or delay the appointment or filling of a
Civil Service position due to work being performed by the
employee on light duty. Any employee on light duty will
maintain all the rights and benefits of this contract and
earn job and position seniority as if on full duty.
Employees assigned to light duty on an 8 hour day shift who
have previously been assigned to a 24 hour shift will have
their sick leave hours converted on the basis of one (1)
hour sick leave for every three (3) hours accrued. This
exchange will cause an employee that has a maximum
accumulated sick leave from a 24-hour shift (1440 hours) to
go to 480 hours. Any excess of the day sick leave of 480
hours that an employee had earned while on the 24 hour shift
will go into a pool to be returned to that employee upon
return to work on a 24 hour shift. If the employee cannot be
returned to shift work for any reason those excess hours
held in the pool would go into the sick leave pool. In no
case can the employee gain more than 100% of sick leave or
income from this assignment.
24.2 On -duty extended injury or illness
Bargaining unit members who are injured or incur illness on
duty may be required at the discretion of the department to
be placed on light duty. Any light duty assignment will be
contingent on the Department's needs and the employee's
ability to perform assigned duties within the scope that
would be allowed based on a physician's recommendation. All
light duty assignments will be for (30) days and will be
reviewed by the Chief of the Department to determine any
extension of the assignment. Light duty assignments will not
include fire suppression, EMS response, dispatching duties,
or delay the appointment or filling of a Civil Service
position due to work being performed by the employee on
light duty. Any employee on light duty will maintain all the
rights and benefits of this contract and earn job and
position seniority as if on full duty. Employees assigned to
light duty on an 8 hour day shift who have previously been
assigned to a 24 hour shift will have their sick leave hours
converted on the basis of one (1) hour sick leave for every
three (3) hours accrued. This exchange will cause an
employee that has a maximum accumulated sick leave from a
24-hour shift (1440 hours) to go to 480 hours. Any excess of
the day sick leave of 480 hours that an employee had earned
while on the 24 hour shift will go into a pool to be
returned to that employee upon return to work on a 24 hour
shift. In no case can the employee gain more than 100% of
sick leave or income from this assignment.
22-
ARTICLE 25 — COMPENSATORTY TIME OFF
25.1 All bargaining unit employees shall have the option of
receiving payment or credited time off at the rate of one
and one-half (1.5) actual overtime hours worked in
accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and will
have to be cleared by use or pay by December 31, annually.
Up to forty (40) hours of compensatory time may be
accumulated. Use shall be scheduled at the City's discretion
with due regard to the wishes of the employees and the
City's work requirements.
25.2 Court Appearance Leave - In the event members of the
bargaining unit receive a subpoena to appear in court to
provide testimony in an official capacity, such required
absence from scheduled duty shall be considered time worked
for pay purposes. When said employees are required to
appear in court in an official capacity in their off duty
hours, they shall be paid at the applicable rate for such
time. Verification of court attendance shall be on a form
prescribed by the Administration and shall include a
statement of hours signed by the relevant court clerk.
25.3 An off duty employee who is required by the
Administration to testify before the Civil Service Board on
matters pertaining to his assigned duties shall be
compensated for actual time in attendance in accordance with
25.2 of this Article. Verification of attendance shall be
on a form prescribed by Administration and shall include a
statement of hours of attendance signed by Administration.
25.4 Training Time - For bargaining unit members, training
time required by the Administration shall be considered as
time worked for compensation purposes. Optional training
and efforts expended in preparation for promotional exams,
etc., shall not be covered by this clause.
ARTICLE 26 - HOURS OF WORK AND OVERTIME
26.1 Overtime. For Bargaining Unit members, overtime hours
are those hours worked in excess of forty (40) hours in a
regularly scheduled seven (7) day work period and all hours
outside one's normally assigned shift. For the purposes of
computing overtime all paid leave time shall be considered
time worked.
23-
26.2 No Pyramiding. Nothing contained in this collective
bargaining agreement shall be interpreted or enforced in
such a manner as to result in the duplication, pyramiding or
multiple payment (whether by fractions or otherwise) of
compensation for such items as overtime involving the same
hours of labor.
ARTICLE 27 - TOBACCO USE ON DUTY
27.1 The Union and the City recognize that health problems
are caused by smoking and therefore agree to the elimination
of the use of all tobacco products by all members of the
Fire Department in this bargaining unit from all
administrative offices, buildings or facilities of the Fire
Department. Violations of these provisions shall constitute
a basis for disciplinary action to be handled in accordance
with normal disciplinary procedures.
ARTICLE 28 - PHYSICAL FITNESS
28.1 Bargaining unit members will have made available to
them a time, which shall not exceed sixty (60) minutes per
work shift, to participate in an approved aerobics/physical
fitness program. This program shall be as approved by the
physical fitness committee. The scheduled times will be by
agreement between the Fire Chief and the Union. At no time
shall the scheduled aerobics/physical fitness time cause a
hiring situation to happen in order to allow anyone to
participate. Relief of on -duty personnel shall only happen
when work schedules and work loads allow. At other times
participants shall use the equipment, furnished by the
Administration to accomplish their aerobics/fitness times.
The participants shall provide all of their own personal
aerobics/fitness clothing. The actual schedule of the
aerobics/fitness period times, availability of relief and
the list of approved activities shall be subject to approval
by the Fire Chief and the physical fitness committee. As
part of this program, the participants are encourages to be
active participants in the City's wellness program in order
to have a total wellness/fitness program.
28.2 Employees in this bargaining unit shall be required to
have physical examinations to be scheduled by and at the
expense of the City. Examinations shall be required every 2
years beginning at the age of 40. The results of a medical
examination, -only as it relates to the ability of the
employee to carryout his/her job responsibilities, shall be
forwarded to the Chief of the Department. A copy of which
will be sent to the employee.
24
ARTICLE 29 - DETERRED COMPENSATION
29.1 Effective 1-1-98, each bargaining unit member shall be
paid, in addition to that employee's monthly salary,
deferred earned compensation each month in an amount equal
to 3% of base pay to a deferred compensation account for
each member of the bargaining unit.
29.2 Said deferred compensation is separate pay and is not
part of the base monthly salary schedule codified in Yakima
Municipal Code Pay and Compensation Ordinance, subsection
2.20.110. This provision is subject to the City's deferred
compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be
governed by applicable state law.
ARTICLE 30 - DISCIPLINE AND DISCIPLINARY PROCEDURES
30.1 Both parties have agreed to continue work and to
complete a progressive discipline policy.
ARTICLE 31 - PROPERTY LIABILITY
31.1 The City shall provide full physical damage insurance
on City vehicles which shall include Fire Department
employees as insureds, or the City shall, in the
alternative, become self-insured for such physical damage.
In either case, the City waives any claim it may have
against any Fire Department employee for damage to City
property while that employee is acting within the scope of
his employment except in the instance of intentional
misconduct, but the City retains its right to discipline any
employee for just cause.
ARTICLE 32 - MUNICIPAL CODE SECTIONS PERTAINING
BARGAINING UNIT MEMBERS
2.04 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required - Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2,S
2.20.040
2.20.060
2.20.070
2.20.080
2.20.085
2.20.086
2.20.088
2.20.100
2.20.110
2.22
2.22.010
2.22.030
2.22.040
2.22.050
2.22.060
2.22.070
2.22.075
2.22.080
2.24
2.24.010
2.24.015
2.24.020
2.40
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.070
Policy for Pay Steps
Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
Reduction in Salary
Effect on Budget
Reimbursement for Expenditures
Reimbursed Expenditures - Amounts
Uniform Allowance - Special Assignment Pay
Classification Plan
Compensation Plan
Fire Department - Working Conditions
Work Week
Compensation
Overtime Pay
Special Assignment Pay
Time -off Privileges - Vacation Leave
Time -off Privileges - Compassionate Leave
Time -off Privileges - Sick Leave
Holidays
Longevity Plan
Longevity Plan - Eligibility - Restrictions
Longevity Plan - Service Recognition Award
Leave Of Absence for Service in Armed Forces
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representative
2.44.050 Prohibited Expenditures
2.44.60 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this
Agreement, the latter shall control. Nothing herein shall
alter the parties' rights and obligations to bargain
collectively concerning proposed changes in the Municipal
Code that affect wages, hours or working conditions of
bargaining unit employees.
26-
ARTICLE 33 — ENTIRE AGREEMENT
33.1 This collective bargaining agreement constitutes the
entire agreement as negotiated between the parties and no
oral statements and/or previous written agreements shall add
to or supersede any of the specific provisions of this
agreement.
33.2 The City and the Union agree to establish monthly
meetings for the purpose of discussing matters considered of
importance and to maintain a channel of communication. It is
intended that such communication be used as a tool to
prevent problems from developing and to solve problems which
have surfaced.
33.3 The problem resolving meetings shall not result in any
modifications to this collective bargaining agreement except
by mutual written agreement by the parties.
ARTICLE 34 - SAVINGS CLAUSE
34.1 All provisions of this Agreement are subject to
applicable laws, and if any provision of any article of this
Agreement is held or found to be in conflict therewith, said
provision shall be void and shall not bind either of the
parties hereto; however, such invalidity shall not affect
the remaining articles of this Agreement. Notwithstanding
any other provisions of this Agreement the Employer may take
all actions reasonable to comply with the Americans with
Disabilities Act and the Family Medical Leave Act.
ARTICLE 35 - CREATION OF NEW CLASSIFICATIONS
35.1 The salary, hours of work and fringe benefits for all
newly created classifications within the bargaining unit
shall be negotiated with the Union. The Employer will
provide a job description for the new classification to the
bargaining unit representative prior to seeking applications
for the new position. Thereafter, the classification shall
be filled by open and competitive competition. If the new
classification would be a logical progression for an
existing classification, then rt will be filled by the
promotional process. Otherwise, the new classification
would be filled by open and competitive competition. All
areas negotiated for the new classification shall be applied
retroactive to the date of hire or promotion of any
individual who is placed into the new classification.
27
ARTICLE 36 - CLASSIFICATION STUDIES
36.1 The long term assignment (greater than 6 months) of
uncharacteristic duties to any classification in the
bargaining unit must be accompanied by a classification
study. The classification study shall be accomplished in
a reasonably timely manner.
36.2 The City agrees to conduct classification studies for
the positions of Maintenance Mechanic (Mark Frey) and
Electronics Technician II (Dave Brush). The classification
studies shall consider the duties, certifications, and
compensation for these positions. Every effort shall be
made to have the studies concluded by July 31, 1999; with
any resulting compensation adjustments beginning with the
first full month following the completion of the studies.
ARTICLE 37 TERM OF THE AGREEMENT
37.1 This Agreement shall be deemed effective from and
after the 1st day of .January, 1999 through the 31st day of
December, 2000; Provided, however, that this agreement
shall be subject to such periodic changes as may be
voluntarily and mutually agreed upon by the parties hereto
during the term thereof.
Executed by the parties hereto this 2'L day of Y,'7
,1999
CITY OF YAKIMA:
UNION:
By: Y� By:
R. A. Zais, Jr.
City Manager
ATTEST:
yrl
B y : Z�C ,�,,v ><'c
City Clerk
IAFF 469
Sec- es, IAFF 469
City Contract No. 99-17
Resolution No. R-99-17
1999-2000
LEOFF COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
LOCAL 469
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AFL-CIO
EFFECTIVE:
January 1, 1999 through December 31, 2000
TABLE OF CONTENTS
GENERAL PROVISIONS
Article No. Page No.
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY 2
3 PAYROLL DEDUCTIONS 2
4 MANAGEMENT RIGHTS 2
5 EMPLOYEE RIGHTS 3
6 PRODUCTIVITY 3
7 EQUAL OPPORTUNITY CLAUSE 4
8 PROPERTY LIABILITY 4
9 GRIEVANCE PROCEDURE 4
10 RELEASE FROM DUTY 7
11 COLLECTIVE BARGAINING COMMITTEES 7
12 COLLECTIVE BARGAINING PROCEDURE 8
13 SAFETY 8
14 PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS 8
15 REFRESHMENT FUNDS 11
16 FIRE DEPARTMENT RESERVES 11
PROVISIONS APPLICABLE TO WAGES AND BENEFITS
17 WAGES 15
18 HEALTH CARE INSURANCE 16
19 LIFE INSURANCE 17
20 LONGEVITY PAY 18
21 SPECIAL PAYS 18
22 VACATION LEAVE AND KELLY DAYS 19
23 LEOFF EMPLOYEES HOLIDAYS 21
24 SICK LEAVE ACCRUAL / EXCHANGE FOR LEOFF EMPLOYEES 22
25 SICK LEAVE POOL 25
26 BIRTHING LEAVE / MATERNITY LEAVE 27
27 LIGHT DUTY FOR LEOFF II EMPLOYEES 27
28 COMPENSATORY TIME OFF 28
29 OVERTIME FOR LEOFF EMPLOYEES 29
MISCELLANEOUS PROVISIONS
30 DUTY WEEK FOR LEOFF EMPLOYEES 29
31 TOBACCO USE ON DUTY 30
32 PHYSICAL FITNESS 30
33 CREATION OF NEW LEOFF CLASSIFICATIONS 31
34 DEFERRED COMPENSATION FOR LEOFF EMPLOYEES 31
35 DISCIPLINE POLICY 31
36 MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT
LEOFF EMPLOYEES 31
37 ENTIRE AGREEMENT 33
38 NO PYRAMIDING 33
39 SAVINGS CLAUSE 33
40 TERM OF AGREEMENT 33
Signature page 34
Letters of Agreement
Appendix "A" (Pay ordinance as Passed by City Council)
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
And
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this First day of January, 1999, by and between the City
of Yakima, Washington, hereinafter called the City, and Local 469, International Association of
Firefighters, AFL-CIO, hereinafter called the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive bargaining representative for all
Fire Department employees in Law Enforcement Officers and Firefighter (LEOFF)
classifications and those employees in the PERS classifications of Fire Dispatcher and Alarm
Supervisor excluding temporary employees, the Fire Chief, Deputy Fire Chief and Battalion
Chief.
1
ARTICLE 2 — UNION SECURITY
2.1 Each employee in the Fire Department may become or remain a member of the Union.
Employees not desirous of membership in the Union shall be subject to a representation service
fee equal to the base mandatory dues and assessment, which shall be a condition of continued
employment. Said membership or fee payment shall become mandatory upon successful
completion of one (1) year period of service with the Fire Department and in accordance with
provisions of the Public Employee Collective Bargaining Act, R.C.W. 41.56. Nothing herein
shall preclude membership in the Union of any employee who so requests prior to completion of
one (1) year of service.
ARTICLE 3 — PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union membership fees, dues and other
assessments from the pay of those members who authorize the City to do so; such authorization
shall be in writing and signed by each person authorizing such deductions and filed with the
City. The Secretary of the Union shall notify the Finance Officer of the City of Yakima of
amounts to be deducted from the pay of each such person. The City shall transmit to the
Treasurer of the Union the aggregate of such deductions, together with an itemized statement, on
or before the 20th day of each month, following the month for which deductions are made. The
Union agrees to hold harmless and indemnify the City against any claims, causes of deductions
to the Union.
3.2 In the event the City receives a written notice, signed by any person from whose pay such
deductions are being made, that no further deductions are to be made, the City shall make no
such deductions from any pay earned by that person after receipt by the City of such notice. The
City shall notify the Secretary of the Union of all such notices received by the City, which
notification to the Union shall be given in writing within seven (7) calendar days after the receipt
by the City of such notice and shall include the name of the person involved.
ARTICLE 4 — MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all
respects in accordance with its responsibilities, lawful powers and legal authority. City affairs
which are not included within negotiable matters pertaining to wages, hours and working
conditions are inclusive of the following, but not limited thereto:
2
(a) The right to establish and institute work rules and procedures upon reasonable
notice to bargaining unit members. All personnel rules and policies developed by
the Employer which are intended to be applicable to Union members shall be in
written form and posted in the departmental manual.
(b) The right to determine reasonable schedules of work, overtime and all methods
and processes by which said work is to be performed in a manner most
advantageous to the Employer. Changes to work schedules, which are intended to
be applicable to Union members, shall be in written form and posted in the
departmental manual.
(c) The right to lay off employees for lack of work or funds or because of the
occurrence of conditions beyond the control of the City or where the continuation
of work would be wasteful and unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for just cause; provided that the
City's right to discipline or discharge initial hires during their probationary period
shall not be limited by this section. The parties agree to study policies for
administering this section.
(e) The right to assign incidental duties reasonably connected with but not necessarily
enumerated in job descriptions, shall nevertheless be performed by employees
when requested to do so by the Employer.
(f)
The right to take whatever actions the Employer deems necessary to carry out
services in an emergency.
ARTICLE 5 — EMPLOYEE RIGHTS
Except as otherwise provided in this labor contract, the provisions of this labor agreement, where
applicable, shall not be construed as a waiver of the Union's right to request and require
bargaining in accordance with the provisions of Chapter 41.56, RCW.
ARTICLE 6 — PRODUCTIVITY
6.1 The parties mutually recognize the desirability of improving productivity in order to
provide maximum services at reduced costs. The Union agrees to actively cooperate and
participate in studies and agrees to discuss the implementation of programs to promote
efficiency, productivity and to reduce departmental costs. The goal of the parties is to jointly
work to reduce overtime.
6.2 A joint committee shall be formed to promote labor peace, harmony and productivity.
The committee shall be composed of two representatives designated by the Union, two by the
3
City Council and two designated by management, and shall meet from time to time as either
party may reasonably request.
ARTICLE 7 — EQUAL OPPORTUNITY CLAUSE
7.1 It is the policy of the City of Yakima and the Union not to discriminate against any
employees or applicants for employment because of race; color; religion; age; sex; physical,
mental, or emotional handicap; national origin; political affiliation; union involvement; or any
other protected rights. It is not the intent of management to lower employment standards or hire
individuals incapable of performing the required tasks of the job classification. Nothing in this
section shall prohibit the City from establishing bona fide occupational qualifications.
ARTICLE 8 — PROPERTY LIABILITY
8.1 The City shall provide full physical damage insurance on Fire vehicles which shall
include Fire Department employees as insureds, or the City shall, in the alternative, become self-
insured for such physical damage. In either case, the City waives any claim it may have against
any Fire Department employee for damage to City property while that employee is acting within
the scope of his employment except in the instance of intentional misconduct, but the City retains
its right to discipline any employee for just cause.
ARTICLE 9 — GRIEVANCE PROCEDURE
9.1 Policy. The parties recognize that the most effective accomplishment of the work of the
City requires prompt consideration and equitable adjustments of employees' grievances. It is the
desire of the parties to adjust grievances informally whenever possible, and both management
and employees are expected to make every effort to resolve problems as they arise. However, it
is recognized that there may be a grievance which can be resolved only after a formal review.
Accordingly, the following procedure is hereby established in order that grievances of employees
covered by this agreement may be resolved as fairly and expeditiously as possible.
9.2 Defmition. A grievance is a dispute involving the interpretation, application, or alleged
violation of any provision of this collective bargaining agreement.
4
9.3 Process.
(a) To be reviewable under this procedure a grievance must:
Be commenced within sixty (60) calendar days after the grieving, party has been
made reasonably aware of the circumstances giving rise to the grievance.
(b) Step 1 — Discussion with Battalion Chief — As soon as possible, but in no case later
than the time period specified above, an employee shall first discuss his grievance
with his Battalion Chief. The Battalion Chief shall make an investigation of the
relevant facts and circumstances of the complaint and provide a written decision
within seven (7) calendar days.
Step 2 — Written Grievance To Division Supervisor — If the grievance is not
resolved at Step 1, or in the case of a grievance initiated by the Union, then the
grievance may be submitted to the Division Supervisor within twenty (20) calendar
days of receipt of the written decision of the immediate supervisor in writing setting
forth the detailed facts concerning the nature of the grievance, contractual
provisions alleged violated and relief sought. The Division Supervisor shall hear
the grievance and forward a written decision to the employee within twenty (20)
calendar days after such hearing.
(d) Step 3 — Grievance Appealed To Chief Of The Department — If the employee and
Division Supervisor cannot reach agreement regarding a remedy, the employee
may, within seven (7) calendar days of receipt of the written decision, submit the
grievance to the Chief of the Department. The Chief shall make a separate
investigation of the issue(s) and notify the employee in writing of his decision, and
the reasons therefore, within twenty (20) calendar days.
(e) Step 4 — Grievance Appealed To City Manager — If the grieving party is dissatisfied
with the decision of the Chief of the Department, the employee may within seven
(7) calendar days request a review by the City Manager. The City Manager shall
forward a written decision to the employee within twenty (20) calendar days from
receipt of the grievance.
(f) Step 5 — Grievance Appealed To Arbitration — Except as provided in 9.4 (d) of this
Article, a grievance which is not resolved as set forth may be appealed to
arbitration. Either party may invoke arbitration upon submission of a written
request for same which identifies the previously filed grievance and sets forth the
issue(s) which the moving party seeks to have arbitrated.
A joint request of the Union and the City Manager shall then be forwarded to the
Public Employment Relations Commission (PERC) within seven (7) calendar days
for assignment of an arbitrator from its staff. Subsequent hearing(s) will be
governed by the rules and procedures of PERC. The arbitrator shall render a
(c)
5
(g)
decision as promptly as possible. The arbitrator shall confine himself/herself to the
issues submitted for arbitration and shall have no authority to determine any other
issues not so submitted to him/her. The arbitrator shall have jurisdiction and
authority only to interpret, apply or determine compliance with the specific terms of
the Agreement and shall not have jurisdiction to add to, detract from or alter in any
way the provisions of this Agreement. The decision within the jurisdiction of the
arbitrator shall be final and binding upon both parties. In the event that the Public
Employment Relations Commission establishes fees for the assigned arbitrator
during the term of this Agreement, such expenses and fees incumbent to the services
of the arbitrator shall be borne equally by the Employer and the Union.
Any grievance which the City's management may have against the Union shall be
reduced to writing and submitted to the President of the Union local. If the matter
is not satisfactorily settled within fifteen (15) calendar days, appeal may be
instituted as set forth in 9.3 (f), Step 5, above.
(h) If the subject matter of a grievance could be appealed to the Civil Service
Commission for fire employees of the City of Yakima, the matter may be submitted
for determination to the Civil Service Commission or arbitration, but not both.
After the Union has received the City Manager's answer at Step 4, it will advise the
affected employee whether it is willing to submit the grievance to arbitration and, if
so, the employee shall elect within 10 days after the Step 4 answer the forum which
the matter is to be heard. Submission of the dispute to arbitration or a hearing by
the Civil Service Commission shall bar submission in the other forum.
9.4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted time off without loss
of pay for the purpose of processing a grievance as provided in 9.3 (f), Step 5,
above.
(b) A grievance may be entertained in or advanced to any step in the grievance
procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties
involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and working conditions not specifically
covered by the terms and conditions of this Agreement shall be subject to the
grievance procedure up to, but not including, arbitration. If the City and the grievant
are unable to reach agreement at the City Manager level, where the grievance is not
subject to arbitration, a three person board will be formed. Management will select
one member and the Union will select one member of the Board. The two members
will select the third member who shall act as chairperson. All members of this Board
6
must be citizens or employees of the City of Yakima. In the event the two members
cannot agree as to the selection of the third member, each member may submit one
name whereby the chairperson shall be selected by lot. Any expenses for the services
of the third party chairperson shall be borne equally by the parties. The decision of
this Board shall be binding on the parties in non -contractual grievances.
ARTICLE 10 — RELEASE FROM DUTY
10.1 Union Business Leave. Such officers and members of the Union as may be designated by
the Union normally not to exceed three (3) in number at any one (1) time, shall be granted
fifteen (15) duty shifts of time off for Union business, provided that a maximum of ten (10) of
these fifteen (15) shifts off will be paid at the standard rate granted for any leave with pay.
Business leave includes attending labor conventions and educational conferences given at least
one (1) week prior thereto to the Chief of the Fire Department, and provided further that the total
leave for this bargaining unit for the purpose set forth in this section shall not exceed fifteen (15)
duty shifts in any calendar year. Furthermore, partial shifts may be utilized by employees for
departure or return provided Department established minimum manning levels are maintained
after the absence of the person(s) to be released on Union Business Leave. Officers and
members of the Union designated by the Union may use Union Business Leave from any of the
Bargaining Units that I.A.F.F. local 469 represents.
ARTICLE 11— COLLECTIVE BARGAINING COMMITTEES
11.1 Collective bargaining between the parties shall be carried out by the City Manager or his
designees, on behalf of the City Council, and a committee representing the Union. No
later than August 5 of each year, the Secretary of the Union and the City Manager shall
notify one another regarding the names of persons constituting their respective bargaining
committees. If a communication is forwarded previous to that date, a response will be
made within ten (10) working days.
11.2 Members of the Union negotiating committee, not exceeding three (3) in number, shall be
granted leave from duty without loss of pay for all meetings between the City and the
Union for the purpose of negotiating the terms of a contract during the pre -impasse period
as provided in RCW 41.56, as amended, when such meetings take place at a time during
which any such members are scheduled to be on duty.
11.3 Members of the Union negotiating committee, not to exceed three (3) in number shall be
granted leave in the post -impasse period without loss of pay, except that when such leave
reduces the manpower level below that established as the minimum manpower
requirement of the Department, such leave shall be without pay.
7
ARTICLE 12 — COLLECTIVE BARGAINING PROCEDURE
12.1 General. All negotiable matters pertaining to wages, hours and working conditions shall
be established through the negotiation procedure as provided by RCW 41.56. No ordinances
existing at the time of execution of this Agreement relating to wage, hours and working
conditions for members of the bargaining unit shall be amended or repealed during the term of
this Agreement without written concurrence of both parties.
12.2 Each year, as appropriate, the Union shall submit to the City manager and the City
Manager may submit to the Union a written proposal for any changes in matters
pertaining to wages, hours and working conditions desired by the Union or the City for
the subsequent year. These written proposals shall be submitted in accordance with the
requirements of RCW 41.56, as amended by S.B. 2852 (1979). The Union and the City shall
follow the collective bargaining procedure set forth in the said statute. All agreements reached
shall be reduced to writing, which shall be signed by the City Manager and the Union's
representatives.
ARTICLE 13 — SAFETY
13.1 The Employer shall comply and require all employees to comply with the
requirements, current and as may hereafter be amended, of WAC Chapter 296-305, 29 CFR
1910.134 and 29 CFR 1910.120. The parties will study WAC Chapters 296-24 and 296-62
concerning whether these chapters should also be incorporated in their agreement.
13.2 No employee shall respond to a fire emergency on a pumper that is staffed by fewer
than three career firefighters; provided that:
The Brush Truck, Tankers, Airport Crash Rescue, and Air Truck vehicles shall continue
with present staffmg practices;
The parties will bargain concerning emergency response staffing in the event of new
circumstances. These agreements shall be reduced to writing.
ARTICLE 14 — PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS
14.1 All promotions to LEOFF positions within the bargaining unit shall be made solely on
merit, efficiency and fitness ascertained by open competitive examination among
bargaining unit personnel. Examinations shall fairly, objectively and comprehensively
test for qualifications for the position. A description of the subject matter to be covered
by each examination shall be provided to the Union and posted conspicuously not less
than 60 days prior to the examination. Current text and reference materials that are
relevant and may be used for study purposes will be provided by the Employer. They will
be made available to those employees who wish to prepare for an examination. An initial
joint inventory of the materials will be accomplished as soon as reasonably possible by
8
staff and Union representatives prior to each examination in order to assure material
availability. However, after a joint inventory is concluded, should any reference materials
be missing from the stations then it shall be the joint responsibility of the Union and the
Fire Department to replace those missing materials.
14.2 Examinations shall be administered by the Chief Examiner of the Yakima Fire Civil
Service Commission. Each examination shall have a written portion (consisting of one or
more types of written examination) that shall constitute fifty percent of the total score and
an oral portion (that may consist of role playing exercises, problem solving situations and
other tests that are germane to testing relevant skills) that shall constitute fifty percent of
the score. The oral board shall consist of four qualified examiners who are not employed
by the City of Yakima, two of whom are selected from a list of six submitted by the
Employer and two of whom are selected from a list of six submitted by the Union. Both
lists shall reflect accurate addresses and telephone numbers. Both parties shall be
responsible for verifying the interest and availability of potential examiners prior to
submitting names to the Chief Examiner. The Employer and the Union may each designate an
observer to attend the administration of the examination. The Chief Examiner shall determine
weighting of each component within the two major examination areas, which shall be included in
the notice of the examination. Candidates must achieve a score of seventy (70%) percent or
higher on each portion of the examination to obtain a passing score.
14.3 For each examination, the Chief Examiner and the Fire Chief shall insure that the
examination is impartially administered and that except for such assistance from the Human
Resources Department as the Chief Examiner requires, no other City personnel, including those
outside the bargaining unit, have prior access to, or prior notice of, specific examination
procedures or questions or the identity of the oral examiners selected for the examination. In
preparation for the creation of each examination representatives of the parties shall meet with the
examiner and the Employer shall identify the qualifications it seeks for its promoted personnel.
A Union representative may, at the Union's option, attend the meeting or meetings, and may
offer comments, suggestions or objections regarding how the examination will be conducted.
Candidates shall be permitted to review their examination scores and obtain sufficient
information to peinrit them to understand and learn from any mistakes or other performance
deficiencies.
14.4 Procedure for Problem/Failure and Appeals during an examination.
(a) If a problem/failure occurs during an examination that is beyond the control of the
applicant, the applicant must notify the Chief Examiner/proctor immediately. The
Chief Examiner/proctor will note how much testing time the applicant has
remaining. The Chief Examiner/proctor will document how long it takes to correct
the problem/failure. The applicant will be given the additional documented time to
complete the examination as soon as the problem/failure has been corrected. The
applicant shall not work on the examination during the time the problem/failure is
being corrected.
(b) In case of a problem/failure, the applicant has the right to appeal to the Chief
9
Examiner for additional time or if other remedies should be made. This appeal
must be made in writing, and must state they are appealing. The appeal must give
the applicant's specific desired remedies, and must be filed with the Chief Examiner
within ten (10) days after the formation of the promotional register. No scores will
be given to applicants until all appeals are resolved.
14.5 Promotional Eligibility: Promotional registers shall be valid for two years. For Lieutenant
and Captain, a new examination shall be conducted one (1) month prior to the expiration of the
current list and become effective upon expiration of the current list. Eligibility requirements
must be met by the first day of testing.
(a) Lieutenant: Five (5) years of service with the Yakima Fire Department as a career
Fire Fighter shall be required for eligibility to test for the position of Lieutenant.
Persons hired after 1-1-96 shall also be required to have successfully completed
thirty (30) fire science degree credits for eligibility for appointment as a Lieutenant.
(b) Captain: Twenty-four (24) months as an appointed, career Lieutenant in the Yakima
Fire Department shall be required for eligibility to test for the position of Captain.
Persons hired after 1-1-96 shall also be required to have successfully completed
forty-five (45) fire science degree credits for eligibility for appointment as a Captain.
(c) If a candidate declines promotion into one of the positions then the position will be
offered to the next eligible candidate on the list. If this candidate declines, the
process continues through the list. Any candidate declining a position must submit
in writing that they refuse the position. Any candidate refusing a position will be
placed at the bottom of the list.
(d) If no candidate on the list accepts the promotion the Chief has the right to appoint an
eligible employee not on the promotional list, as they see fit.
14.6 Personnel assigned to the positions of Public Education and Safety Captain, Technical
Training Captain and Technical Training Lieutenant may either promote or transfer into the
division. Once in training an employee will spend a minimum two (2) years unless promoted or
demoted out. At the end of two (2) years if the person wants to return to suppression the Chief
of the Department will request applications from Department Personnel qualified to transfer into
the Training Positions. If there are multiple applications the Chief of the Department will select
which person will transfer. If there are no interested applicants the Chief shall appoint the Junior
officer for the affected position to that position.
Exception- less than two (2) years served. If the Lieutenant or Captain assigned to training
wants to transfer to suppression and/or another Lieutenant or Captain wants to transfer to training
this may be accomplished with the approval of the Chief of the Department and both Officers.
14.7 At such time as a vacancy occurs and a decision is made to fill the vacancy by the
appointing authority, the highest scoring candidate on the promotional register that was current at
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the time the vacancy first occurred will be appointed to the position; provided that the Employer
may pass over the top scoring candidate for appropriate business reasons and promote the second
highest candidate instead. Contemporaneously with passing over any candidate, the Employer
shall furnish the employee and the Union Secretary, on request, the reasons for doing so. In the
event two or more candidates have identical scores, the candidate with the greatest seniority,
merit, efficiency and fitness shall be deemed highest scoring. Employees promoted shall serve a
probationary period of one year.
14.8 If the Employer does not fill a promotional vacancy within 30 days:
(a) If there are two (2) or more candidates on the register in effect on the date of the
vacancy, then that register shall remain in effect for that vacancy until the vacancy
is filled, and the highest scoring candidate on such register shall serve in the
position in an acting capacity until the Employer fills the vacancy.
(b) If there is only one candidate remaining on the register in effect on the date of the
vacancy, then, for purposes of filling the vacancy, the remaining candidate shall
be deemed the top scoring candidate on the next register and shall serve in the
position in an acting capacity until the employer fills the vacancy.
Further, in the event that a decision is made by the appointing authority not to fill
and/or eliminate a vacancy (as noted in 14.7 above) then at such time as the
position is re -authorized the register in effect at the time the Personnel decision
was made by the appointing authority shall be reactivated, and the highest ranking
candidate on the register at that time shall be eligible to be appointed to the
reauthorized position.
(c)
14.9 If both parties agree, this article may be opened for renegotiation. If difficulties arise in
the administration of this article, they may be referred to the Labor/Management Committee.
ARTICLE 15 — REFRESHMENT FUNDS
15.1 The Union may authorize bargaining unit members to furnish in-house refreshments;
provided that any proceeds from such activities shall be used in-house for the benefit of
bargaining unit members or, upon approval by the Union, donated to charitable organizations.
The Union shall be responsible for insuring that the refreshment funds are administered
consistent with applicable law.
ARTICLE 16 — FIRE DEPARTMENT RESERVES
16.1 The reservists are volunteers who are reimbursed pursuant to Section 1.44.180 (F) of the
City of Yakima Municipal Code.
16.2 The purpose of the reserves is to augment and support total manpower, not replace
bargaining unit personnel.
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16.3 Makeup of the Reserves. Reservists will be of two (2) types:
(a) One group need not be in top physical condition or fully trained in fire fighting
skills, but could do public education, teach first aid, assist non -emergency
personnel, and do other public service activities.
(b) The second group would be limited to those reservists who have been properly
trained in fire fighting skills under department standards. They could fight fires
inside buildings, do rescue, climb ladders while carrying hose and wearing an air
pack, and also do non -fire fighting activities inclusive of but not limited to
hydrant testing, and work on the fire ground by carrying hose, rolling hose,
refilling air tanks, distributing new radio batteries, and other non -fire fighting
activities. Applicants for the Reserve Fire Force must meet the following
minimum requirements:
(1) Must complete an application for Volunteer Reserve Firefighter Program;
(2) Must be a high school graduate or equivalent;
(3) Must be 18 years of age at time of appointment;
(4) Must pass a written exam in basic knowledge, or have passed the latest
Yakima Fire Department Civil Service Entrance Exam;
(5) Must pass the Yakima Fire Department Physical Agility Examination
(Combat Test w / o face piece in under 7 minutes.);
(6) Must pass an extensive physical examination by a physician selected by
the City of Yakima;
(7) Must possess and maintain a valid Washington State Drivers License;
(8) Must successfully pass an extensive background check reviewed by Staff
and Chief of the Department;
(9) Must pass an oral interview.
(c) Standards.
Once a Reserve candidate has satisfactorily satisfied the minimum requirements
for entry level then he/she must accomplish the following before being assigned
to respond on any piece of apparatus:
Must successfully complete the existing basic training academy for
Combat Reserves (a minimum of 40 hours.)
Must complete Basic First Aid class.
Must satisfactorily complete a basic competency test consisting of:
(a) Demonstrate donning and wearing of protective clothing.
(b) Demonstrate proper technique of taking a hydrant.
(c) Don and place into service an SCBA.
(d) Shoulder load a 1 3/4" preconnect and demonstrate proper operation
with water flowing.
(e) Demonstrate a basic knowledge of equipment location on assigned
apparatus.
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(d) Once a Reserve Firefighter has earned the authorization to respond, then it is
required that he/she fulfill the following standard requirements within the first
twelve (12) months.
(1) Complete IFSTA Firefighter I Program with passing score of 70%. This is
intended to be a check -off program that could be handled by any Company
Officer.
(2) Complete driver training course and apparatus competency testing
program as established for Brush Trucks, Tenders, and other Support
Vehicles.
(3) Complete and pass the E.V.A.P. course.
(4) Reserve Firefighter will be given quarterly progress reviews by the Station
Officer and/or the Training Division and shall achieve satisfactory marks
on those reviews.
(e) At the completion of the first year a performance evaluation will be conducted,
with a satisfactory rating required. It is required that the Reserve Firefighter
complete the following within the second twelve (12) months.
(1) Complete IFSTA Firefighter II Program with a passing score of 70%.
(f) All Reserves would be required to meet the following standards throughout the
year. The combat Reserve Firefighter shall:
(1) Attend a minimum of two (2) Monday night drills each month.
(2) Take and pass the "On Target" physical fitness test per Yakima Fire
Department standards.
(3) Take and pass the "Combat" physical fitness test per Yakima Fire
Department standards.
(4) Participate in a minimum of two (2) ride -outs per month with at least one
being during the standard work day between 8 AM and 5PM.
NOTE: The ride -out program is to be done at stations assigned by the
Duty Battalion Chief. These are to be in four (4) hour blocks.
(5) Maintain E.V.A.P. certification.
(6) Maintain Basic First Aid card.
(7) Attend at least 75% of all required training and make up all missed
required training within the calendar year.
(8) Earn and maintain a satisfactory annual review by the Shift Officer and/or
Battalion Chief in Training.
(9) Reserves shall be assigned to A, B or C Shift.
16.4 Organization of the Reserves.
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(a) Reserve fire fighters can be utilized at all City owned and/or operated fire
stations; provided that Reserves at all times be under the supervision of a paid
officer or paid acting officer. This would allow neighborhood recruiting and
provide an opportunity to increase minority and disadvantaged recruiting.
(b) During normal Department operations, reserves may augment and support career
personnel.
(c) Reserves may be actively involved in the neighborhood. They could teach first
aid, give fire safety talks and other community activities.
(d) Reserves shall have a distinctive uniform to enable identification in all
circumstances.
(e) Reserves shall observe normal station operating routines.
16.5 Chain of Command.
(a) During fire department operations, reserve fire fighters answer to paid officers or
paid acting officers.
(b) The Reserves would be used before calling the districts for help.
16.6 Training Requirements.
(a) Career fire fighting personnel will be used to train reserves.
(b) Shift career personnel assigned to training reserves shall have reasonable notice of
scheduled training.
(c) Monday night training sessions shall be scheduled in advance by the Training
division, or the on -duty Battalion Chief. Training outside regular hours shall be
limited to one evening a month for each crew between 7 PM and 9 PM. Crews
scheduled to assist with training that evening will be allowed to break their
normal duty day at 1430 hours to allow for meals, prep time and rest, prior to the
evening drill.
(d) Reserves will be taught with IFSTA and other sanctioned department material —
the same material utilized by career personnel.
(e)
All new Reserve recruits shall complete a minimum of 40 hours of basic training
and pass a competency test before being allowed to respond to emergency
incidents.
16.7 Enforcement of this article is limited to the Union acting on behalf of bargaining unit
employees, and not on behalf of Reserves.
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16.8 Reserve Response. Reserves would respond to alarms in three scenarios:
(a) Reserves would respond to alarms as the 4th or 5th person ride -outs on apparatus
having a minimum career staffing of 3.
(b) Off duty reserves would respond to Station #2 when toned -out. Reserves will be
assigned to bring Support Vehicles to emergency scenes or assigned to career
crews at the scene. Reserve personnel will normally staff a Support Vehicle with
2 people and a maximum of 3.
(c) Reserve personnel shall respond Code II except when upgrading at the request of
the Officer in charge at scene.
16.9 Mutual Aid Response. Reserves responding on Mutual Aid shall respond as follows:
(a) 4th or 5th person on responding pumpers.
(b) 3rd person on a brush truck or tender.
(c) As driver and support with the air truck.
16.10 Preference Points
Any Combat Reserve in good standing that meets all of the department standards for
Reserves will be given a one percent preference point for each of their first three years,
with a maximum preference of 3%. That 3% will be added to the applicant's score after
successful completion of the written and strength and agility portion of the test. If the
Reserve member obtains a Fire Science Degree while a member of the YFD Reserve
Program, and passed a 1 -year probation and is in good standing, that person would be
eligible to receive an additional 2% added to the applicant's fmal composite score.
ARTICLE 17 — WAGES
17.1 Effective 1-1-99 the base salary of bargaining unit members will be increased by two and
one half (2.5%) percent.
17.2 Effective 7-1-99 the base salary of bargaining unit members will be increased by one and
one half (1.5%) percent.
17.3 Effective 1-1-99, five (5%) percent will be added to the base pay for all LEOFF day
positions. Operations related overtime will be paid at the normal operations rate for each
position.
17.4 Effective 1-1-2000 the base salary of bargaining unit members will be increased by an
amount equal to 100% of CPI based on an averaging of the US cities Consumer Price Index
(CPI -W) and the Seattle Consumer Price Index (CPI -W) for the period of July 1998 to July 1999,
subject to a minimum of 2% and a maximum of 3.5%.
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ARTICLE 18 — HEALTH CARE INSURANCE
18.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit employees, retirees and their
dependents shall participate in the "City of Yakima Employees' Health & Welfare
Benefit Plans". Eligibility rules, types and or levels of benefits, payment of
premiums through a cafeteria plan, copayment, coinsurance and deductibility
requirements and all other terms and conditions for the provision of these health
benefits shall be governed by the "City of Yakima Employees' Welfare Benefit
Program".
18.2 Health and Dental Care Premium Contributions -
(a) January 1, 1999 — December 31, 1999
(i) Employee Health Care Premium Contribution: LEOFF I and LEOFF II
employee only health care coverage shall be paid for by the City and shall be
at no cost to the employee. LEOFF II employees will be given the option to
pay the difference in premium between the designated 100% coverage for
LEOFF I and the City's "Plan", except that the deductible shall be as stated
in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City shall contribute
up to $50 for dependent coverage for bargaining unit members. The City
and the employee shall share dependent medical program premiums in
excess of $50 per month contribution level on a 50% by the Employer and
50% by the employee basis, with a maximum employee contribution of $125
per month.
(iii) Dental Care Premium Contributions: The City shall pay the premium for
LEOFF I and LEOFF II employee and dependent dental care coverage.
(b) January 1, 2000 — December 31, 2000
(i) Employee Health Care Premium Contribution: LEOFF I and LEOFF II
employee only health care coverage shall be paid for by the City and shall be
at no cost to the employee. LEOFF II employees will be given the option to
pay the difference in premium between the designated 100% coverage for
LEOFF I and the City's "Plan", except that the deductible shall be as stated
in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City and the employee
shall share dependent medical program premiums per month contribution
level on a 50% by the employer and 50% by the employee basis, with a
maximum employee contribution of $140 per month.
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(iii) Dental Care Premium Contributions: The City shall pay the premium for
LEOFF I and LEOFF II employee and dependent dental care coverage.
(a) Employee contributions under this Article will be accomplished through normal
payroll deductions.
(b) If the average dependent composite cost for the "Plan" goes below $50 for 1999,
said formula for the cost sharing shall cease for that calendar year.
18.3 Retiree Coverage — The City of Yakima Employees' Health and Welfare Benefit Plan
shall provide retirees and dependents of retirees the right to remain in the group plan as
follows:
(a) LEOFF I retirees shall remain in the group medical plan at no cost to the
employee. LEOFF II retirees may elect to remain in the group medical plan until
they reach age 65, upon payment of the required premium.
(b) Spouses of retirees may remain in the group medical plan until they reach age 65
or in the case of spouses of deceased retirees, until they reach age 65 or remarry,
whichever occurs first.
(c) Other dependents of retirees may remain in the group health care plan as long as
they remain eligible under the provisions of the plan or when coverage for the
retiree and spouse, or, the spouse of deceased retiree terminates, at which time
such dependent insurance coverage would cease regardless of the age of the
dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other shared
dependent coverage costs (including dependents if enrolled) which shall be based
on the same formula as active employees and dependents within the bargaining
unit. Premiums shall be paid by deduction from retirement checks paid to retired
employees or their beneficiary.
18.4 Long Term Disability Coverage. The City will pay fifty percent (50%) of the premium
for long-term disability insurance for LEOFF II employees not to exceed $8.00 per employee per
month.
ARTICLE 19 — LIFE INSURANCE
19.1 The City will provide, without cost to the employee $20,000 in face amount of life
insurance.
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ARTICLE 20 — LONGEVITY PAY
20.1 The City will pay longevity pay upon satisfactory completion of the following service
and at the designated rate:
Service In Years Percent of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 22, Vacation Leave, of this Agreement.
ARTICLE 21— SPECIAL PAYS
21.1 Acting Assignment. The City will pay acting assignment pay of at least 5% above the
normal base pay or the pay rate of the D -Step of the next higher pay grade, whichever is greater,
for an individual for such period of continuous service, provided the individual serves a
minimum of the (10) hours for LEOFF personnel, in such higher classification, having been so
assigned by the Fire Chief or his designated agent and provided further that the individual
exercises the responsibility, including operation and administrative duties as they apply.
21.2 Eligibility for Acting Assignments. In order for an employee to be eligible for
assignment to an acting position, that employee must be eligible for promotion to the position in
accordance with the promotional standards in the current collective bargaining agreement, with
one specific exception in acting as a Lieutenant.
Specifically, the requirements are:
1. In order to act in the position of Lieutenant, an individual must be
on the current register as maintained by the Civil Service Chief
Examiner. Acting Lieutenants, for their respective shifts, shall be picked
from the top of the register down to fill an acting position. If no current
register exists or there is not a Fire Fighter available who is on the list, on
the affected shift, then a Fire Fighter who meets all of the requirements to
be eligible to take the Lieutenant's exam shall be selected.
2. In order to act in the position of Captain, an individual shall hold the rank
of Lieutenant and be on the current register for Captain as maintained by
the Civil Service Chief Examiner. Acting Captains, for their respective
shifts, shall be selected from the top of the register down to fill in an
acting position. In the event no one on the register is available, remaining
shift Lieutenants will be eligible to act.
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3. At no time will personnel who do not meet the requirements listed above
be allowed to act.
21.3 Station Reassignment: An employee who is reassigned from his/her scheduled station
assignment to a different fire station shall be compensated for the move. Since moving of
Personal Protective Clothing, Uniforms and Bedding will take approximately 30 minutes the fee
shall be $12.00. The employee will not be eligible for reassignment fee if they receive notice of
transfer by 2100 hr. on the shift they are at work, or if another bargaining unit member causes the
transfer for any reason other than sick or disability leave.
21.4 Call Back:
(a) An employee who is called back to duty after his scheduled shift has terminated,
but before the scheduled start of his next shift, shall receive premium pay for all
hours worked, but not less than two (2) hours of premium pay.
(b) The call back bonus will not be available for a "hold over" defined as an
extension of a regular or reassigned shift due to manning requirements or an
emergency circumstance. However, premium pay shall be paid for work
performed.
21.5 The City shall pay each employee for his use, afthe request of the City, of his personal
auto, not less than the IRS Rate per mile actually driven, or the actual cost of applicable public
transportation. In the event that the City increases mileage allowance paid by the City for the use
of personal autos on City business for any other City department or employee, such increased
allowance shall become the new rate thereunder.
21.6 LEOFF Uniform Maintenance. All LEOFF bargaining unit members shall be paid a
seventy-five dollars ($75.00) uniform maintenance allowance semi-annually. Said amount will
be payable the first payday of February and of August. The City shall have the right to contract
for uniform maintenance services as it deems appropriate after which time no further uniform
maintenance allowances shall be payable.
21.7 Shift Fire Investigator Differential. Subject to the Chiefs right to appoint, from time to
time, an employee as a Fire Investigator, such employee shall receive a differential for such duty.
Said differential shall be one hundred fifty dollars ($150) per month for a Fire Investigator who
is commissioned and one hundred dollars ($100) per month for a Fire Investigator who is not
commissioned. Payment shall be made in accordance with normal payroll procedures (monthly).
ARTICLE 22 — VACATION LEAVE & KELLY DAYS
22.1 Vacation Leave — Each LEOFF employee shall have a vacation account. Accruals to this
account for LEOFF employees working straight day shifts shall be at the following rates:
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Service In Years Accruals Max. Accrued
At Least But Less Than
Hrs/Mo. Hrs/Yr. Hours
0 3 6.67 80 160
3 7 8.00 96 192
7 10 10.00 120 240
10 15 12.00 144 288
15 20 14.00 168 336
20 16.00 192 384
22.2 LEOFF employees assigned to a 24 hour shift shall be eligible to carry maximum
vacation leave accumulations according to the following schedule:
Service In Years
Accruals Max. Accrued
Hrs/Mo. Hrs/Yr. Hours
(a) 0-5 years 10 120 240
(b) Over 5 years — 10 years 12 144 288
(c) Over 10 years- 15 years 14 168 336
(d) Over 15 years — 20 years 16 192 384
(e) Over 20 years 18 216 432
22.3 Service in years for LEOFF classifications is defined as the most recent period of
employment unbroken by voluntary termination, voluntary retirement, voluntary leaves of
absence in excess of thirty (30) days or termination for cause. Such service shall not be
considered broken by period of disability retirement, or leave without pay in excess of thirty (30)
days for medical reasons, if approved by the Fire Civil Service Commission during which times
no service credit shall accrue. Layoff shall not be considered a break in service providing that
failure to accept the first offer of reemployment for any reason shall constitute a break in service.
(No service credit shall accrue during periods of layoff.)
22.4 If a LEOFF employee is transferred from twenty-four (24) hour shift schedule to day shift
and is over the day shift maximum accrual, said employee will be given an opportunity to use up
leave within six (6) months from the date of transfer.
22.5 Scheduling of Vacation, Kelly Days, and Days Off in Lieu of Holidays for LEOFF
Employees (PERC Case No. 7900-U):
(a) The City shall allow a guaranteed maximum, per shift, of four shift employees
from the bargaining unit to be released from duty at any one time for scheduling
of vacation, Kelly days, or days off in lieu of holidays.
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(b) A fifth standby position will be available if the following are met:
1. Shift manpower is available
2. The manning of Y-17/18 is not affected
3. Station reassignment or hold over pay doesn't have to be paid
Standbys shall remain available to work until 8:OOAM.
22.6 For LEOFF classifications any vacation accumulated over the stated limits shall be paid
at 100% of base wage as of December 31 of each year; provided, however, at least 75% of the
annual accrual rate for vacation must have been used during the year in order to qualify for the
payment; provided, however, if the Employer cancels an employee's scheduled vacation and this
canceling results in vacation accumulation over the stated limits as of December 31 of any
particular year then the Employer will pay for said vacation at the normal hourly rate. Payment
for any vacation accumulated over the stated limits is subject to the Employer's inability to
reschedule the vacation time off. Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
ARTICLE 23 — LEOFF EMPLOYEE HOLIDAYS
23.1 (a) All LEOFF members of the bargaining unit will receive a credit of 120 hours of
holiday credit to their holiday account. New employees hired after that date will
receive holiday credits at the rate of 10 hours per month for all months remaining
in the calendar year. New employees must be scheduled to work for more than
one-half (1/2) of the month's shifts in order to receive holiday credit for the
month in which they were hired.
(b) Employees transferring from days to shifts will receive holiday credits at the rate
often (10) holiday hours per month for the calendar months remaining in the
year. Employees transferring from shifts to days will have ten (10) hours per
month for each calendar month remaining in the year deducted from their 120
hours of holiday credits which shall not be reduced to less than zero credits. The
employee's schedule which encompasses more that one-half of a month shall
determine whether or not credits are added or reduced for that month.
23.2 Holiday time must be used in the calendar year in which it was credited and may not
carry-over into successive calendar years. Unused holiday time will be paid at 100% of
the base wage as of December 31 of each year up to a maximum of 24 hours per
employee.
23.3 An employee who uses up their 120 hours of holidays and leaves the Department before
December 31 shall have 10 hours removed from their earned leave account for each
month remaining in the year that the employee has not worked at least one (1) shift.
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23.4 If an employee has not used the holiday time in the calendar year in which it was earned
due to long term sick leave, disability leave, disability retirement or layoff then the
employee shall be paid for unused holiday time at ten (10) hours per month for those
months in which the employee has actually worked at least five (5) shifts.
ARTICLE 24 — SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES
24.1 Regular LEOFF H employees working a 24-hour shift schedule may exchange accrued
sick leave for pay or for additional leave time as appropriate, in accordance with the options
provided the employee, subject to the following provisions:
No exchange of accrued sick leave for additional leave days or for cash will be granted for those
employees with 1080 hours or less of accrued sick leave except:
(a) Upon retirement or death, the employee's accrued sick leave up to 1080 hours or
less will be exchanged for pay at the rate of 50% of the employee's current base
pay.
(b) Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to 1080 hours or less will be
exchanged for pay at the rate of 25% of the employee's current base pay.
Honorable termination includes resignation with proper notice.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for budget
reasons, accrued sick leave up to 1080 hours or less will be exchanged for pay at
the rate of 50% of the employee's current base pay.
(d) In the event of death in line of duty, all hours of sick leave will be exchanged for
pay at the rate of 100% of the employee's current base pay.
(e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred Fifty
Dollars ($6,250.00); provided, however, this cash out limit shall not apply with
regard to a Death in the Line of Duty.
24.2 Exchange of accrued sick leave for additional leave days or for cash will be granted to
regular LEOFF II employees who have accrued more than 1080 hours of sick leave, subject to
the following provisions:
(a) Upon retirement or death, 1080 hours of accrued sick leave will be exchanged for
pay at the rate of 100% of the employee's current base pay.
(b) Upon termination under honorable conditions, as distinguished from death or
retirement, 1080 hours of accrued sick leave will be exchanged for pay at the rate
of 50% of the employee's current base pay.
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(c) Employees who have accrued more than 1080 hours of sick leave may exchange
such sick leave for bonus (additional) leave at the rate of 4 shifts of sick leave for
each additional vacation shift, not to exceed a total of 5 added vacation shifts
annually, utilization of which would be subject to the scheduling and approval of
the department head.
(d) Upon involuntary termination under honorable conditions, e.g., layoff for budget
reasons, 1080 hours of accrued sick leave will be exchanged for pay at the rate of
50% of the employee's current base pay.
(e) In the event of death in the line of duty, all hours of accrued sick leave will be
exchanged for pay at the rate of 100% of the employee's current base pay.
(f) In no event shall the cash out exceed the sum of Twelve Thousand Five Hundred
Dollars ($12,500); provided, however, this cash out limit shall not apply to death
in the line of duty.
24.3 The maximum accumulation of sick leave for LEOFF II employees shall be a total of
1,440 hours for any purpose including use and / or exchange.
24.4 Sick Leave Exchange Procedure — Any regular LEOFF II employee may exchange
accrued sick leave as provided in Sections 24.1, 24.2, 24.6, 24.7 or 24.8 herein at the option of
the employee, subject to the following conditions and provisions, effective January 1, 1999:
(a) Authorization for such an exchange shall be made by time ticket submitted to the
Fire Chief or his designee.
(b) No exchange will be granted for less than 24 hours of vacation leave.
(c) No exchange will be granted to an employee who has been terminated for cause.
24.5 Regular LEOFF II employees hired on or after October 1, 1977 shall be granted sick
leave in accordance with Municipal Code 2.22.075.
24.6 LEOFF II personnel working a 40 -hour week shall be eligible to exchange sick leave
according to the following schedule. A maximum of 960 hours may be accumulated for either
exchange or use.
No exchange of accrued sick leave for additional leave days or for cash will be granted for
employees with 720 hours or less of accrued sick leave, except:
(a) Upon retirement or death, the employee's accrued sick leave up to 720 hours or
less will be exchanged for pay at the rate of 50% of the employee's current base
pay.
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(b) Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to 720 hours or less will be
exchanged for pay at the rate of 25% of the employee's current base pay.
Honorable termination includes resignation with proper notice.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for budget
reasons, accrued sick leave up to 720 hours or less will be exchanged for pay at
the rate of 50% of the employee's current base pay.
(d) In the event of death in the line of duty, all sick leave will be exchanged for pay at
the rate of 100% of the employee's current base pay.
(e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred Fifty
Dollars ($6,250.00); Provided, however, this cash out limit shall not apply with
regard to a death in the line of duty.
24.7 Exchange of accrued sick leave by 40 -hour week employees for additional leave days or
for cash will be granted to regular LEOFF II employees who have accrued 720 hours or more,
subject to the following provisions:
(a) Upon retirement or death, the employee's accrued sick leave up through a
maximum 720 hours will be exchanged for pay at the rate of 100% of the
employee's current base pay.
(b) Upon retirement under honorable conditions, as distinguished from death or
retirement, the employee's accrued sick leave up through a maximum of 720
hours will be exchanged for pay at the rate of 50% of the employee's current base
pay.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for budget
reasons, the employee's accrued sick leave up through a maximum of 720 hours
will be exchanged for pay at the rate of 50% of the employee's current base pay.
(d) In the event of death in the line of duty, the employee's accrued sick leave will be
exchanged for pay at the rate of 100% of the employee's current base pay.
(e) Employees who have accrued more than 720 hours of sick leave may exchange
such sick leave for bonus (additional) leave at the rate of 32 hours of sick leave
for an additional vacation leave day, not to exceed a total of 40 hours added
vacation leave days annually, utilization of which would be subject to the
scheduling and approval by the department head.
(f) In no event shall the cash out exceed the sum of Twelve Thousand Five Hundred
Dollars ($12,500.00); Provided, however, this cash out limit shall not apply with
regard to a death in the line of duty.
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24.8 In December of each year, any accruals by 40 -hour week employees beyond the 960 hour
limitation will be automatically exchanged based upon the formula of 8 hours pay for each 32
hours accrued or a percentage thereof for smaller accruals. Such pay will appear on the
employee's fmal paycheck for the year.
24.9 LEOFF II personnel reassigned from shifts to days shall have all hours of accrued sick
leave converted on the basis of one (1) hour sick leave for every three (3) hours accrued at the
time of reassignment. Personnel reassigned from days to shifts shall have all hours of accrued
sick leave converted on the basis of three (3) hours sick leave for every one (1) hour accrued at
the time of reassignment. Any excess of the day sick leave of 480 hours that an employee had
earned while on the 24-hour shift will go into a pool to be used for additional sick leave while on
days if needed. In no case can the employee accrue more than the maximum sick leave
allowance.
ARTICLE 25 — SICK LEAVE POOL
25.1 The City Manager or his/her designee, in his/her discretion, may grant, with the
agreement of the Local 469 Executive Board, to a regular full-time employee who is a member
of Local 469 or, with the unanimous agreement of the Local 469 Executive Board to a City
employee, shared leave from the leave pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty related illness or injury.
(b) The employee has depleted or will shortly deplete his/her total available paid
leave. Paid leave is defined as vacation leave, sick leave, accrued compensatory
time, holiday time, and personal holiday. Shared leave shall mean paid leave
transferred to an employee pursuant to this section.
(c) Where applicable, the employee has diligently pursued and is found to be
ineligible for Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability benefits that meet or exceed the
limits set forth in this program pursuant to local law, state law, federal law,
insurance, and/or any agreement.
(e) In requesting, the employee must have been a donating shared leave pool
member.
25.2 An employee may donate his/her accrued paid leave hours by submitting a time card
specifying the type and amount of hours to be donated to the IAFF Local 469 extended
sick/leave pool; provided, that the donated hours do not cause the donor employee's sick leave
balance to be less than two hundred eighty-eight (288) hours, unless otherwise approved by the
Local 469 Executive Board. The minimum number of hours to be donated at any one time is
eight (8) hours. Such time cards must be received by the Fire Department Timekeeper no later
than the fifth (5th) day of each month.
25
25.3 Paid leave shall be transferred on a dollar -value basis. The value of shared leave shall be
the dollar value of the paid leave at the time it is recorded as available for use as shared leave.
Once shared leave has been transferred to an employee, it shall be transformed into sick leave
and so credited to the employee's sick leave accrual. The dollar value of the pool will be
increased by the City by the same percentage or dollar -per -hour figure as any wage increase
effective for Local 469 members.
25.4 All requests/applications for shared leave shall be in writing on a form provided by Local
469 and directed to the Local 469 Executive Board. Said written application shall contain the
following information:
(a) The number of hours sought from the leave pool, in one-hour increments.
(b) A physician's statement indicating the nature of the illness or injury, the
prognosis for recovery, and the expected duration of the absence. All such
information shall be kept confidential.
(c) An agreement to return to said leave pool any unused hours received from said
leave pool upon return to work or termination of his/her employment for any
reason.
All requests processed by the Payroll Office by the fifteenth (15th) of a month shall be effective
for that month.
25.5 The Local 469 Executive Board shall recommend whether to approve a request for leave
from the leave pool, according to the following factors:
(a) The nature of the illness or injury of the requesting employee.
(b) Any history of excessive or abusive use of sick leave by the requesting employee.
(c) The amount of shared leave available in the leave pool.
25.6 The Local 469 Executive Board shall make every reasonable effort to determine that an
employee is granted shared leave only for catastrophic non -duty related illness or injury and the
limitations set forth in this policy. Use of shared leave contrary to this Agreement shall result in
cancellation of shared leave, the balance of which will be returned/transferred to the leave pool.
The Local 469 Executive Board shall so notify the involved employee and the Director of
Finance and Budget.
25.7 Hours awarded from the leave pool shall be on a first-come first-served basis of qualified
employees. The maximum withdrawal from the pool shall be limited to the amount required to
maintain the requester's employee status for six months from the date of approval, per approval
request.
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25.8 The Local 469 Executive Board shall send written notification for the award of sick leave
hours from the leave pool to the City of Yakima Human Resources Department, with a copy to
the Payroll Officer. The Local 469 Executive Board and the City shall notify each requesting
employee of the final decision on award of hours from the leave pool.
25.9 The Personnel Officer shall be responsible for monitoring shared leave and shall also be
responsible for initiating the proper paperwork to the Payroll Office to adjust the accrued leave
balances to the recipient from the leave pool. Records of all transactions from the leave pool to
the recipient will be maintained by the Payroll Office with a copy of each transaction also
maintained in the Human Resources Office. Recipients shall also have a record of his/her hours
received from the leave pool placed in their City and Department personnel file.
ARTICLE 26 — BIRTHING LEAVE/MATERNITY LEAVE
26.1 A LEOFF I male employee shall be authorized to use vacation leave, compensatory time,
holiday time, or other accrued time -off on the day his wife gives birth. The employee shall be
released by their commanding officer upon the arrival of a replacement if such is needed to
maintain departmental daily staffing requirements.
26.2 A LEOFF II male employee shall be authorized to use sick leave on the day his wife
gives birth. The employee shall be released by his commanding officer upon the arrival of a
replacement if such is needed to maintain Departmental daily staffmg requirements. If the
employee's sick leave has been exhausted, vacation leave, holiday time, compensatory time, or
other accrued time off may be used in lieu of sick leave.
26.3 The Union and the City agree to jointly develop appropriate language to add to this
article to cover the impacts of mandates by State and Federal statutes.
ARTICLE 27 — LIGHT DUTY FOR LEOFF II EMPLOYEES
27.1 Off-duty extended injury, illness or pregnancy
LEOFF II employees who are off-duty due to an extended injury, illness, or pregnancy and
cannot perform their regular duties may request in writing to the Chief of the Department an
assignment to light duty. This request may be made at the end of (7) days after the point of the
injury, illness, or notification of pregnancy. Any light duty assignment will be contingent on the
Department's needs and the employee's ability to perform assigned duties within the scope that
would be allowed based on a physician's recommendation. All light duty assignments will be
for (30) days and will be reviewed by the Chief of the Department to determine any extension of
the assignment. Light duty assignments will not include fire suppression, EMS response,
dispatching duties, or delay the appointment or filling of a Civil Service position due to work
being performed by the employee on light duty. Any employee on light duty will maintain all
the rights and benefits of this contract and earn job and position seniority as if on full duty.
Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a
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24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for
every three (3) hours accrued. This exchange will cause an employee that has a maximum
accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the
day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a
pool to be returned to that employee upon return to work on a 24 hour shift. In no case can the
employee gain more than 100% of sick leave or income from this assignment.
27.2 On -duty extended injury or illness
LEOFF II employees who are injured or incur illness on duty may be required at the discretion of
the department to be placed on light duty. Any light duty assignment will be contingent on the
Department's needs and the employee's ability to perform assigned duties within the scope that
would be allowed based on a physician's recommendation. All light duty assignments will be
for (30) days and will be reviewed by the Chief of the Department to determine any extension of
the assignment. Light duty assignments will not include fire suppression, EMS response,
dispatching duties, or delay the appointment or filling of a Civil Service position due to work
being performed by the employee on light duty. Any employee on light duty will maintain all
the rights and benefits of this contract and earn job and position seniority as if on full duty.
Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a
24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for
every three (3) hours accrued. This exchange will cause an employee that has a maximum
accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the
day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a
pool to be returned to that employee upon return to woik on a 24 hour shift. In no case can the
employee gain more than 100% of sick leave or income from this assignment.
ARTICLE 28- COMPENSATORY TIME OFF
28.1 All bargaining unit employees shall have the option of receiving payment or credited
time off at the rate of one and one-half (1.5) actual overtime hours worked in accordance with
Municipal Code Section 2.22.040 (E). Compensatory time shall be separately accounted for and
will have to be cleared by use or pay by December 31, annually.
Up to one (1) average work week's worth of hours may be accumulated (i.e., forty (40)). Use
shall be scheduled at the City's discretion with due regard to the wishes of the employees and the
City's work requirements.
28.2 Court Appearance Leave — In the event members of the bargaining unit receive a
subpoena to appear in court to provide testimony in an official capacity, such required absence
from scheduled duty shall be considered time worked for pay purposes. When said employees
are required to appear in court in an official capacity in their off duty hours, they shall be paid at
the applicable rate for such time. Verification of court attendance shall be on a form prescribed
by the Fire Department and shall include a statement of hours signed by the relevant court clerk.
28.3 An off duty employee who is required by the Chief of the Department to testify before
28
the Civil Service Board on matters pertaining to his assigned duties shall be compensated for
actual time in attendance in accordance with 28.2 of this Article. Verification of attendance shall
be on a form prescribed by the Fire Department and shall include a statement of hours of
attendance signed by the Chief of the Department.
28.4 Training Time —
(a) For LEOFF employees, off duty training that is required by the Chief or the
Department or his designee shall be paid at time and one-half the straight time pay
for each hour or portion thereof that is spent in actual training.
ARTICLE 29 — OVERTIME FOR LEOFF EMPLOYEES
29.1 Only the hours that a LEOFF employee is physically present on his assigned shift or
work period are considered hours worked.
29.2 When LEOFF employees assigned to a 24-hour shift work more than 204 hours on their
assigned shifts in a 27 day work period, or in the case of other LEOFF employees, 40 hours in a
7 day work period, such employees shall be paid at the overtime rate required by the Fair Labor
Standards Act for all hours worked in excess of 204 hours or 40 hours, respectfully.
29.3 Premium Duty Pay- LEOFF personnel not on their normally scheduled shifts, who are
not assigned to work, except as noted in 29.4 below, shall be paid at the overtime rate required
by the Fair Labor Standards Act.
29.4 Emergency Duty Pay -When LEOFF personnel are called from off-duty by the Fire Chief
or his designee because of an emergency the emergency duty pay rate shall be calculated by
dividing base monthly salary by 173.33 and multiplying the result by 1.5.
29.5 Fractions of an hour served on overtime duty shall be rounded to the next full hour for the
purpose of computing the amount of overtime.
ARTICLE 30 — DUTY WEEK FOR LEOFF EMPLOYEES
30.1 The average hours of duty for 24-hour shift LEOFF employees shall average fifty-one
point thirty-eight (51.38) hours per week.
30.2 The employees serving in the positions of Public Education and Safety Captain,
Technical Training Captain and Technical Training Lieutenant shall work a shift consisting of
forty (40) hours per week in the form of five (5) eight (8) hour days. Alternate forty (40) hour
shifts may be worked as mutually agreed upon by the employee and the employer.
29
ARTICLE 31 -TOBACCO USE ON DUTY
31.1 The Union and the City recognize that health problems are caused by smoking and
tobacco use and therefore agree to the elimination of the use of all tobacco products by all
members of the Fire Department from all areas within fire stations, administrative offices, shops
and any other buildings or facilities of the Fire Department. Violations of these provisions shall
constitute a basis for disciplinary action to be handled in accordance with normal disciplinary
procedures.
ARTICLE 32 -PHYSICAL FITNESS
32.1 For LEOFF employees, there shall be established a physical fitness committee.
Composition of the committee shall consist of:
(a) Two members designated by the Fire Chief.
(b) Two members of the bargaining unit.
(c) One member from outside the department, selected by the other four members to
serve as chairperson. The outside representative should have the following
professional characteristics: Experience or education in physical fitness, or
medicine or related field.
32.2 The purpose of the committee is to develop a physical fitness program, establish policy,
manage the on-going program and make appropriate recommendations on awards and/or
discipline.
32.3 The Physical Fitness Program established by the Physical Fitness Committee shall be
reviewed and revalidated annually by the Department and the Union. The program and the policy
governing this program shall not be changed except by the mutual consent of the Department and
the Union.
32.4 Both parties have agreed to jointly work on addressing issues and programs pertaining to
physical fitness.
32.5 All LEOFF personnel will be required to meet the physical fitness standards as defined
by the physical fitness committee. LEOFF personnel failing any portion of the standard will be
monitored on an on-going basis to insure a regular effort is made to progress in the deficient
area(s). Individuals will have a period of time, as determined by the committee, to achieve a
minimum standard as long as progress is measurable and legitimate injury does not impede such
progress. After the period offline set by the committee and no measurable progress is made then
corrective or disciplinary action may be taken as provided for in Article 35.
32.6 Upon request by the fitness committee, only the medical results that pertain to physical
fitness shall be given to the committee.
30
32.7 Employees in the bargaining unit shall be required to have physical examinations to be
scheduled by and at the expense of the city. Examinations shall be required at age 40 and every
two years thereafter. The results of a medical examination for LEOFF employees as they relate
to health / fitness to carry out the job responsibilities will be forwarded to the physical fitness
committee.
ARTICLE 33 -CREATION OF NEW LEOFF CLASSIFICATIONS
33.1 The salary, hours of work, working conditions, selection criteria and fringe benefits for
all newly created classifications or classification modifications within the bargaining unit shall
be negotiated with the Union prior to the filling of any position within the new classification.
ARTICLE 34 -DEFERRED COMPENSATION FOR LEOFF EMPLOYEES
34.1 Effective 1-1-98, each bargaining unit member shall be paid, in addition to that
employee's monthly salary, deferred earned compensation each month in an amount equal to 3%
of base pay to a deferred compensation account for each member of the bargaining unit.
34.2 Said deferred compensation is separate pay and is not part of the base monthly salary
schedule codified in Yakima Municipal Code Pay and Compensation Ordinance, subsection
2.20.110. This provision is subject to the City's deferred compensation rules and regulations
adopted by the City Council and IRS regulations, and the computation of retirement
contributions and pension benefits shall be governed by applicable state law.
ARTICLE 35 -DISCIPLINE POLICY
Both parties have agreed to continue work and to complete a progressive discipline policy by
mid -year 1999.
ARTICLE 36 -MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT
LEOFF EMPLOYEES
2.04
2.04.010
2.04.030
2.16
2.16.010
2.20
2.20.010
Group Insurance
Plan Adopted
City Contributions
Bonds For Officers
Bonds Required — Amount
Salaries
Persons Subject to the Plan
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2.20.040 Policy for Pay Steps
2.20.060 Transfer, Promotion, Reclassification, Demotion or Reinstatement of Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures — Amounts
2.20.088 Uniform Allowance — Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department — Working Conditions
2.22.010 Work Week
2.22.020 Calling Off -Duty Firefighters in an Emergency
2.22.030 Compensation
2.22.040 Overtime Pay
2.22.050 Special Assignment Pay
2.22.060 Time -off Privileges — Vacation Leave
2.22.070 Time -Off Privileges — Compassionate Leave
2.22.075 Time -Off Privileges — Sick Leave
2.22.80 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan — Eligibility - Restrictions
2.24.015 Longevity Plan — Service Recognition Award
2.24.20 Leave Of Absence for Service in Armed Forces
2.40 Leaves Of Absence
2.40.010 Eligible Employees
2.40.020 Vacation Leave
2.40.030 Sick Leave
2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay
2.40.70 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representatives
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter shall control.
Nothing herein shall alter the parties' rights and obligations to bargain collectively concerning
proposed changes in the Municipal Code that affect wages, hours or working conditions of
bargaining unit employees.
32
ARTICLE 37 -ENTIRE AGREEMENT
37.1 The Agreement expressed herein in writing constitutes the entire agreement as negotiated
between the parties and no oral statement or previous written agreements shall add to or
supercede any of its provisions.
37.2 The city and the Union agree to establish a regular monthly meeting for the purpose of
discussing matters considered of importance to them respectively and to maintain a channel of
communication. It is intended that such communication be used as a tool to prevent problems
from developing and to solve problems, which have surfaced.
The City and the Union may voluntarily and mutually agree upon solutions to the
aforementioned problems, real or developing and such agreements shall, when appropriate, be
reduced to a memorandum and attached to this Agreement.
37.3 Date of Hire List for LEOFF Employees — The city will provide a date of hire list for
LEOFF employees no later than February 1" of each year to be posted at all fire stations.
ARTICLE 38 -NO PYRAMIDING
38.1 Nothing contained in this agreement shall be interpreted as requiring duplication or
pyramiding of overtime payments involving the same hours of labor except as otherwise
specifically provided in this agreement.
ARTICLE 39 -SAVINGS CLAUSE
39.1 All provisions of this agreement are subject to applicable laws, and if any provision of
any article of this agreement is held or found to be in conflict therewith, said provision shall be
void and shall not bind either of the parties hereto; however, such invalidity shall not affect the
remaining articles of this Agreement. Notwithstanding any other provisions of this Agreement
the Employer may take all actions reasonable to comply with the Americans with Disabilities
Act and the Family Medical Leave Act.
ARTICLE 40 -TERM OF AGREEMENT
40.1 This Agreement shall be deemed effective from and after the day of January, 1999
through the 31' day of December, 2000; Provided however, that this Agreement shall be subject
to such periodic changes as may be voluntarily and mutually agreed upon by the parties hereto
during the term thereof.
33
Recommended by:
F. Shorty Martin
President
Local 469, I.A.F.F.
11
Larry M re ouse
Secretary -Treasurer
Local 469, I.A.F.F.
Executed by the parties hereto this
CITY OF YAKIMA
By: --
R. A. Zais, Jr. --)
City Manager
Chief Al Gillespie
Fire Chief
City of Yakima
day of --.3e4/1-6,- , 19 7/ .
ATTEST: , 0
City Contract No. 99-16
/ ' • ,. /x)
By: / )(t.:- (A: -7,-- , j fc.--(1,; -t Resolution . ' Resolution No. R-99-17
City Clerk ,2- 1
...•,
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By: / a'r
President
34
C �� /a 7
MEMORANDUM OF UNDERSTANDING g- 111'3 - °I 1
THIS MEMORANDUM OF UNDERSTANDING (hereinafter the
"Memorandum") is made and entered into by and between the City .of Yakima
(hereinafter the "City") and Local 469, International Association of Firefighters, AFL-
CIO (hereinafter "Local 469"), representing the Fire LEOFF employees, Fire PERS
employees and Public Safety Dispatch employees.
WHEREAS, on September 4, 1998 the City and Local 469 began negotiations for
the successor collective bargaining agreements for the Fire LEOFF bargaining unit, the
Fire PERS bargaining unit and the Public Safety Dispatch bargaining unit.
WHEREAS, on September 4, 1998 the City and Local 469 agreed in the ground
rules for collective bargaining to negotiate economic issues first and then to bargain
language items.
WHEREAS, on October 13, 1998 the City and Local 469 reached agreement on the
economic items in collective bargaining for the Fire LEOFF bargaining unit, the Fire
PERS bargaining unit and the Public Safety Dispatch bargaining unit.
WHEREAS, the City and Local 469 have reached settlement on the wage
increases for calendar year 1999 and 2000.
WHEREAS, the City and Local 469 desire that the classifications of Public Safety
and Education Officer (Class Code 6340), Technical Training Supervisor (Class Code
6341), and Technical Training Assistant (Class Code 6342) be deleted from the City of
Yakima Classification and Compensation Ordinance.
WHEREAS, the City and Local 469 agree to continue to negotiate language items
and anticipate submitting the completed, comprehensive collective bargaining
agreements for the Fire LEOFF bargaining unit, Fire PERS bargaining unit and Public
Safety Dispatch bargaining unit to the Yakima City Council for adoption in January
1999.
WHEREAS, rather than waiting until the submission for City Council
consideration of the completed, comprehensive collective bargaining agreements, both
parties desire that the City of Yakima Classification and Compensation Ordinance be
adjusted to reflect the agreement of the parties concerning both the wage increases and
the deletion of the classifications.
NOW, THEREFORE, the City and Local 469 agree that the City of Yakima
Classification and Compensation Ordinance should be submitted for City Council
consideration on December 15, 1998 with the following changes:
Page 1 of 2
• A 2.5% and a 1.5% wage increase effective January 1, 1999 and July
1, 1999 for City employees represented by Local 469; and
• Deletion of the classifications of Public Safety and Education
Officer (Class Code 6340), Technical Training Supervisor (Class
Code 6341), and Technical Training Assistant (Class Code 6342).
THIS MEMORANDUM OF UNDERSTANDING is executed by the parties this /O°'
day of December, 1998.
CITY OF YAKIMA
By.
R.A. Zais Jr.,
City Manager
ATTEST:
By:
Karen Roberts,
City Clerk
crry CONTRACT NO: c
RESOIRION SO:
LOCAL 469, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
By: � ia,-)
Francis "Shorty" Martin,
President
Page 2 of 2
: .AJL I:(1?t
Larry lVldrehouse,
.J
Secretary